Have you received LT 11, a Letter 1058 from the IRS? Hire Former IRS Agents to resolve your problem. We are the highest highest rated by the Better Business Bureau. We are tax experts in the field of tax controversy.
Some things you should know about the LT 11 or the 1058, Final Notice Question: What is the notice LT 11 telling me?
This notice is telling you that we intend to issue a levy against your bank accounts, wages or other assets because you still have a balance due on one of your tax accounts. It is also telling you that we will begin searching for other assets on which to issue a levy and that we may also file a Federal Tax Lien, if we have not already done so.
.Question: What do I have to do? Take action right away!
Pay the amount due as shown on the notice. Mail us your payment in the envelope we sent you. Include the bottom part of the notice to make sure we correctly credit your account. If you can’t pay the whole amount now, call us at the number printed at the top of the notice to see if you qualify for an installment agreement Call Fresh Start Tax 1-866-700-1040 so we can get you the best deal available. Question: How much time do I have before IRS enforcement action takes place
You should contact us or pay your balance due immediately. Enforcement action may be taken to collect that balance due 30 days after the date of this letter. Question: What happens if I don’t pay?
If you don’t pay or make arrangements to pay, we have several options available that we may use to collect the money. One option is to issue a levy against your state tax refund, wages, or bank accounts. Another option is for us to file a Notice of Federal Tax Lien. The lien gives us a legal claim to your property as security or payment for your tax debt. Question: Who should I contact? If you have any questions about the notice or wish to resolve your outstanding balance, call us at the number printed at the top of the notice.
If you do not want to handle this on your own call Fresh Start Tax. 1- 866-700-1040 Question: What if I don’t agree or have already taken corrective action?
If you do not agree with this notice, you have the right to an appeal. Call us immediately at the number printed at the top of the notice. We will do our best to help you. If you called us about this matter before, but we did not correct the problem, you may want to contact the Office of the Taxpayer Advocate. If you have already paid or arranged for an installment agreement, you should still call us at the number printed at the top of the notice to make sure your account reflects this.
Fresh Start Tax is one of the premier tax resolution firms in the country. We deal with all types of cases, individuals, business and high dollar corporate entities. We have a staff that specializes in every type of case. Some of our specialties include the following:
Immediate Tax Resolution and Representation
Offers in Compromise and Settlement
Back Taxes/ Unfiled or Never filed tax returns
Bank or Wage Levy Garnishments
Letters of Intent of Notice to Levy
IRS Tax Audits
Hardship, part pay agreements
State Sales Tax problems and Resolution
Our company resume:
Our staff has over 140 years of professional tax representation experience
On staff are Board Certified Tax Attorney’s, CPA’S, former IRS Agents, Managers and Instructors.
Former STATE Department of Revenue Manager and Instructor.
We are extremely moral and ethical in ALL our business dealings
We have the highest rating by the Better business Bureau
Purpose of Form: Use Form 843 to claim a refund or request an abatement of certain taxes, interest, penalties and additions to tax. Do not use Form 843 to request a refund of income tax or to amend a previously filed income tax return.
You cannot request an abatement of income, estate or gift taxes.
Use Form 843 to claim or request the following.
A refund of tax, other than a tax for which a different form must be used.
An abatement of tax, other than income, estate or gift tax.
A refund of excess social security or railroad retirement (RRTA) tax withheld by any one employer, but only if the employer will not adjust the over collection.
A refund of social security or Medicare taxes that were withheld in error. If you are a nonresident alien student, see Pub. 519 for specific instructions.
A refund of excess tier 2 RRTA tax when you had more than one railroad employer for the year and your total tier 2 RRTA tax withheld or paid for the year was more than the tier 2 limit. See the instructions for line 3.
A refund of employment taxes when you reported and paid more federal income tax on your employment tax return than you actually withheld from an employee.
A refund or abatement of interest, penalties, or additions to tax caused by certain IRS errors or delays, or certain erroneous written advice from the IRS.
A refund or abatement of a penalty or addition to tax due to reasonable cause or other reason (other than erroneous advice) allowed under the law.
A refund of the penalty imposed under section 6715 for misuse of dyed fuel.
