by Fresh Start Tax | Jun 18, 2012 | Back Taxes, Income Tax Preparation, Installment Agreements, IRS Tax Problem, Offer in Compromise, Representation, Tax Help, Tax Lawyer, Tax Returns
If you are a Ex Pat and you need to file your late, back, past due or unfiled tax returns call us today for a free tax consult and get rid of the worry you are dealing with.
We handle all contact with the IRS and you will never speak to them. We fully prepare all back income tax returns and work out a tax settlement if necessary.
Being comprised of Board Certified Tax Attorneys, CPA’s and Former IRS agents we have over 205 years of professional tax experience and over 60 years of working directly for the IRS in the local, district and regional offices of the IRS.
We can not only file all of your back returns we can settle all back tax debt should you owe money to the IRS.
What to do if you have not filed an Income Tax Return:
Among the various new requirements contained in IRC 877 and 877A, individuals that renounced their US citizenship or terminated their long-term resident status for tax purposes after June 3, 2004 are required to certify to the IRS that they have satisfied all federal tax requirements for the 5 years prior to expatriation.
If all federal tax requirements have not been satisfied for the 5 years prior to expatriation, even if the individual does not meet the monetary thresholds in IRC 877 or 877A, the individual will be subject to the IRC 877 and 877A expatriation tax provisions.
Individuals that have expatriated should file all tax returns that are due, regardless of whether or not full payment can be made with the return. Depending on an individual’s circumstances, a taxpayer filing late may qualify for a payment plan.
All payment plans require continued compliance with all filing and payment responsibilities after the plan is approved.
We handle and settle all FBAR cases with true experienced tax professional.
Call today and speak directly to a Tax Attorney. 1-866-700-1040
by Fresh Start Tax | Jun 18, 2012 | IRS Notice or Letter, IRS Tax Debt, IRS Tax Problem, Representation, Tax Help, Tax Lawyer, Tax News
Not All IRS Tax Assessments Are Valid!
Let former IRS Agents and Appeals agent determine whether the IRS has properly assessed your tax liability.
The validity if tax assessments or tax bills.
The IRS may be correct that you owe additional income taxes; but if the assessment was not made according to the Internal Revenue Code, the IRS is not authorized to collect it. The IRS does make mistakes in assessing taxes due to procedural errors on its part. Also, the IRS must make the assessment of the additional tax before the assessment statute has expired.
When the IRS determines that your income tax liability should be increased, the Internal Revenue Code requires that IRS assess the additional tax. The “assessment of tax” is the posting of the additional tax to your tax account for that specific tax year. The Internal Revenue Code provides various procedures for assessing taxes. The most common method for assessment is for the IRS to solicit from the taxpayer a signed Form 870 or Form 4549. After these signed forms have been received by the IRS, the IRS then has the authority to make the assessment of the additional tax against the taxpayer.
Another form that gives the IRS the authority to assess the additional tax is Form 870-AD, when a case is under the jurisdiction of the Appeals Division. The Form 870-AD becomes valid for the purpose to assess tax only after the taxpayer signs and the IRS executes (signs) the form. If the IRS makes the assessment based on Form 870-AD that has not been executed, the assessment is not valid.
The IRS can also make an assessment after the taxpayer signs a decision document and is properly signed by the IRS Area Counsel Attorney when the case is in docketed status before the Tax Court. Also there are specific periods of time that the assessment is prohibited and specific periods of time that the assessment can be made by the IRS. If the decision document is not properly signed by the IRS Area Counsel Attorney or the assessment is made during the period that the assessment is prohibited or after the assessment is allowed, then the assessment is not valid.
The least common method that authorizes the IRS to make an assessment is when the taxpayer signs Form 866 (Agreement as to Final Determination of Tax Liability). If the Form 866 is not executed by the proper IRS official (signed), the assessment is not valid.
It should be noted that if the taxpayer signs Form 906 (Determination Covering Specific Matters), the Form 906 by itself does not authorize the IRS to assess the additional tax attributable to the specific matters of the closing agreement. The IRS is still required to either solicit a signed agreement form such as an 870, 4549 or and 870-AD. Should the taxpayer refuse to sign any of these agreement forms, the IRS must then issue a Notice of Deficiency and should the taxpayer then file a petition to Tax Court, he would be precluded from contesting the issues found in the Form 906 in Tax Court.
