by Fresh Start Tax | Jun 13, 2019 | Tax Help
Have affordable seasoned tax audit specialists successfully defend you for a Florida sales tax audit, since 1982 A+ rated. Get the Best, we have worked thousands of cases.
Do not be suckered in or be bullied into the Florida Department of revenue. Fight back! Use Tax Attorneys, Lawyers, and former agents who know the system and are not bullied.
We know the system!
Cash Businesses, Easy Targets.
The state of Florida sales tax is hitting our gas station and convenience stores because of unreported cash income.
They find easy targets because they find people dealing in cash scared of the government. But you should not be scared because when you receive cash you still have many expenses.
What sales tax is currently doing is taking gross revenues and saying that 85% is taxable and adding penalties and interest without looking at any records or real numbers.
If this happens to you contact us today as we are what are your best source for state of Florida sales tax defense.
The state of Florida sales tax is doing this to streamline their processes and hoping that some people would bite to scared to answer the Department of revenue sales tax division.
Do not be scared of the state of Florida sales tax audit, contact former agents who know the system.
Also a big no-no, if you have received a self audit notice from the state of Florida Department of revenue do not send that in it is a trap.
What to Expect from a Sale Tax, Florida Tax Audit
The Florida Department of Revenue audits businesses to find out whether state taxes were collected, reported, and paid correctly.
Although an audit is an enforcement tool to monitor and evaluate tax compliance, it can also be educational and promote voluntary compliance.
During an audit, the Department can help businesses identify and correct bookkeeping problems that could cause additional tax liabilities.
Audits may not always result in an assessment of additional tax, penalty or interest. The auditor may adjust a credit carryover or correct distribution without assessing additional tax. The auditor may even determine that a refund is due.
How/Why Was I Selected for an Audit?
The methods of audit selection vary by tax. Some examples of sources used for audit selection are:
• Internal Revenue Service (IRS) information,
• Information sharing programs with other states and state agencies,
• Analysis of Florida tax return information.
When notified of the Department’s intent to audit, you will be informed as to what records you will need to provide.
The types of records needed may include, but are not limited to:
• General ledgers and journals
• Cash receipt and disbursement journals
• Purchase and sales journals
• Sales tax exemption or resale certificates
• Florida tax returns
• Federal tax returns
• Depreciation schedules
• Property records
• Other documentation to verify amounts entered on tax returns
You must keep your records for three years for auditing purposes.
The Department may also audit for periods longer than three years if you did not file a return or payment, or filed a return or payment that was substantially incorrect.
After the audit is complete, you may review the audit findings and proposed changes. The auditor will give you a copy of the work papers and explain your rights, including deadlines for filing protests.
If you agree with the audit findings, you are expected to pay the amount due in full, if any. You have the right to protest the proposed changes if you disagree with them.
Throughout the audit process, communication is vital.
After the Notice of Intent to Audit Books and Records is issued, the auditor will work with you to set a date to begin the audit. The auditor will give you deadlines for providing information or documentation.
If you need additional time to prepare, or need to request a delay for other reasons, contact the auditor. The auditor will make every effort to accommodate your requests.
If you fail to respond or provide the requested information, the Department may issue an assessment and file a warrant based on the best available information.
Call us for a free tax consult. Speak to attorneys, lawyers, and former agents to hear the truth about a sales tax audit.
If you are going to undergo a Florida sales tax audit or need a second opinion call former agents who can give you true expert tax help who know all the negotiation tips and methodologies of Florida sales tax audits.
Help, Florida Sales Tax AUDIT Specialists ^ AFFORDABLE ^ Tax Attorneys ^ Tax Lawyers + Pompano, Coconut Creek, Deerfield, Tamarac, Fort Lauderdale
by Fresh Start Tax | Jun 12, 2019 | Tax Help
Have affordable seasoned tax audit specialists successfully defend you for a Florida sales tax audit, since 1982 A+ rated. Get the Best, we have worked thousands of cases.
Do not be suckered in or be bullied into the Florida Department of revenue. Fight back! Use Tax Attorneys, Lawyers, and former agents who know the system and are not bullied.
We know the system!
Cash Businesses, Easy Targets.
The state of Florida sales tax is hitting our gas station and convenience stores because of unreported cash income.
They find easy targets because they find people dealing in cash scared of the government. But you should not be scared because when you receive cash you still have many expenses.
What sales tax is currently doing is taking gross revenues and saying that 85% is taxable and adding penalties and interest without looking at any records or real numbers.