If you received an IRS notice notifying you of a change to an item on your tax return, or that you owe interest, a penalty, or addition to tax, follow the instructions on the notice. You may not have to file Form 843. Do not use Form 843 when you must use a different tax form.
Use Form 1040X, Amended U.S. Individual Income Tax Return, to change any amounts reported on Form 1040, 1040A, 1040EZ, 1040EZ-T, 1040NR, or 1040NR-EZ, to change amounts previously adjusted by the IRS, or to make certain elections after the prescribed deadline.
Use Form 1120X, Amended U.S. Corporation Income Tax Return, to correct Form 1120 or 1120-A as originally filed, or as later adjusted by an amended return, a claim for refund, or an examination, or to make certain elections after the prescribed deadline (see Regulations sections 301.9100-1 through -3).
Use Form 720X, Amended Quarterly Federal Excise Tax Return, to make adjustments to liability reported on Forms 720 you have filed for previous quarters. Do not use Form 720X to make changes to claims made on Schedule C (Form 720), except for the section 4051(d) tire credit and section 6426 fuel credits.
Use Form 730, Monthly Tax Return for Wagers, to claim a credit or refund of wagering tax.
Use Form 4136, Credit for Federal Tax Paid on Fuels, to claim a credit against your income tax for certain nontaxable uses (or sales) of fuel during the income tax year. Also, use Form 4136 if you are a producer claiming a credit for alcohol fuel mixtures or bio-diesel mixtures. However, you can use Form 8849, Claim for Refund of Excise Taxes, to claim a periodic refund instead of waiting to claim an annual credit on Form 4136.
Use Form 8849, Claim for Refund of Excise Taxes, to claim a refund of excise taxes other than those resulting from adjustments to your reported liabilities. See IRS Publication 510, Excise Taxes, for the appropriate forms to use to claim excise tax refunds.
Use Form 8379, Injured Spouse Allocation, to claim your portion of a joint refund used to offset your spouse’s past due obligations.
Individuals, estates, and trusts filing within 1 year after the end of the year in which a claim of right adjustment under section 1341(b)(1), a net operating loss (NOL), a general business credit, or net section 1256 contracts loss arose, can use Form 1045, Application for Tentative Refund, to apply for a refund resulting from any overpayment of tax due to the claim of right adjustment or the carry-back of the loss or unused credit. Individuals also can get a refund by filing Form 1040X instead of Form 1045. An estate or trust can file an amended Form 1041, U.S. Income Tax Return for Estates and Trusts.
Corporations (other than S corporations) can use Form 1139, Corporation Application for Tentative Refund, to apply for a quick refund of taxes from an election to deduct a public utility property disaster loss under section 1400N(o), an overpayment of tax due to a claim of right adjustment under section 1341(b)(1), or the carry-back of an NOL, a net capital loss, or an unused general business credit. Separate Form for Each Period Generally, you must file a separate Form 843 for each tax period and each type of tax. There are exceptions for certain claims. See the instructions for line 5.
Who Can File
You can file Form 843 or your agent can file it for you. If your agent files Form 843, the original or copy of Form 2848, Power of Attorney and Declaration of Representative, must be attached. You must sign Form 2848 and authorize the representative to act on your behalf for the purposes of the request. See the Instructions for Form 2848 for more information.
If you are filing as a legal representative for a decedent whose return you filed, attach to Form 843 a statement that you filed the return and you are still acting as the representative. If you did not file the decedent’s return, attach certified copies of letters testamentary, letters of administration, or similar evidence to show your authority. File Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, with Form 843 if you are the legal representative of a decedent.
Where To File
If you are filing Form 843 in response to an IRS notice, send it to the address shown in the notice. Otherwise, file Form 843 with the service center where you would be required to file a current tax return for the tax to which your claim or request relates. For more information, see the most recent instructions for that tax return.
Penalty for Erroneous Claim for Refund
If you claim an excessive amount of tax refund or credit relating to income tax (other than a claim relating to the earned income credit), you may be liable for a penalty of 20% of the amount that is determined to be excessive. An excessive amount is the amount of the claim for refund or credit that is more than the amount of claim allowable for the tax year. The penalty may be waived if you can show that you had a reasonable basis for making the claim.