When the taxpayer does not agree to a proposed assessment, the IRS issues a Notice of Deficiency (more commonly known as the 90 day letter) which authorizes the IRS to assess the additional tax after the expiration of the 90 day period, if the taxpayer does not petition Tax Court. An important fact to remember is if the IRS does not mail the Notice of Deficiency to the last known address, the assessment based on the defaulted Notice of Deficiency (that means that the taxpayer did not file a petition to Tax Court within the 90 day period) is not valid.
If the assessment is not valid, the IRS is required by law to reverse out the invalid assessment. It is up to you, to raise the issue with the IRS that the assessment is not valid. If the assessment statute has expired, the IRS will no longer be able to assess the additional tax. In the other hand, if the assessment statute is still open, then the IRS can properly assess the additional tax by soliciting an agreement form from the taxpayer or issue a Notice of Deficiency. The correct strategy is to raise the invalid assessment issue only after the assessment statute has expired; thus, the IRS would be precluded from assessing the increase in tax.
Let us at Fresh Start Tax review your case. Our experienced staff of former IRS Examiners and Appeals Officers will evaluate your case and determine whether you should raise the issue that the assessment is invalid and demand that the IRS reverse the invalid assessment.
Many assessments of tax attributable to the taxpayer’s flow through adjustments from partnerships are not valid due to procedural errors on the part of the IRS. The assessment of tax attributable to a taxpayer’s share of partnership items is a complex area of tax law that even the IRS makes many errors in its application.
Let Former IRS agents get you the tax relief you need on your back taxes.
Fresh Start Tax L.L.C. is one of the premier tax resolution firms in the country. We deal with all types of civil cases including individuals, businesses, non-profits, partnerships and corporations. We have staff that specialize in every facet of IRS Tax Representation.
We know all the IRS tax strategies because of our extensive IRS working backgrounds. We were Former IRS Certified Tax Instructors that taught IRS Tax Law in the IRS Regional Training Center. Some of our many specialties include the following:
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction if Tax Records are lost or destroyed
Our Company Resume: ( Since 1982 )
- Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A”
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE 90.3 FM Monthly Radio Show-Business Weekly
by Fresh Start Tax | Jun 4, 2012 | IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Representation, Tax Help, Tax Lawyer, Tax Returns, Tax Settlements, Uncategorized
Settling your IRS tax debt has just been made much easier through the new Fresh Start Program just launched by the Internal Revenue Service.
On May 21, 2012 the Internal Revenue Service announced another expansion of its “Fresh Start” initiative by offering much more flexible terms to its Offer in Compromise (OIC) program that will enable some of the most financially troubled taxpayers/businesses to clear up their IRS tax problems/issues and in many cases more quickly than in the past. This is one of the biggest changes ever by the IRS in regard to IRS tax debt.
The new announcement specifically targets on the financial analysis used to determine which taxpayers qualify for an Offer in Compromise or a tax debt settlement.
This announcement also enables some taxpayers to resolve their tax problems in as little as two years compared to four or five years or in some cases 10 years in the past.
In certain circumstances, the changes announced today include:
1. Revising the calculation for the taxpayer’s future income
.2 Allowing taxpayers to repay their student loans.
3. Allowing taxpayers to pay state and local delinquent taxes.
4. Expanding the Allowable Living Expense allowance category and amount.
An OIC ( Offer in Compromise ) is an agreement between a taxpayer and the IRS that settles the taxpayer’s IRS tax debt liabilities for less than the full amount owed. In many cases “pennies on a dollar’. The usually settlement is about $.014.
An OIC is generally not accepted if the IRS believes the liability can be paid in full as a lump sum or a through payment agreement. The IRS looks at the taxpayer’s two major assets:
1. all income including social security, disability income,
2. liquid assets including 401k and all pensions
to make a determination of the taxpayer’s reasonable collection potential.