If this happens to you contact us today as we are what are your best source for state of Florida sales tax defense.
The state of Florida sales tax is doing this to streamline their processes and hoping that some people would bite to scared to answer the Department of revenue sales tax division.
Do not be scared of the state of Florida sales tax audit contact former agents who know the system.
Also a big no-no, if you have received a self audit notice from the state of Florida Department of revenue do not send that in it is a trap.
What to Expect from a Florida Tax Audit
The Florida Department of Revenue audits businesses to find out whether state taxes were collected, reported, and paid correctly.
Although an audit is an enforcement tool to monitor and evaluate tax compliance, it can also be educational and promote voluntary compliance.
During an audit, the Department can help businesses identify and correct bookkeeping problems that could cause additional tax liabilities.
Audits may not always result in an assessment of additional tax, penalty or interest. The auditor may adjust a credit carryover or correct distribution without assessing additional tax. The auditor may even determine that a refund is due.
How/Why Was I Selected for an Audit?
The methods of audit selection vary by tax. Some examples of sources used for audit selection are:
• Internal Revenue Service (IRS) information,
• Information sharing programs with other states and state agencies,
• Analysis of Florida tax return information.
When notified of the Department’s intent to audit, you will be informed as to what records you will need to provide.
The types of records needed may include, but are not limited to:
• General ledgers and journals
• Cash receipt and disbursement journals
• Purchase and sales journals
• Sales tax exemption or resale certificates
• Florida tax returns
• Federal tax returns
• Depreciation schedules
• Property records
• Other documentation to verify amounts entered on tax returns
You must keep your records for three years for auditing purposes.
The Department may also audit for periods longer than three years if you did not file a return or payment, or filed a return or payment that was substantially incorrect.
After the audit is complete, you may review the audit findings and proposed changes. The auditor will give you a copy of the work papers and explain your rights, including deadlines for filing protests.
If you agree with the audit findings, you are expected to pay the amount due in full, if any. You have the right to protest the proposed changes if you disagree with them.
Throughout the audit process, communication is vital.
After the Notice of Intent to Audit Books and Records is issued, the auditor will work with you to set a date to begin the audit. The auditor will give you deadlines for providing information or documentation.
If you need additional time to prepare, or need to request a delay for other reasons, contact the auditor. The auditor will make every effort to accommodate your requests.
If you fail to respond or provide the requested information, the Department may issue an assessment and file a warrant based on the best available information.
Call us for a free tax consult. Speak to attorneys, lawyers, and former agents to hear the truth about a sales tax audit.
If you are going to undergo a Florida sales tax audit or need a second opinion call former agents who can give you true expert tax help who know all the negotiation tips and methodologies of Florida sales tax audits.
Florida Sales Tax AUDIT Specialists ^ AFFORDABLE ^ Tax Attorneys ^ Tax Lawyers + Pembroke Pines, Miramar, Weston, Plantation, Margate, Fort Lauderdale
by Fresh Start Tax | Jun 12, 2019 | Tax Help
Have true AUDIT tax experts represent you during an IRS or state tax audit. AFFORDABLE, SINCE 1982. 954-492-0088
We have worked thousands of cases since 1982 and are true experts for IRS tax audit defense.
On staff are tax attorneys, tax lawyers, CPAs, and former IRS agents who have logged more than 100 direct years of IRS work experience.
There are few firms in South Florida with more direct IRS work experience.
You go to your mailbox and there it is, a nasty gram!
Everyone fears the dreaded letter from the IRS. You open it up and it is some of the worst news possible, ” you have been selected for a tax audit for years……….
There are ways you can protect yourself from a IRS Tax Audit.
As IRS Tax Attorneys, Former IRS Agents, Managers and Instructors we have discovered ways for the average taxpayer to keep themselves from a IRS tax audit.
When you retain our firm you’ll never have to speak to IRS.
As former IRS agents, managers and teaching instructors we know all the IRS systems, and the methodologies, and the best way to settle your tax case for the lowest amount possible.
When dealing with the IRS the key making sure we can provide the very best tax defense, make sure the IRS will not dig into other years and if you’re going to owe money, work out a plan or a settlement at the same time.
How to Protect Yourself From An IRS Audit
1. Have your tax return prepared by a reliable tax return preparer. If your preparer promises large refunds without asking to see the proper records for deductions and credits, you know that you will be audited after the return has been filed.
When your tax return preparer deducts items that should have not been deducted, you’re the one who will be audited and you will be required to pay the additional tax, interest and penalties.