Paid Tax Return Preparer
A paid tax return preparer who files Form 843 for you must sign the form and fill in the identifying information at the bottom of the form. The tax preparer must give you a copy of the completed Form 843 for your records. These rules apply to claims related to income taxes, employment taxes, estate and gift taxes and other types of taxes.
Fresh Start Tax is comprised of Former IRS Agents, Managers and Instructors. The staff also includes CPA’S, tax attorneys and former Managers with the Department of Revenue. Our company are experts in the field of tax and tax resolution. We are licensed to practice in all 50 States. We are fast, affordable and put a premium on communication with our client. Our firm has the highest rating given out by the Better Business Bureau. We have a combined 140 years Federal and State experience.
Do you need a 990 tax return prepared. You should call former IRS Agents, former IRS Managers and former IRS Instructors. Fresh Start Tax is comprised of individuals who have the expertise required to complete the 990 tax forms you need to fill out. We also provide guidance for the future. We have the highest BBB rating and its staff have served South Florida for the past 28 years.
Form 990 requires a tax professional who understands 501(c)(3) issues. Call Fresh Start Tax today, 1-866-700-1040. There are different types of 990’s to fill out for the IRS. Who must file it?
Most 501(c)(3) organizations must file some version of Form 990 with the IRS every year*. Prior to 2007, organizations that normally average** less than $25,000 in gross revenue were not required to file. The chart below shows the filing thresholds (2008):
Form 990-N: Gross revenue < $25,000
Form 990EZ: Gross revenue => $25,000, but < $1,000,000
Form 990: Gross revenue => $1,000,000
Form 990PF: Required of all private foundations, regardless of revenue.
Frequently Asked Question
What are my filing responsibilities once I receive/apply for my tax-exempt status?
An organization that normally has $25,000 or more in gross receipts and that is required to file an exempt organization information return must file either Form 990, Return of Organization Exempt from Income Tax, or Form 990-EZ, Short Form Return of Organization Exempt from Income Tax. See Filing Phase-In for more information about which return to file. The return is due on the 15th day of the 5th month after the end of the organization’s fiscal year. (For example, the 2008 return of an organization whose fiscal year ends on June 30, 2009, would be November 15, 2009.) The due date may be extended for three months, without showing cause, by filing Form 8868 before the due date; an additional three-month extension may be requested on Form 8868 if the organization shows reasonable cause why the return cannot be filed by the extended due date. Small organizations – those whose annual gross receipts are normally less than $25,000 – are not required to file an annual return, but may be required to file an annual electronic notice – e-Postcard. Fresh Start Tax is one of the premier tax resolution firms in the country. We deal with all types of cases, individuals, business and high dollar corporate entities. We have a staff that specializes in every type of case. Some of our specialties include the following: 990 Tax specialist
Immediate Tax Resolution and Representation
Offers in Compromise and Settlement
Back Taxes/ Unfiled or Never filed tax returns
Bank or Wage Levy Garnishments
Letters of Intent of Notice to Levy
IRS Tax Audits
Hardship, part pay agreements
State Sales Tax problems and Resolution
Our company resume:
Our staff has over 140 years of professional tax representation experience
On staff are Board Certified Tax Attorney’s, CPA’S, former IRS Agents, Managers and Instructors.
Former STATE Department of Revenue Manager and Instructor.
