by steve | Nov 5, 2010 | IRS Tax Advice
Our firm is comprised of former IRS Agents, Managers, and Instructors who worked for the IRS for a combined 60 years. We were the persons responsible for training other IRS Agents. We know all the tax strategies required to fight for these penalties against taxes: 720, 945, 1042, 8288, CT1.
We are the highest rated by the Better Business Bureau with an ” A” rating. Call us today. 1-866-700-1040.
Is the IRS holding you responsible for the trust fund penalty?
Has the sent you tax form 1153 and want to propose a penalty under code section 6672? Appeal the proposed tax assessment the IRS wants to make against you for the trust fund penalty on tax for :945, 1042, 8288,CT1.
You have an opportunity to appeal these proposed assessments so take the 60 window of opportunity to fight this penalty.
Who Can Be Responsible for the Trust Fund Penalty
The Trust Fund may be assessed against any person who:
1. is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
2. willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes. This person may be:
1. an officer or an employee of a corporation,
2. a member or employee of a partnership,
3. a corporate director or shareholder,
4.a member of a board of trustees of a nonprofit organization,
5.another person with authority and control over funds to direct their disbursement
For willfulness to exist, the responsible person:
* must have been, or should have been, aware of the outstanding taxes and
* either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness.
You may be asked to complete an interview in order to determine the full scope of your duties and responsibilities. Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business. An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid. Notice 784, Could You Be Personally Liable for Certain Unpaid Federal Taxes?, contains additional information regarding the TFRP.
Figuring the Trust Fund Amount
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
* The unpaid income taxes withheld, plus
* The employee’s portion of the withheld FICA taxes.
For collected taxes, the penalty is based on the unpaid amount of collected excise taxes. IRS will not collect on any penalties or Interest.
What Fresh Start Tax can do for you today:
- have former IRS Agents, Manager and Instructors immediately start to resolve your tax problem,
- immediately send a power of attorney to IRS so you will never have to contact the IRS. We know all the strategies!
- make sure you are taken off the IRS” enforcement action computer system immediately”
- adjust the tax liability to make sure you are paying the lowest amount possible
- file any tax returns that need to be filed and bring you current with the IRS
- settle the tax liability for the lower possible amount
- make sure IRS never takes your tax refund
- have the company with moral integrity, the highest BBB rating, fast, affordable, licensed in all 50 States, resolve your case.
by steve | Nov 5, 2010 | IRS Tax Advice
Is the Internal Revenue Service holding you responsible for trust fund taxes as a result of Tax Form 945?
If that is the case you should call Fresh Start Tax 1-866-700-1040.
We are former IRS Agents who know all the tax strategies to get you tax relief in the area of the trust fund tax. We have the highest rating given by the Better Business Bureau.
IRS will try to collect these taxes from those whose obligation it was to withhold and make the payments to IRS. Do not accept the fact that IRS is making you responsible. Fight IRS on this issue. File an appeal with the IRS through Fresh Start Tax.
Call us today, Fresh Start Tax 1-866-700-1040
Depositing Withheld Taxes
Deposit all non payroll (Form 945) withheld federal income tax, including backup withholding, using EFTPS. Combine all Form 945 taxes for deposit purposes. Do not combine deposits for Forms 941, 943, 944, or Form CT-1 with deposits for Form 945.
Generally, the deposit rules that apply to Form 941 also apply to Form 945. However, because Form 945 is an annual return, the rules for determining your deposit schedule (discussed below) are different from those for Form 941. See section 11 of Pub. 15 (Circular E) for a detailed discussion of the deposit rules.
Determining your deposit schedule. There are two deposit schedules—monthly or semiweekly— for determining when you must deposit withheld federal income tax. These schedules tell you when a deposit is due after a tax liability arises (that is, you make a payment subject to federal income tax withholding, including backup withholding).
Before the beginning of each calendar year, you must determine which of the two deposit schedules you must use.
For 2011, you are a monthly schedule depositor for
Form 945 if the total tax reported on your 2009 Form 945 (line 3) was $50,000 or less. If the total tax reported for 2009 exceeded $50,000, you are a semiweekly schedule depositor.
If you are a monthly schedule depositor and accumulate a $100,000 liability or more on any day during a calendar month, your deposit schedule changes on the next day to semiweekly for the remainder of the year and for the following year.
For more information, see the in section 11 of Pub. 15 (Circular E).
What Fresh Start Tax can do for you today:
- have former IRS Agents, Manager and Instructors immediately start to resolve your tax problem,
- immediately send a power of attorney to IRS so you will never have to contact the IRS. We know all the strategies!