If the IRS believes that your tax return preparer is incompetent or deducts large non-existent deductions, all of the returns prepared by that return preparer will more likely be selected for audit.
You do not want a tax return preparer who promises you the largest refund, but a tax return preparer who will compute the correct tax. It is recommended that you hire a tax return preparer who knows the tax law and who deducts items on the tax return that you can properly document.
Don’t forget you are ultimately responsible for the additional tax, interest and penalties.
2. File all your required tax returns by the due date. If you haven’t filed your tax returns, the IRS will eventually audit on you.
By not filing your tax returns timely, the IRS will assess the failure to file penalty at 5% per month up to 25% of the tax. If the IRS determines that your failure to file was attributable to fraud, the penalty will be 15% per month up to 75% of the tax.
Thus, you are always better off filing the tax return by the due date, even if you don’t have the funds to pay the tax because you will not be assessed the failure to file penalties.
3. Report all of your income shown on the Form 1099’s that you have received. Even if you don’t receive a 1099, you still have to report all of your income. If you file your tax return without reporting all of your income, you are risking an audit.
If the IRS audits your tax return and finds omitted income, you will be assessed tax on the omitted income plus interest on the tax computed from the due date of the tax return to the date that the tax is paid.
Then, the IRS will apply the 20% accuracy related penalty or the 75% fraud penalty on the additional tax plus the interest on the penalties computed from the due date of the tax return to the date that it is paid.
4. Don’t deduct an office in a home. To qualify for an office in a home deduction, you must use the office for work and it must be your primary place of business. Most taxpayer’s abuse this deduction.
Unless, your office in the home is your primary place of business, don’t take this deduction.
Further, let’s say that you properly documented that you used 15% of your residence for business, when you sell the residence, the IRS will correctly argue that 15% of the gain from the sale is taxable income. This will create unintentional tax liability on your part. Unless you have a compelling reason to take this deduction, stay away from it.
5. Don’t deduct a large Sch C loss, unless you truly have a loss. A large Sch C loss means that your business deductions exceeded your income from the activity.
The IRS will be questioning you on the source of the funds to pay for those excess deductions. You will need to document sources of the non-taxable income to pay for that loss. If you sold assets to fund the loss, you will need to document those sales.
The possible sources of the non-table income would include loans, gifts and inheritances. These sources will have to be documented to the IRS, if requested by them.
The documentation would include copies of checks, closing papers, gift tax returns of the person who made the gifts and estate tax returns for inherited funds.
6. Don’t deduct a loss from a business activity that the IRS can classify as a hobby loss, unless you have the documentation for that loss.
If you deduct a loss from a horse racing, dog racing, car racing, a boat chartering activity or any other activity that is fun; the IRS will ask you to prove that the activity is engaged for profit.
Thus, you should have a separate bank account for these activities and a business plan on how you expect to make a profit from the activity. You will need to show valid business projections.
7. When you deduct donations of property to a charitable organization, you need to have the required documentation that will always include a valid appraisal. Only deduct what you actually donated to the charitable organizations and can verify with copies of canceled checks.
8. When you deduct a casualty loss, you need the proper documentation for the deduction. The documentation will always include an appraisal of the property before and after the casualty.
The amount reimbursed by insurance for the casualty. You will also need to prove your adjusted basis in the property before the casualty.
If you have a theft loss, make sure that you report the theft to the police and obtain a police report for the incident.
9. You should always be prepared for an audit by having in your possession all of the documents needed to verify the items shown on your tax return even before it is ever audited.
You do not want to search for the verification after your tax return has been selected for audit by the IRS.
10. If you are selected for a tax audit, call Fresh Start Tax LLC to ensure the best possible results.
Protect yourself from an IRS tax audit. Have Fresh Start Tax LLC prepare your next tax return.
IRS Tax Attorney, Tax Lawyer, Former IRS + Affordable IRS Tax Audit Defense Help + Pembroke Pines, Miramar, Weston, Plantation, Margate, Fort Lauderdale
by Fresh Start Tax | Jun 11, 2019 | Tax Help
We are the Affordable, Experienced Professional Local Tax Firm, since 1982. A plus rated. We know IRS inside and out !!!
We have over 100 years of direct IRS work experience in the local, district, and regional tax offices of the Internal Revenue Service. We have worked as IRS managers, IRS supervisors, and IRS teaching instructors.
On staff also are CPA’s and a veteran and experienced tax attorney, tax lawyer.
