by Fresh Start Tax | Nov 7, 2012 | IRS Tax Debt, Tax Help, Tax Lawyer, Tax Relief, Tax Settlements
Last year 56,000 offers in compromise/tax debt settlements were filed with the IRS and 27% were accepted. Most of those that were accepted were filed through professional tax firms.
With the advent of the NEW Fresh Start Program, the filing of Tax Debt Settlements will go through the roof. The back log right now is at 7,700.
I am a Former IRS Agent and Teaching Instructor with the IRS.
I have reviewed hundred and hundreds of offers in compromise while working at the IRS. Being in private practice for over 27 years I have seen the results of many failed offers in compromise due to the pure lack of understanding about the program itself.
With the new Fresh Start Program, the IRS is finally trying to help struggling taxpayers. The attitude prior to the new program was “deny the offer.” Because Offers in Compromise or Tax Debt Settlements take so long to work and they get reviewed by supervisors, the typical IRS Agent would reject the offer and any grounds. The taxpayer not knowing better would quit the process. The IRS lost billions of dollars in revenue because it failed to properly facilitate the program.
With the inception of the the new Fresh Start Program hopes are high that the taxpayers burdened by tax debt will be able to finally settle there cases.
As a side note.
Do not submit your offer in compromise unless a tax professional pre-qualifies the offer. You will be wasting your time and lots of money unless you know you got a good chance of acceptance. We will not submit an IRS tax debt Settlement at Fresh Start Tax LLC unless there is an excellent chance of acceptance. 1-866-700-1040.
Much is written about Offers in Compromise, but follow these tax offer tips and you will have a significant chance of the IRS accepting your tax debt settlement
Throughout the course of our representation for hundreds of clients, we find ourselves engaged in conversations with the IRS Agents who run the offer program in Holtsville, New York and other District and Regional Office. We queried many of them.
We would ask, “Why are most offers returned or rejected?”
Here are some points the IRS offer specialist agent made:
A. Most taxpayers simply do not understand the concept of the offer. They submit an offer in compromise or a tax debt settlement simply because the program is available, having no idea of the assets and income requirement. Partial blame is geared towards false advertising to be the cause of these rejections. “Pennies on the dollar” has caused a frenzy of “everybody can settle.” IRS has strict qualification rules.
B. Believe it or not, many individuals only have one spouse sign the offer when both spouses are required to sign. As a result the offer must be reject by the IRS.
C. Many taxpayers do not send in the 20% of the offer required along with the Offer in Compromise. Some offers require the 20% payment down with the OIC. If the IRS technician sees the 20% is not attached, they simply return the Offer in Compromise.
D. A number of taxpayers fill out the form 656 incorrectly. The 656 is a legally binding document. If it is all not filled out correctly, the IRS must return the Offer in Compromise. All required blocks must be appropriately completed.
E. Some do not apply the income and expense formulas correctly. Different offers require different formulas. Some use a 48 multiplier and some use a 60 multiplier. Therefore the offer calculations are incorrect and the offer cannot be processed. This is the most common error.
F. On periodic offers, some individuals only send in one periodic payment and fail to comply after the offer in compromise has been submitted. Periodic offers in compromise require the taxpayers to make continued payments until the offer is work and accepted. The IRS simply rejects the offer at this point.
G. Some individuals have filed for bankruptcy and the IRS cannot work the Offer in Compromise.
H. Some of the taxpayers did add the values of all their assets. The IRS technician stated that many did not include IRA or pension monies because taxpayers thought they were excluded.
I. The 433 OIC is a very complicated form to complete. With that said the Offers were rejected because the Financial statements were inaccurate and did not make sense.
J. Many taxpayers simply did not calculate the correct math for acceptance. Those that submitted the 433B did not explain the carry overs to the 433A properly.
Understanding the process of a IRS Tax Debt Settlement
While your offer is being evaluated:
a. Your non-refundable payments and fees will be applied to the tax liability (you may designate payments to a specific tax year and tax debt);
b. A Notice of Federal Tax Lien may be filed;
c. Other collection activities are suspended;
d. The legal assessment and collection period is extended;
e. Make all required payments associated with your offer;
f. You are not required to make payments on an existing installment agreement; and
g. Your offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.
All accepted offers are a matter of public record and can be inspected in the Regional Office of the IRS. Appointment can be made to view those accepted cases.