We are extremely moral and ethical in ALL our business dealings
We have the highest rating by the Better business Bureau
IRS has been granting many more innocent spouse claims. The new laws past a few years back makes relief much easier as along as the factors are present. Before filing any claim for innocent spouse relief, make sure you meet the following guidelines. So, what Factors are considered in determining whether or not to grant equitable relief? The following factors may be considered, but the list is not all-inclusive:
Current marital status
Abuse experienced during the marriage
Reasonable belief of the requesting spouse, at the time he or she signed the return, that the tax was going to be paid; or in the case of an understatement, whether the requesting spouse had knowledge or reason to know of the understatement
Current financial hardship/inability to pay basic living expenses
Spouses’ legal obligation to pay the tax liability pursuant to a divorce decree or agreement to pay the liability
To whom the liability is attributable
Significant benefit received by the requesting spouse
Mental or physical health of the requesting spouse on the date the requesting spouse signed the return or at the time the requesting spouse requested the relief
Compliance with income tax laws following the taxable year or years to which the request for relief relates
Fresh Start Tax is one of the premier tax resolution firms in the country. We deal with all types of cases, individuals, business and high dollar corporate entities. We have a staff that specializes in every type of case. Some of our specialties include the following:
Immediate Tax Resolution and Representation
Offers in Compromise and Settlement
Back Taxes/ Unfiled or Never filed tax returns
Bank or Wage Levy Garnishments
Letters of Intent of Notice to Levy
IRS Tax Audits
Hardship, part pay agreements
State Sales Tax problems and Resolution
Our company resume:
Our staff has over 140 years of professional tax representation experience
On staff are Board Certified Tax Attorney’s, CPA’S, former IRS Agents, Managers and Instructors.
Former STATE Department of Revenue Manager and Instructor.
We are extremely moral and ethical in ALL our business dealings
We have the highest rating by the Better Business Bureau
The Internal Revenue Service Collection Due Process Hearing ( CDP ) The Collection Due Process hearing process begins when there is a :
1. Notice of Federal Tax Lien and Your Right to a Hearing Under IRC 6320
2. Final Notice – Notice of Intent to Levy and Your Right to a Hearing
3. Notice of Jeopardy Levy and Right of Appeal
4. Notice of Levy on Your State Tax Refund
A Collection Due Process hearing allows the taxpayer or his/ her representative to present their objection to the Internal Revenue Services proposed action that is ready to take place.. At the hearing the taxpayer can present a proposed a resolution to a tax problem/debt such as an Installment Agreement, payment agreement Offer in Compromise, or Currently Not Collectible Status.
A taxpayer has only 30 days from the date of the IRS notice to file an Appeal. Once the 30-day window expire, the right to file for a CDP 12153, hearing is gone.
If a taxpayer wants to take their issue to U.S. Tax Court they are generally required to follow the Collection due Process procedures. The Internal Revenue Service Equivalent Hearing
An Equivalent Hearing is very similar in part to a Collection due Process hearing. However there are some differences:
1. You can request for an” Equivalent Hearing
2. The IRS will continue collection efforts while an Equivalent Hearing is in progress; and
3. A taxpayer cannot move forward to United States Tax Court if the appeals decision is adverse to the taxpayer.
The IRS Collection Appeal Process ( CAP )
The Collection Appeal Process is much broader that the Collection Due Process in terms of when the procedure is available. Unlike a CDP hearing, if a taxpayer is not successful, the IRS decision will generally stand and the taxpayer cannot continue the fight in U.S. Tax Court. In addition, a taxpayer cannot under any circumstance dispute the existence or amount of a tax debt. The events that begin this process are;
1. Notice of Federal Tax Lien (NFTL )
2. Notice of Levy 668A, 668W
3. Seizure of Property
4. Denial of Request to Have Seized Property Returned
5. Rejection of Termination of an Installment Agreement, Part Pay Agreement
For the taxpayer to appeal through the Collection Appeals Process, a taxpayer must make an attempt to resolve their tax issue with an IRS manager. If a taxpayer’s issue is still not resolved after speaking or corresponding with an IRS manager, the taxpayer may submit a request for an appeal using Form 9423 Collection Appeal Request.
Fresh Start Tax is one of the premier tax resolution firms in the country. We deal with all types of cases, individuals, business and high dollar corporate entities. We have a staff that specializes in every type of case. Some of our specialties include the following:
Immediate Tax Resolution and Representation
Offers in Compromise and Settlement
Back Taxes/ Unfiled or Never filed tax returns
Bank or Wage Levy Garnishments
Letters of Intent of Notice to Levy
IRS Tax Audits
Hardship, part pay agreements
State Sales Tax problems and Resolution
Our company resume:
Our staff has over 140 years of professional tax representation experience
On staff are Board Certified Tax Attorney’s, CPA’S, former IRS Agents, Managers and Instructors.