IRS tax problems come in all sorts of ways.
From not filing, owing back tax debt, IRS tax audits, business tax problems, appeals and ANY other tax issue problem.
If you have not filed your tax return our team of former IRS agents and CPA’s can prepare all your back tax returns will reconstruct them if you have no records. We can work out a tax settlement at the same time.
Owing Back Tax Debt
If you owe back tax debt we can let you know exactly how IRS is going to work your case. Once we take a current financial statement we can inform you how the IRS will generally close your case, usually one of three ways. T
hey can put your case into a currently not collectible, ask for a payment agreement or we may advise you that you can set your tax debt for pennies on the dollar.
* see more below on back taxed owed below.
IRS Tax Audits
If IRS sends you nasty gram advising that they will audit your tax return, we can go ahead and have our former IRS agents, managers and teaching instructors can give you the best possible IRS audit tax defense. A tax attorney can represent you if we need to go to tax court.
IRS Tax Appeals With Former IRS agents, CPAs, a tax attorney or a tax lawyer.
Appeals also is our specialty and our former IRS agents and tax attorney regularly go to appeals if results are not as expected.
Back Business Tax Debt & Tax Returns & Tax Filings
Any time you owe back business tax debt the IRS will conduct a full compliance check. A full compliance check means that IRS will pull your working individual history and your business history to see what taxes are owed and what tax returns remain Unfiled.
The Internal Revenue Service will work both cases at the same time.
Back Payroll taxes are a concern for Internal Revenue Service because these taxes are actually not a tax but trust funds that is, a company holds for the benefit of there employees.
When taxes are not paid a red flag is raised and IRS makes every possible effort to collect payroll taxes and go after the responsible individuals whose job it was to collect and turn over back taxes.
IRS we use every avenue of enforced collections to do so. I should know, I am a former revenue officer who used to work cases and I know the very best tax defense.
We can go ahead and file all your Unfiled payroll tax returns and settle your debt all at the same time.
It is critical that you understand that you do not want IRS the filing your tax delinquent tax returns for you. 6020b will become a problem!
Under 6020 B of the Internal Revenue Code, the IRS has the right to prepare your back payroll tax returns if you do not voluntarily file them. this will be nothing but trouble for you.
IRS can set up a personal assessment against you and collect the tax as though you owe individual income taxes. Yes, you can be held personally responsible for the back payroll taxes. You can be subject to tax levies and tax liens.
Personal Responsibility for Payroll Taxes, BEWARE.
If the IRS has found you a responsible person for the trust fund penalty, call us today for free initial tax consultation and we will walk you through the process of resolving this tax at once and for all.
As former IRS agents, we set up trust fund penalties against responsible persons for corporate or businesses that owed back payroll taxes.
If a company can no longer pay their back payroll taxes, the Internal Revenue Service has the right under 6672 to set up the trust fund debt against those who are held responsible. This is called the trust fund penalty.
Who Can Be Responsible for the Trust Fund Taxes, code section 6672. Can it Be You?
IRS will take a look at anybody that had any control of the business.
Such as:
An officer or an employee of a corporation;
A member or employee of a partnership;
A corporate director or shareholder or member;
A member of a board of trustees of a nonprofit organization, or anyone deemed to be responsible;
Other persons with authority and who had control over funds to direct their disbursement;
Those who consultation and with full knowledge chose not to pay the payroll tax liability.
You’ll know if you are one of persons because you will receive IRS form 2751 & 1153 indicating a proposed notice of assessment against you.
As soon as we review your case we can instantly tell you ways to help resolve your problem.
Options for Back IRS Tax Debt
Being former IRS agents and managers we know every possible solution to remedy this tax debt. We can resolve and possibly reduce your tax obligation.
How the Internal Revenue Service will work your case if you owe back payroll IRS tax debt.
IRS will require a 433A or 433F, an individual financial statement.
Many times the IRS uses 433F, depending were the cases in the system. Cases worked in the ACS system uses a shorter version of the financial statement.
If the case is worked in the local office the revenue officer will use form 433.A
That financial statement will need to be fully documented along with bank statements, copies of checks and monthly expenses.
We will walk you through the process of how the IRS will work your case in the collection action that can possibly taken.
Will also review with you the IRS national standards program on all cases for those who owe back taxes.
Once IRS reviews your current financial statement they will make a determination and generally put you in one of two categories with the option of filing an offer in compromise.
IRS will generally close your case by:
1.IRS determines on 40% of the cases that taxpayers are put into hardship which means they can’t pay the tax at this time.