Call us today for a free tax consult. 1-866-700-1040
IRS Tax Debt Settlement -Tax Attorneys, Lawyers – Get your Offer in Compromise Accepted
by Fresh Start Tax | Nov 6, 2012 | California Tax, Offer in Compromise, Representation, Tax Help, Tax Lawyer, Tax Lien, Tax Settlements
Mr. Sullivan is a Former IRS Agent and Teaching Instructor with the Internal Revenue Service.
He not only worked the IRS Tax Debt Settlement Program called the Offer in Compromise he was a Instructor that taught the Program to new IRS agents in the local, district and regional offices of the IRS.
Fresh Start Tax L.L.C. is comprised of Board Certified Tax Attorneys, Tax Lawyers, CPA’s and Former IRS agents.
We have over 206 years of total tax experience and over 60 years of direct work experience with the IRS.
Fresh Start Tax L.L.C. Local California Office
1901 Newport Boulevard
Suite 350
Costa Mesa, CA 92627
866-700-1040
In days past it was almost impossible to get an offer in compromise through to the IRS. IRS Tax Debt Settlement practice was almost obscure because IRS did not want to work the IRS Settlement Program. Thousands of Offers should have been accepted but due to the stubbornness of the IRS it lost millions of dollars in revenue because it failed to help suffering and struggling taxpayers.
The amount of work that goes into an accepted offer in compromise can be upward to 20 hours. It is far easier for an Agent to reject the offer than go through the task of accepting one. They are reviewed and approved to death.
Most practitioners would not even file Offers or tax settlements. The ones that did for the most part were preying on taxpayers claiming pennies on a dollar. Not all companies were part of this but it was sickening to see taxpayers paying thousands of dollars when they really never had a chance of getting a tax settlement given the financial facts of their cases.
The IRS would fight you on everything and the extent of the detail they wanted was outrageous.
With the Feds needing money and money in a hurry it finally decided to start settling back tax cases in which it would get instant dollars into the system.
The Commissioner and the powers to be came up with real guidelines that would help these struggling taxpayers final get some badly needed tax relief in the form of true pennies on a dollars settlement.
There are about 55,000 offers in compromise filed each and every year with about 25% of those offers be accepted. The average settlement on each case is about 14 cents on a dollar.
The New IRS Fresh Start Program is allowing taxpayers to settle there tax debt.
The Press Release sent out by the IRS called the Fresh Start Program. See modified version below.
In its latest effort to help struggling taxpayers, the Internal Revenue Service announced a series of new steps to help people get a Fresh Start with their tax liabilities and back tax debts.
The goal of the IRS is to help individuals and small businesses meet their tax obligations, without adding unnecessary burden to taxpayers.
Understand the process the settlement or offer practice.
While your offer or settlement is being evaluated it is important to know what will, take place:
a. Your non-refundable payments and fees will be applied to the tax liability (you may designate payments to a specific tax year and tax debt);
b. A Notice of Federal Tax Lien may be filed;
c. Other collection activities are suspended;
d. The legal assessment and collection period is extended;
e. Make all required payments associated with your offer;
f. You are not required to make payments on an existing installment agreement; and
g. Your offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.
The New Federal Tax Lien Policy
The IRS is announcing new policies and programs to help taxpayers pay back taxes and avoid the filing of the Federal Tax Liens. this alone is a cause for great joy because the filing of a federal tax lien will crush the credit of a business and or an individual.
The IRS is making fundamental changes to our federal lien system and other collection tools that will help taxpayers and give them a fresh start, “These steps are good for people facing tough times, and they reflect a responsible approach for the tax system.”
IRS making important changes to its federal tax lien filing practices.
The changes include:
a. Significantly increasing the dollar threshold when liens are generally issued, resulting in fewer tax liens.
b. Making it easier for taxpayers to obtain lien withdrawals after paying a tax bill.
c. Withdrawing liens in most cases where a taxpayer enters into a Direct Debit Installment Agreement.
d. Creating easier access to Installment Agreements for more struggling small businesses.
e. Expanding a streamlined Offer in Compromise program to cover more taxpayers.
Call us to see if you qualify for an offer in compromise. Do not file an offer unless you qualify. Free consultations, 1-866-700-1040.
by Fresh Start Tax | Nov 5, 2012 | California Tax, Representation, Sales Tax, Tax Help, Tax Relief, Tax Settlements
Tax Relief – Help Settle IRS Tax Problem – Local Tax Firm California
If you are going through IRS or State Tax Problems or Issues call Fresh Start Tax L.L.C. 1-866-700-1040.