Former STATE Department of Revenue Manager and Instructor.
We are extremely moral and ethical in ALL our business dealings
We have the highest rating by the Better business Bureau
Over 42% of all taxpayers who try to settle their debt through the offer in compromise program were accepted by the Internal Revenue Service. They settled their debt for pennies on the dollar.
Before you go off trying to set settle your debt for pennies on a dollar there is a very specific pre-qualifier tool that you should walk shoot through to make sure you are an eligible candidate for the settlement.
When you call our office today we will review your case and give you a free initial tax consultation.
Do you want to settle for “pennies on a dollar”. Call Fresh Start Tax 1-866-700-1040.
We are former IRS Agents who have processed hundreds of these cases and actually worked the taught the Offer in Compromise program while employed at the IRS.
We are the highest rated BBB company. We are tax experts in this field.
Before saying YES, lets file an offer, Fresh Start Tax reviews each case to make sure you qualify for the program.
There are other options available in case the Offer in Compromise program is not for you.
What You Must Know Before You File an Offer in Compromise
What is an Offer In Compromise?
1 . Do You Qualify for an Offer in Compromise?
2. How to File an Offer in Compromise
All Taxpayers Do Not Qualify for an Offer in Compromise. Check with us first. Pay no one unless you know you qualify
Absent special circumstances, if you have the ability to fully pay your tax liability in a lump sum or via an installment agreement, an offer in compromise will not be accepted by IRS
Offer in Compromise Payments are Non-refundable
The IRS considers the 20 percent payment for a lump sum offer and any periodic payments as “payments on tax” and are not refundable, regardless of whether the offer is declared not-processable or is later returned, withdrawn, rejected or terminated by the IRS.
Most offers require a deposit of 20% of the offered amount.
Federal Tax Liens are Not Released until the Offer in Compromise is fully satisfied.
If there is a Notice of Federal Tax Lien on record prior to acceptance of the offer, the lien is not released until the OIC terms are satisfied or until the liability is paid, whichever comes first. A Notice of Federal Tax Lien may be filed during the course of the OIC investigation.Most of the time, the Federal Tax Lien has already been filed. Refunds on tax returns
The IRS will keep any refund, including interest due, because of a overpayment of any tax or other liability, for tax periods extending through the calendar year the IRS accepts the OIC.
There is one exception to this rule: Offers submitted under the basis of doubt as to liability do not qualify here.
Federal Tax Levies 668A, 688W
The IRS will keep all payments and credits made, received or applied to the total original tax liability before the OIC was submitted. The IRS may also keep any proceeds from a levy that was served prior to the submission of an OIC, but which were not received at the time the OIC was submitted. Statutory Period for Collection Suspended
The statutory period for collection is suspended during the period that the OIC is under consideration and is further suspended if the Offer in Compromise is rejected by the IRS and you appeal the rejection. Five Year Compliance is mandatory if IRS accepts the Offer.
If your offer is accepted, you must timely file all tax returns and timely pay all tax for five years or until the offered amount is paid in full, whichever period is longer. Failure to adhere to these terms will result in default of the offer and the IRS may then collect the amounts originally owed plus penalties and interest. OIC Payment and Application Fee Exceptions Application Fee maybe waived
If you qualify for a low-income exception waiver or you submit a doubt as to liability offer you are exempt from the $150 application fee and any OIC payments due upon submission of the OIC or during the course of the investigation. The low-income waiver does not apply to businesses. Appeal any rejection
If your OIC is rejected, you will have the opportunity to file an appeal which will be heard by the IRS Office of Appeals. There are no appeal rights associated with offers that are returned, withdrawn or terminated.
Approved Installment Agreement
If you have an approved installment agreement and submit a periodic payment offer, you are not required to continue to make the installment agreement payments while the offer is being investigated. You will, however, be required to make the OIC periodic payments as they become due. Offers open to Public Inspection
The law requires the IRS to make certain information from accepted Offers in Compromise available for public inspection and review.
These public inspection file locations are located in designated IRS Area Offices.
The Plantation IRS Office is one of these areas.