Offers in Compromise are subject to acceptance on legal requirements and must be approved by 3 layers of IRS management.
The IRS finally recognizes that many taxpayers are still struggling to pay their debts and are underwater on there mortgages so the IRS has been working to put in place “common-sense changes” to the OIC program. This change is long over due.
When the IRS calculates a taxpayer’s reasonable collection potential, the Internal Revenue Service will now look at only one year of future income for offers paid in five or fewer months, down from four years, and two years of future income for offers paid in six to 24 months, down from five years. This is a huge change and will allow the taxpayers to reduce their IRS tax debt as far down as 75%.
Settling your IRS tax debt has really been made much easier starting today.
All offers in compromise must be fully paid within 24 months of the date the offer in compromise is accepted.
The new IRS Form 656-B, Offer in Compromise Booklet, and new IRS Form 656, Offer in Compromise, has been revised to reflect the changes.
Other changes to the program include narrowed parameters and clarification of when a dissipated asset will be included in the calculation of reasonable collection potential. In addition, equity in income producing assets generally will not be included in the calculation of reasonable collection potential for on-going businesses.
It is always best to make sure your offer in compromise or your tax debt settlement qualifies for a tax settlement in the first place.
Call the tax professionals at Fresh Start Tax LLC. We are comprised of Board Certified Tax Attorneys, CPA’s and Former IRS Agents and Managers.
We can also file all past due, late, or back tax returns. We are your firm for immediate and permanent tax relief on back taxes.
by Fresh Start Tax | May 4, 2012 | Back Taxes, IRS Notice or Letter, IRS Tax Debt, IRS Tax Problem, Representation, Tax Help, Tax Settlements
IRS Letter/Notice 1058 – Former IRS Agents – Insider Tips – Tax Relief on Back Taxes
Have Former IRS agents stop IRS today. Over 60 years with the IRS in the local, district and regional offices of the IRS.
Free tax consults 1-866-700-1040.
Have Former IRS Agents and Managers stop the IRS with the filing of a Collection Due Process, Right to Hearing and get you the time and settlement you need to go on with your life.
Stop the back tax problem with one phone call from a team member of Fresh Start Tax LLC. call 1-866-700-1040.
You can speak directly to the tax professionals handling your case.
We have worked and closed thousands of cases, IRS Letter/Notice 1058 since 1982. We are “A” rated by the BBB.
Call us for a free tax consult with a true tax professional. You will either speak to a Board Certified Tax Attorney, CPA or Former IRS Agents.
If you have just received a IRS Letter 1058 or LT- 11 this is a Final Notice from the Internal Revenue Service usually sent by certified mail. This Final Notice lets you know that you have not addressed your back taxes.
If you do not respond to this Letter/Notice 1058 the Internal Revenue Service has definitive plans to send out a bank levy, a wage levy sometimes called a wage garnishment and will probably file a Federal Tax Lien within 30 days from the date shown on the letter. You can stop this action by calling the IRS with a plan of action.
IRS will always send out a CP 504 letter/notice before the filing of the last and Final Notice, Form 1058 Collection due Process, Right to a Hearing Notice.
What to do when you receive this letter.
The first thing you always do is to take note of the final date allowed to contact the IRS.
You can either pay the balance you owe on your back taxes, or contact the IRS using the phone number on the notice to setup an IRS Installment Agreement, Payment Plan or have ask to have your case put into a tax hardship.
You will be required to fill out a form 433F which is a detailed IRS financial statement before IRS decides on how your tax case on your back taxes will be closed.
If you disagree with the Notice/Letter 1058 and you believe the notice is incorrect, you have the right to an appeal hearing. If you have sent prior letters those do not constitute a formal appeal.You must do so within your notice of appeal dates only.
Insider Tax Tips:
1. Always have a third party review your financial statement to make sure it makes sense before giving it to the Internal Revenue Service,
2. Make sure all your tax returns are filed before calling the IRS,
3. Make sure you have enough withholding being taken out or your ES payments are up to date.
4. If you are going to hire any firm make sure you use Former IRS Agents who know how the system works,
5. Be sure not to be ripped off. Check the BBB rating of any and all companies you may want to consider.
by Fresh Start Tax | May 2, 2012 | IRS Tax Debt, Representation, Tax Lawyer, Tax Levy and Wage Garnishments
What is the difference between a Federal Tax Lien and a IRS Levy? 1-866-700-1040
Get your Levy Released today.