We are a local tax firm that resolve your IRS or State Tax Issues or Tax Problems. We can help resolve your tax debt once and for all.
Stop the worry now! Get tax relief today.
Fresh Start Tax
1901 Newport Boulevard
Suite 350
Costa Mesa, CA 92627
866-700-1040
We are comprised of Tax Attorneys, Tax Lawyers, CPA’s, Enrolled Agents and Former IRS Agents, Managers, Appeals Agents and Instructors.
With over 206 years of professional tax experience and 60 years of direct IRS work experience in the local, district and regional offices.
IRS has different options in dealing with those taxpayers that have tax debt.
How we can get your tax relief to Settle and Negotiate your case with the Internal Revenue Service or the State of California:
1. Fresh Start Tax LLC will immediately send a power of attorney to the IRS or State of California letting them know we are now your tax representative.
You will never have to speak to the IRS or the State. We handle all tax correspondence. You can stop the sorry today.
2. Fresh Start Tax LLC will make sure all your tax returns are filed and current. If your tax returns are not up to date, the IRS will refuse to work your case. This is leverage that they use to get you compliant with tax laws.They can opt to file tax levies and tax liens.
We will pull your tax transcripts, file and prepare your tax returns within days, even if you have lost your tax records. We have reconstructed thousands of back tax returns to get taxpayers the tax relief they need.
3. The IRS will requires a current financial statement. We will secure a required 433-A (IRS financial statement) or a 433F that will verify the income and expenses and work out a settlement agreement.
The IRS will require a closing settlement method for each case. This will take the case off of the CADE 2 enforcement computer.
4. Fresh Start Tax LLC will review with our clients how they want to settle their case.
We get our clients tax relief with a agreement based on their current financial needs.
IRS Tax Settlement Agreements can be in different forms:
a. Hardship Settlements.
Tax cases usually go into a 3 year suspended status because of an inability to pay. This is also called currently noncollectable. Your case will go into a hardship status because you do not have the income coming in to meet your current expenses. The IRS will use the National Standards Program to assess hardship. This is also called an Economic Hardship. They are millions of cases right now in Hardship Status.
b. Payment Agreements.
Open IRS Collection Cases can be closed with agreed upon monthly installment payments to the IRS. We will review the different programs the IRS uses for the lowest possible amount required. We can get your life back to normal.
c. IRS Offer in Compromise. There are three types of OICs:
The IRS may accept an Offer in Compromise based on three grounds:
1. Doubt as to Collectibility.
Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
2. Doubt as to Liability.
A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include:(1) the examiner made a mistake interpreting the law,(2) the examiner failed to consider the taxpayer’s evidence or(3) the taxpayer has new evidence.
3. Effective Tax Administration or Exceptional Circumstances.
There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.
Call us today and get experienced, honest and affordable IRS Tax Relief from the IRS or the State. 1-866-700-1040.
by Fresh Start Tax | Nov 5, 2012 | Back Taxes, Representation, Tax Audit, Tax Settlements
IRS Taxes – Owe, File Back Tax Returns, Tax Audit, Settlements
Stop the worry today, let our years of experience work for you.
Let Former IRS agents resolve your tax issues! Our 60 years of IRS experience can be your best friend.
We are friendly and affordable. A plus rated by the Better Business Bureau.
If you are having back IRS tax issues or problems call us today to contact a true tax professional that can completely and permanently resolve your IRS problem and tax issues.
Local Tax Experts.
Fresh Start Tax – 1901 Newport Boulevard
Suite 350
Costa Mesa, CA 92627
866-700-1040
You will speak directly to a Tax Attorneys, Tax Lawyers, CPA’s, Enrolled Agents or Former IRS Agents, Managers and Instructors.
With over 206 years of IRS expereince and over 60 years of working directly for the IRS in the local, district and regional office we can fully stop the IRS today.
Owing Back Taxes, Filing Back Tax Returns, Tax Audit
IRS is pretty straight forward if you owe back taxes. The IRS will take a IRS financial statement to determine how your case will be closed. The IRS form of choice if the 433 A or the 433F. The form choice that is used by the IRS is solely determined on who at the IRS is working your case.
The ASC Unit will use the 433F and the local office will use the longer 433A.
You will have to make sure you fully document the form so make sure you fill out a accurate financial form. you will sign this form under penalties of perjury. Being a Former IRS Agent, I would recommend any taxpayer have a true professional give IRS the financial statement. Usually a true tax pro can get you the result you need.