Sometimes it is called currently not collectible. Cases that are an issue at currently not collectible or hardship stay in there for a period of 2 to 3 years and come back out to the field at a later time.
2. 6.5 million people enter monthly payment plans and pay a certain amount based on their current documented financial statement.
Other taxpayers file an offer in compromise to settle their case for pennies on the dollar. The offer in compromise requires a lot of skill and expertise to have accepted by the Internal Revenue Service.
Call us today for free initial tax consultation. Hear the truth!
We are a full-service firm with a specialty in expertise in all IRS matters.
We have over 200 years of professional tax experience and can fully resolve any IRS problem especially if you owe business tax debt and wish to settle with the Internal Revenue Service.
We can prepare all back tax filings and resolve your individual, business, or corporate tax problem.
IRS Problems, Tax Attorney, Tax Lawyer + Unfiled Returns + Back Tax Debt + IRS Tax Audits, Business Tax Issues + Pembroke Pines, Miramar, Weston, Plantation, Margate + Florida
by Fresh Start Tax | Jun 11, 2019 | Tax Help
We are a local professional tax firm that has been in practice since 1982 in South Florida. We are your IRS tax experts for all IRS problems and resolution matters. AFFORDABLE
You will never have to speak to the Internal Revenue Service.
You can have our tax attorney lawyers, CPAs or former IRS represent you for any IRS problems or back tax debt that you have. We have over 200 years of professional tax experience at over 100 years of working directly for the Internal Revenue Service.
We handle anything from a basic IRS notice, letter dealing with the service center, the agent of the local office going to appeals, and trial work.
If you will owe back taxes you could have former IRS revenue officer’s who worked in the collection division represent you for immediate IRS tax debt relief.
Have former IRS agents and managers represent you if you have to file or prepare back taxes and have experienced collection officers get immediate releases of levies or garnishments, and help you with federal tax lien filings.
We worked out of the local South Florida Tax Offices.
If you have any back IRS issues contact us today and we can tell you exactly how to solve your problem.
We are former IRS agents, managers and teaching instructors and know all the methodologies, settlement theories and negotiation strategies to resolve any tax debt that may be facing you.
Our principal has been on FOXBusiness news ABC and your own NBC and CBS station.
Since 1982 we have been resolving tax debt issues for thousands of clients. we can solve any IRS tax matter or issue and review with you carefully weigh possible to solve an IRS problem.
We have worked thousands of cases and we have been former IRS agents, managers, supervisors and teaching instructors.
Within five minutes of hearing about your current situation we can give you an exact remedy to end your IRS tax problem file your back tax returns and settle your back tax problems.
Many of the taxpayers who call us need to file back tax returns and their variety of reasons why taxpayers have not who have not filed.
The reason makes no difference.
The bottom line is, sooner or later you have to file back tax returns. We have a very easy and simple process to file all your back tax returns and settle your debt all at the same time.
Filing your back taxes with IRS
With or without records we can complete all your tax returns due to our enormous amount of experience we have in filing back tax returns.
Since 1982, we are one of the country’s oldest tax firms in dealing with back tax issues and settling tax debt.
Settling IRS Tax Debt
There are different ways to settle IRS tax debt and there are generally three programs that the taxpayer can qualify for.
The first is a hardship or currently non-collectible program.
There are good news and bad news about this program. After IRS takes a current documented financial statement, IRS may determine you are not collectible at the current time. IRS will suspend your case for a period of 1 to 3 years and put a freeze on it.
The good news is IRS’s off your back for a couple of years and the bad news is penalties and interest still run on it. With that said, your case will come out for financial review in a couple of years later.
The second program is the installment agreement or monthly payment. After IRS takes a current financial statement they will determine how much money they expect from you on a monthly basis.
The third way to sell your debt is to qualify for an offer in compromise, this is where you can settle your debt for pennies on the dollar.
After a review of your current financial statement, we will let you know which of the program to qualify for and start to remove IRS out of your life.
Call us today for free initial tax consultation and we will walk you through the process and tell you how many years you have to file and let you know the different tax strategies based on your current financial conditions.
You will never have to speak to the Internal Revenue Service. We handle all the communication. Feel free to call us by voice or Skype us directly. We are a full-service firm with all work being done in-house.
Don’t settle for less than IRS experience. If you have any tax problems whatsoever and need to resolve your IRS tax debt or file back taxes, struggling with IRS notices or letters, call us today for a free initial tax consultation.