This is one of the most common questions asked by our clients and taxpayers.
Being a Former IRS Agent I want to explain this is in very simple terms so everyone can understand the difference.
A IRS Tax Levy is an immediate seizure of assets. It is usually sent to a Bank or is put on a taxpayers wages. These are also called Bank Levy Garnishments or Wage Levy Garnishments. They are sent to banks and businesses on tax forms 668A, 668W.
A Bank Levy has special rules applied to the procedure. The day a Bank Levy is received by a Banking Institution the account is immediately frozen for the amount shown on the Tax Levy. Only those funds are frozen. Monies deposited after the levy are not effected by the Bank Levy or Tax Levy.
The bank MUST hold the frozen funds for 21 days before sending the money to the IRS. The IRS gives that 21 day grace period as a time for the taxpayer to get the bank levy released.
A Wage Levy or Wage Garnishment has a different feature.
After a business receives a levy the wages are immediately frozen and the employer must send the applicable proceeds to the IRS on the next scheduled pay period. There is no grace period.
As a general rule the taxpayer can keep around 10% that is exempt from the levy. IRS will send out a form that details the exact exempt amount.
IRS does not wish to levy. The hope is that the taxpayers call the IRS to work out or make a tax settlement to resolve the tax problem or tax situation.
Tax Levies can usually be released within one week sometimes even that day if we can get records from the taxpayer.
A Federal Tax Lien is a notice filed at the Public Courthouse in the area of your residence putting the public and creditors on notice you owe IRS taxes. It is not a seizure just a notice.
Anyone has access to public records and everyone can has access to your tax information.
Your credit score will be badly damaged as a result of a Federal Tax Lien. A Federal Tax Lien cannot be removed until it is paid in full or the statute of limitations runs. Other rules apply call us for more details.
IRS must file a Federal Tax lien if you owe over $5000.
If you need immediate tax relief from a federal tax levy or a federal tax lien call Fresh Start Tax LLC today. 1-866-700-1040. IRS Tax Debt Settlement Relief today.
On staff Tax Attorney’s, CPA’s and Former IRS Agents for professional tax representation.
What is the difference between to IRS Tax Levy and Tax Lien – Former IRS Agents/ Tax Attorneys – IRS Experts
by Fresh Start Tax | Apr 9, 2012 | IRS Payment Plans, Representation, Tax Help
How to Make Payments to the Internal Revenue Service
There are several different ways to pay your IRS tax liability. If you do not have the money at this time this is not a problem. We can solve all IRS tax problems.
Call us at Fresh Start Tax LLC 1-866-700-1040 and we can work out a tax settlement for you. We can get you tax relief.
For those of you who can or want to pay right now here are there different payment options you may want to consider:
1. You could pay by credit or debit card.
You can use all major cards (American Express, Discover, Master Card or Visa) to pay your federal taxes. For information on paying your taxes electronically, including by credit or debit card, go to www.irs.gov/e-pay or see the list of service providers below.IRS takes everything but barter.
There is no IRS fee for credit or debit card payments. If you are paying by credit card, the service providers charge a convenience fee based on the amount you are paying.
Should you chose to pay by by debit card, the service providers charge a flat fee of $3.89 to $3.95. Do not add the convenience fee or flat fee to your tax payment.
The processing companies are:
WorldPay US, Inc.:
To pay by credit or debit card: 888-9PAY-TAX (888-972-9829), www.payUSAtax.com
Official Payments Corporation:
To pay by credit or debit card: 888-UPAY-TAX (888-872-9829), www.officialpayments.com/fed
Link2Gov Corporation:
To pay by credit or debit card: 888-PAY-1040 (888-729-1040), www.pay1040.com
If you need additional time to pay call us to get any easy payment plan or installment agreement from the IRS.
We can get a nice easy payment plan for you today.