Filing Back Tax Returns.
We find many taxpayers who owe back taxes have past due returns to file.
We can file all your back taxes with little or no tax records. We pull up an income transcript that is available to tax practitioners and use that as a basis to start your back return preparation. We can file back returns quickly so do not be discouraged if you do not have your tax records. If you are going to owe tax, we can work out a tax settlement.
IRS Tax Audit.
We have many former IRS Agents on staff who worked in the Audit/Appeals Division of the IRS.
We have former agents, managers and appeals agents. We can handle any tax audit and appeals that you may have. IRS Tax Audits are very lengthy. If your tax return is 100% accurate we encourage you to go in to the IRS by yourself, however if your tax return has questionable issues the last thing you want to do is to walk in to the IRS agent without a tax representation. We can review your return for no charge and offer an opinion.
Tax Debt Settlements
An offer in compromise or a tax debt settlement allows you to settle your tax debt for less than the full amount you owe.
It may be a legitimate option if you cannot pay your full tax liability, or doing so creates a financial hardship.
After IRS reviews a 433OIC the settlement offer form, IRS will also consider your unique set of facts and circumstances including your
a. Ability to pay;
b. Income;
c. Expenses; and
d. Asset equity.
IRS can generally approve an offer in compromise or Tax debt settlements when the amount offered represents the most the IRS can expect to collect within a reasonable period of time.
The Internal Revenue Service will also explore all other payment options before accepting a offer in compromise.
The Offer in Compromise program is not for everyone. IRS accepts about 15,000 tax debt settlements a year nation wide.
If you hire a tax professional to help you file an offer, be sure to check his or her qualifications.
Call us today 1-866-700-1040 for a free tax review of your case.
IRS Taxes – Owe, File Back Tax Returns, Tax Audit, Debt Settlements – Costa Mesa, Long Beach, Anaheim, Glendale, Santa Ana, Orange, Irvine, Newport – IRS Tax Experts
by Fresh Start Tax | Nov 5, 2012 | Back Taxes, IRS Notice or Letter, IRS Tax Debt, IRS Tax Problem, Tax Help, Tax Settlements
Mr. Sullivan is a tax resolution expert. He is a Former IRS Agent and a Teaching Instructor with the Internal Revenue Service.
His firm Fresh Start Tax LLC 1-866-700-1040 is comprised of Board Certified Tax Attorneys, CPA’s and other Former IRS Agents, Managers and Instructors.
If you want to make sure you qualify for the Current non Collectable Program ( Economic Hardship, CNC ) if you cannot pay the IRS, it is best to check with a true tax professional. This can completely change your life. It will certainly help you for a season in time.
Economic Hardship- Cannot Pay the IRS Back Taxes
As a Former IRS agent I can tell you there is a program within the IRS-IRM that allows taxpayers who cannot pay there tax bills at the present time, the program is called Economic Hardship. It is obvious why the IRS does not publicize the program, everyone in the world would want there case placed in this file.
To qualify for the Program the taxpayer will have to produce a IRS financial statement. You can find those forms on our home page website under IRS Forms.
Depending where your case is in the IRS computer system you will have to provide a Form 433A ( used by local offices and Revenue Officers ) or the 433F which is used by the ASC Units while the taxpayer is still in letter or notice status.
The Financial Statement must be completely filled in and have all relative documents attached to provide support to the fact you cannot pay the bill on back taxes you owe.
It should be noted that these cases are also call Current Non Collectable or CNC as it is known in the business.
This is not a forever thing. It is also critical to know that these cases go in to this status for a season in time. IRS reviews these cases from time to time.
When the IRS determines to put your case in Hardship Status, few persons know how and why these cases come back out to the field or back into the IRS collection system. Having been a former IRS Agent, I had placed hundreds of cases in the currently non collectible status.
These IRS tax cases Hardship, current not Collectable ) come back out to the ASC Unit or the IRS field office because of only three reasons:
1. The closing Revenue Officer working the case places a mandatory follow-up date on the file. Each Revenue Officer is different. They get a feel for the case based on the financial statement and the asset check that was made during the course of the investigation. Sometimes it is a hunch, other times you get a feel that income may increase at a given time. This mandatory follow-up date is strictly up to the reviewing Revenue Officer.
The manager has the last say on the closing code however most of the time it is left up to the discretion of the RO.