- make sure you are taken off the IRS” enforcement action computer system immediately”
- adjust the tax liability to make sure you are paying the lowest amount possible
- file any tax returns that need to be filed and bring you current with the IRS
- settle the tax liability for the lower possible amount
- make sure IRS never takes your tax refund
- have the company with moral integrity, the highest BBB rating, fast, affordable, licensed in all 50 States, resolve your case.
by steve | Nov 5, 2010 | IRS Tax Advice
Former Local IRS agents and manager, 954-492-0088
If you need immediate releases of the Federal Tax Levies, the 668A, bank or third party levy or 668W, wage garnishment ,continuous levy call Fresh Start Tax 1-866-700-1040.
Our office has former IRS Agents, Managers and Instructors that can start the process today.
Before you hire a professional tax company make sure they have on staff former IRS Agents who know the IRS tax system and know the strategies required to get a IRS levy on Wages released.
Many companies claim they can get the IRS levy on wages released and will take your money because they are scam companies.
Check with the Better Business Bureau before retaining any company.
We can call IRS today and start the release process! 1-866-700-1040
For your information, there are 3 requirements IRS must met before the levy can be issued:
1.That IRS has assessed the tax and sent you a Notice and Demand for Payment; many times this comes by certified mail.
2. The taxpayer has neglected or refused to pay the tax. this take place once you speak to IRS and you stated you could not pay the tax.
3.IRS has sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.
4.IRS may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested.
If you feel IRS has sent this levy in error or you just need to get a release, call Fresh Start Tax 1-866-700-1040
What Fresh Start Tax can do for you today:
- have former IRS Agents, Manager and Instructors immediately start to resolve your tax problem,
- immediately send a power of attorney to IRS so you will never have to contact the IRS. We know all the strategies!
- make sure you are taken off the IRS” enforcement action computer system immediately”
- adjust the tax liability to make sure you are paying the lowest amount possible
- file any tax returns that need to be filed and bring you current with the IRS
- settle the tax liability for the lower possible amount
- make sure IRS never takes your tax refund
- have the company with moral integrity, the highest BBB rating, fast, affordable, licensed in all 50 States, resolve your case.
by steve | Nov 4, 2010 | IRS Tax Advice
If you are looking for a true ” IN” with the IRS doesn’t it make sense to hire former IRS Agents, Managers and Instructors who know all the tax strategies. Fresh Start Tax 1-866-700-1040 is composed of such a team.
With 110 years of direct IRS experience. Be aggressive with the IRS. We are the highest rated by the BBB
If you owe IRS money on back taxes the IRS Collection Division will be sending you out a series of IRS Notices. If you want to appeal what the IRS Notices are saying on these back taxes you can choose to do the following.
Types of Appeals
Collection Appeals Program (CAP) is generally quick and available for a broad range of collection actions. However, you can’t go to court if you disagree with the Appeals decision.
Collection Due Process (CDP) is available if you receive one of the following notices:
Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC 6320 (Lien Notice), a Final Notice – Notice of Intent to Levy and Notice of Your Right to A Hearing, a Notice of Jeopardy Levy and Right of Appeal, a Notice of Levy on Your State Tax Refund – Notice of Your Right to a Hearing (Levy Notices), and a Notice of Levy and Notice of Your Right to a Hearing. If you disagree with the Appeals decision, you may be able to take your case to court.
An Offer in Compromise (OIC) is an agreement between the taxpayer and the government that settles a tax liability for payment of less than the full amount owed.
Trust Fund Recovery Penalty (TFRP)
If you are a person responsible for collecting/withholding, accounting for, and depositing or paying specified taxes including non-resident alien (NRA) withholding, employment or excises taxes, and willfully fail to do so, you can be held personally liable for a penalty equal to the full amount of the tax that was not paid, plus interest.
A responsible person for this purpose can be an owner or officer of a corporation, a partner, a sole proprietor, or an employee of any form of business. A trustee or agent with authority over the funds of the business can also be held responsible for the penalty.
The assessment of the trust fund recovery penalty is applicable to the following tax forms: CT-1, 720, 941, 943, 944, 945, 1042, and 8288.
Fresh Start Tax is one of the premier tax resolutions firms in the country. We deal with all types of civil cases including individuals, businesses, corporate and defunct corporations.
We have staff that specializes in every facet of the Internal Revenue Service.
We know all the IRS strategies. Some of our many specialties include the following:
- Immediate Tax Representation
- Offers in Compromise/Settlements
- Back Tax Relief
- Bank Garnishments or Tax Levies
- Wages Garnishments or Levies
- IRS Notices of Intent to Levy or Final Notices
- IRS Tax Audits
- Hardships Cases, Payment Plans
- Innocent Spouse
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Trust Fund Penalty Cases/ 6672
Our Company Resume:
- Our staff has over 110 years of professional tax representation experience
- On staff, Board Certified Tax Attorney’s, Certified Public Accountants, Enrolled Agents, Former IRS Manager, Instructor and Trainers
- Highest Rating by the Better Business Bureau ” A “
- Extremely ethical and moral principles used
- Fast, affordable, and economical
- Licensed to practice in ALL 50 States
- Premium on client communication
- National Recognized Veteran Former IRS Agent
- National Recognized Published Tax Expert
by steve | Nov 4, 2010 | IRS Tax Advice
Are you not happy with the results of a tax examination. Call Fresh Start Tax 1-866-700-1040.