2. A certain closing code is placed on the back taxes case. If the Revenue Officer does not mandate a certain follow-up date, a closing code based on AGI is put on the case. For example, let’s say the closing code is 50.
This means is when the taxpayer reaches $50,000 in a AGI (adjusted gross income), the case will trigger back to the field. Once again, each Revenue Officer makes their own decision.
3. The statute is about to expire. Certain cases will trigger because the ten year statute of limitation on these back taxes is about to expire. These back tax cases usually come out 1 year before the 10 year statute. These are usually large dollar cases.Small cases usually do not get much attention.
The only other way a case may come back to the field is because a Congressional inquiry was made.
The IRS Definition of Economic Hardship
A IRS Economic Hardship ( Cannot Pay the IRS ) occurs when a taxpayer is unable to pay reasonable basic living expenses.
The determination of a reasonable amount for basic living expenses will be made by the IRS Commissioner and will vary according to the unique circumstances of the individual taxpayer. Unique circumstances, however, do not include the maintenance of an affluent or luxurious standard of living.
IRS has a National and Regional Tests
IRS will review your 433A or 433F and compare it to the National or Regional Standards. You must fall within the guideline of the established guideline by your case will be considered for Cannot Pay or an Economic Hardship.
What are the National Standards.
National Standards: Food, Clothing and Other Items
National Standards have been established for five necessary expenses:
1.food,
2. housekeeping supplies,
3.apparel and services,
4. personal care products and services,
5.and miscellaneous.
The National Standard for Food, Clothing and Other Items includes an amount for miscellaneous expenses. This miscellaneous allowance is for expenses taxpayers may incur that are not included in any other allowable living expense items, or for any portion of expenses that exceed the Collection Financial Standards and are not allowed under a deviation.
The standards are derived from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey (CES).
The survey collects information from the Nation’s households and families on their buying habits (expenditures), income and household characteristics.
IRS also has standards for Housing and Utilities Expenses and also for vehicle and operating costs. See our homepage toolbar, IRS forms.
What the IRS has done to help taxpayers with current Hardships
a. Added Flexibility for Missed Payments.
The IRS is allowing more flexibility for individuals with existing Installment Agreements who have difficulty making payments because of a job loss or other financial hardship. Depending on the situation, the IRS may allow a skipped payment or a reduced monthly payment amount. Taxpayers in this situation should contact the IRS.
b. Additional Review for Offers in Compromise on Home Values.
An Offer in Compromise (OIC), an agreement between a taxpayer and the IRS that settles the taxpayer’s tax debt for less than full amount owed, may be a viable option for taxpayers experiencing economic difficulties.
However, the equity taxpayers have in real property can be a barrier to an OIC being accepted. With the uncertainty in the housing market, the IRS recognizes that the real-estate valuations used to assess ability to pay are not necessarily accurate. So in instances where the accuracy of local real-estate valuations is in question or other unusual hardships exist, the IRS is creating a new, second review of the information to determine if accepting an offer is appropriate.
c. Prevention of Offer in Compromise Defaults.
Taxpayers who are unable to meet the periodic payment terms of an accepted OIC will be able to contact the IRS office handling the offer for available options to help them avoid default.
d. Postponement of Collection Actions.
IRS employees will have greater authority to suspend collection actions in hardship cases where taxpayers are unable to pay. If an individual has recently encountered a job loss or other financial problem, IRS assistors may be able to suspend collection in some situations without documentation to minimize burden on the taxpayer.
e. Expedited Levy Releases.
The IRS will speed the delivery of levy releases by easing requirements on taxpayers who request expedited levy releases for hardship reasons. Taxpayers seeking expedited releases of levies to an employer or bank should contact the IRS number shown on the notice of levy to discuss available options. When calling, taxpayers requesting a levy release due to hardship should be prepared to provide the IRS with the fax number of the bank or employer processing the levy.
Call us today to see if qualify for the Hardship Program, 1-866-700-1040
Cannot Pay the IRS Back Taxes – You can Ask for a Economic Hardship – Former IRS Teaching Instructor
by Fresh Start Tax | Nov 3, 2012 | California Tax, IRS Representation, IRS Tax Debt, IRS Tax Experts, IRS Tax Problem, Offer in Compromise, Tax Settlements
IRS Tax Debt Settlement – Offer in Compromise – Former IRS Offer in Compromise Specialist
Fresh Start Tax – Joe Dimino and Michael D. Sullivan
1901 Newport Boulevard
Suite 350
Costa Mesa, CA 92627 Costa Mesa, CA 92627 1- 866-700-1040
IRS accepts about 14,000 Offers in Compromise a year. 57,000 are submitted to the IRS.With the new Fresh Start Program instituted by the IRS we can expect many more offers being filed in the future. the program will help many struggling taxpayers.