We are a team of former IRS Agents, Managers and Instructors that have worked thousands of cases.
The process of the audit appeals
Small Case Appeals Request
You prepare a small case request instead of a written protest if the total amount for any one tax period is $25,000 or less.
1 .Send a letter requesting Appeals consideration.
2.Indicate the changes you do not agree with and the reason you don’t agree. Send in to the office that sent your your IRS notice.
For specific guidance in preparing a small case request/protest, refer to Form 12203, Request for Appeals Review.
Formal Written Protest to the IRS
Prepare a formal written protest for all of the following situations:
1. If the total amount for any one tax period is greater than $25,000.
2.Employee plan and exempt organization cases without regard to the dollar amount at issue.
3.Partnership and S corporation cases without regard to the dollar amount at issue.
To prepare a formal written request for Appeals you must:
1.Include your name, address, social security number, and daytime telephone number.
2.Include a statement that you want to appeal the IRS findings to the Appeals office.
3.Include a copy of the letter showing the proposed changes and findings you don’t agree with (or the date and symbols from the letter).
4.Indicate the tax periods or years involved.
5.List all the changes you do not agree with and why you don’t agree.
6.State the facts supporting your position on any issue that you do not agree with.
7.Cite the law or authority, if any, on which you are relying.
Sign all written protest under the penalties of perjury.
Fresh Start Tax is one of the premier tax resolutions firms in the country. We deal with all types of civil cases including individuals, businesses, corporate and defunct corporations. We have staff that specializes in every facet of the Internal Revenue Service. We know all the IRS strategies.
Some of our many specialties include the following:
- Immediate Tax Representation
- Offers in Compromise/Settlements
- Back Tax Relief
- Bank Garnishments or Tax Levies
- Wages Garnishments or Levies
- IRS Notices of Intent to Levy or Final Notices
- IRS Tax Audits
- Hardships Cases, Payment Plans
- Innocent Spouse
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Trust Fund Penalty Cases/ 6672
Our Company Resume:
- Our staff has over 110 years of professional tax representation experience
- On staff, Board Certified Tax Attorney’s, Certified Public Accounts, Enrolled Agents, Former IRS Manager, Instructor and Trainers
- Highest Rating by the Better Business Bureau ” A “
- Extremely ethical and moral principles used
- Fast, affordable, and economical
- Licensed to practice in ALL 50 States
- Premium on client communication
- National Recognized Veteran Former IRS Agent
- National Recognized Published Tax Expert
by steve | Nov 4, 2010 | IRS Tax Advice
Do you need to appeal your offer in compromise because the IRS rejected your case?
You have two options, you can appeal your offer in compromise or you can file another offer in compromise.
Offer in Compromise (OIC)
If you rreceived a letter notifying you that your offer was rejected you have 30 days to request an appeal of the decision.
You can request an Appeals conference by preparing either a Form 13711, Request for Appeal of Offer in Compromise, or a separate letter with the following information included:
1.Name, address, SSN, and daytime telephone number
2.A statement that you want to appeal the IRS findings to the Appeals office
3.A copy of your rejected offer letter
4.Tax period or years involved
5.A list of the specific items you don’t agree with and a statement of why you don’t agree with each item
6.Any additional information you want Appeals to consider
7. The facts supporting your position on any issue that you do not agree with
8.The law or authority, if any, on which you are relying
9.Sign the written protest, stating this it is true under the penalties of perjury
Fresh Start Tax is one of the premier tax resolutions firms in the country. We deal with all types of civil cases including individuals, businesses, corporate and defunct corporations. We have staff that specializes in every facet of the Internal Revenue Service.
We know all the IRS strategies. Some of our many specialties include the following
:
- Immediate Tax Representation
- Offers in Compromise/Settlements
- Back Tax Relief
- Bank Garnishments or Tax Levies
- Wages Garnishments or Levies
- IRS Notices of Intent to Levy or Final Notices
- IRS Tax Audits
- Hardships Cases, Payment Plans
- Innocent Spouse
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Trust Fund Penalty Cases/ 6672
Our Company Resume:
- Our staff has over 110 years of professional tax representation experience
- On staff, Board Certified Tax Attorney’s, Certified Public Accountants, Enrolled Agents, Former IRS Manager, Instructor and Trainers
- Highest Rating by the Better Business Bureau ” A “
- Extremely ethical and moral principles used
- Fast, affordable, and economical
- Licensed to practice in ALL 50 States
- Premium on client communication
- National Recognized Veteran Former IRS Agent
- National Recognized Published Tax Expert