A IRS Offer is sometimes called a IRS Tax Debt Settlement. As a Former IRS Agent and Teaching instructor with the IRS I use to teach the program to new Revenue Officers. Modesty speaking I am a true expert when it comes to IRS Tax Debt Settlements.
There are many companies that advertise “We can settling your case for pennies on a dollar.” While that statement is very true, I would caution any taxpayer to make sure the company you are dealing with is an experienced and trustworthy tax firm because our market is saturated with scam artists.
Check out BBB ratings and check on the person directly who will be handling your case.
My advice to the public is to have your offer pre-qualified before submitting your Offer in Compromise for a IRS Tax Debt Settlement.
Fresh Start Tax LLC will do just that.
Before we take dollar one, we will tell you whether you are a valid offer candidate before you spend a nickel.
Contact us today and hear the truth. We are A plus rated by the BBB.
What is an Offer in Compromise or a IRS Tax Debt Settlement
An offer in compromise is an agreement between a taxpayer/business and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed.
If the tax liabilities can be fully paid through an installment agreement or other means, the taxpayer will in most cases not be eligible for an OIC. For information concerning tax payment options, including installment agreements call us today. 1-866-700-1040.
In most cases, the IRS will not accept an OIC unless the amount offered by the taxpayer is equal to or greater than the reasonable collection potential. this is known as the RCP.
The RCP is how the IRS measures the taxpayer’s ability to pay. The RCP includes the value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, IRA’s, pension plans and other property and assets of the taxpayer.
In addition to property, the RCP also includes anticipated future income, less certain amounts allowed for basic living expenses.
The IRS may accept an OIC based on three grounds.
First.
Acceptance of an Offer is permitted if there is doubt as to liability. This ground is only met when genuine doubt exists that the IRS has correctly determined the amount owed. you must have proof that the liability is incorrect.
Second.
An acceptance of an Offer is permitted if there is doubt that the amount owed is collectible. This means that doubt exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.
Third.
An acceptance of an Offer is permitted based on effective tax administration.
An offer in compromise may be accepted based on effective tax administration when there is no doubt that the full amount owed can be collected, but requiring payment in full would either create an economic hardship or would be unfair and inequitable because of exceptional circumstances. These are rare.
How do you calculate the Tax Settlement or the Offer
Calculating the Offer in Compromise
To determine the acceptable minimum offer amount, the IRS will look at the taxpayer’s income and available assets, and compare it to their monthly expenses and other secured debts; however, not all expenses qualify.
For example, non-secured debt, such as credit card debt, will not be taken into account when calculating your offer. The IRS imposes a cap on qualified expenses, such as housing and transportation costs, to limit the amount you can claim, even if your actual expenses are much greater. There is a National Standard IRS embraces.
The value of any assets the taxpayer currently has, such as a home, car, 401K, or checking account, will be automatically calculated into the minimum offer amount. Those taxpayer who have a valuation of assets exceeding their tax liability are not good candidates for an offer in compromise, since the IRS will deem the taxpayer capable of paying the entire liability. If your assets exceed the amount of tax you owe, you are wasting your time filing an offer in compromise.
This does not mean, however, that one should liquidate their assets prior to submitting an offer. The IRS may or will consider these recently sold assets to be dissipated assets which could and will have an adverse effect on the final offer amount.
What is a Dissipated Asset.
Dissipated assets are anything of value that you had and subsequently sold, which could have satisfied your tax liability.
An example.
The sale of a business or car could be a dissipated asset. If the proceeds from the sale were spent on something other than your tax liability, and are no longer available to you, the IRS may add the value of the dissipated assets to your minimum offer amount.Check with us if this is the case.
Dissipated assets and their treatment can be difficult for many taxpayers to understand. Treatment of assets is an important factor when the IRS determines the viability of an offer in compromise. Therefore, one mis-characterized asset, or one that is not accompanied by proper explanation can cause an offer in compromise to be rejected.
Call us today and find out if and how you can qualify for a settlement with the IRS.
Call 1-866-700-1040 for a no cost consultation.