Tax Attorney, IRS Lawyer Help + IRS Problems + Tax Debt Relief Center, Owe Back Taxes, Tax Returns
by Fresh Start Tax | Jun 11, 2019 | Tax Help
Wish to get immediate relief, call us today. Since 1982. Attorneys’, Lawyers, CPA’s, Former IRS Agents. AFFORDABLE
We have worked the system and we know the system to get immediate IRS bank and tax wage garnishments released.
We have over 200 years of professional tax experience, over 100 years of working directly for the Internal Revenue Service and our staff is composed of certified public accountants, enrolled agents, and former IRS agents, managers and teaching instructors.
We are a local South Florida tax firm that has worked out of the South Florida IRS offices.
We are true experts in IRS bank levies. As former IRS agents we have filed hundreds and hundreds of bank lobbies so we know the process of getting immediate releases of the documents.
When you call us we will give you a free initial tax consultation, walk you through the program and not only get you your IRS levy release but settle your case at the same time.
Feel free to come into our office, Skype us, or call us by phone for free initial tax consultation and we will walk you through the process of getting immediate releases of a banker wage garnishment levy.
There is a very methodical way to get your IRS levy released.
IRS will require a basic financial statement along with documentation and after review decide whether to put you into a currently not collectible, payment agreement or may encourage you to file an offer in compromise. After a review your financial statement we will be able to set up a course of strategy and get your levy released immediately.
As a general rule within 24 hours of receiving your current financial statement we can get your bank levy released by the Internal Revenue Service.
Information you need to know about the IRS bank levy.
A levy is a legal seizure of your property to satisfy a tax debt.
IRS Tax Levies are different from IRS Tax Liens.
A lien is a legal claim against property to secure payment of the tax debt, while a levy actually takes the property to satisfy the tax debt.
Where does Internal Revenue Service (IRS) authority to levy originate?
The Internal Revenue Code (IRC) authorizes levies to collect delinquent tax. See IRC 6331. Any property or right to property that belongs to the taxpayer or on which there is a Federal tax lien can be levied, unless the IRC exempts the property from levy.
What actions must the Internal Revenue Service take before a levy can be issued? There are requirements IRS must meet.
The IRS will usually levy only after these three requirements are met:
• The IRS assessed the tax and sent you a Notice and Demand for Payment (a tax bill);
• You neglected or refused to pay the tax; and
• The IRS 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.
The 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 have moved and not let the Internal Revenue Service know, many tax payers find themselves between a rock and a hard place because IRS sends the last final notice to the last filed address on the tax return.
Please note: if the IRS levies your state tax refund, you may receive a Notice of Levy on Your State Tax Refund, Notice of Your Right to Hearing after the levy.
When will the IRS issue a levy?
If you do not pay your taxes (or make arrangements to settle your debt), and the IRS determines that a levy is the next appropriate action, the IRS may levy any property or right to property you own or have an interest in.
For instance, the IRS could levy property that is yours, but is held by someone else (such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions). Or, the IRS could seize and sell property that you hold (such as your car, boat or house).
What if a levy on my wages, bank, or other account is causing a hardship?
If the levy on your wages is creating an immediate economic hardship, the levy must be released. If the levy on your bank account or other account is creating an immediate economic hardship, the levy may be released.
An economic hardship occurs when we have determined the levy prevents you from meeting basic, reasonable living expenses. In order for the IRS to determine if a levy is causing hardship, the IRS will usually need you to provide financial information so be prepared to provide it when you call.
A levy release does not mean you are exempt from paying the balance.
The IRS will work with you to establish a payment plan or take other steps to help you pay off the balance. To help ensure quick action, please have the fax number available for the employer, bank or other financial institution that is processing the levy.
When the levy is on a bank account, the Internal Revenue Code (IRC) provides a 21-day waiting period for complying with the levy.
The waiting period is intended to allow you time to contact the IRS and arrange to pay the tax or notify the IRS of errors in the levy.
Generally, IRS levies are delivered via the mail. The date and time of delivery of the levy is the time when the levy is considered to have been made.
In the case of a bank levy, funds in the account are frozen as of the date and time the levy is received. Normally, the levy does not affect funds you add to your bank account after the date of the levy.
IRS Wage Levies may Follow 688-W
If the IRS levies (seizes) your wages, part of your wages will be sent to the IRS each pay period until:
• You make other arrangements to pay your overdue taxes,
• The amount of overdue taxes you owe is paid, or
• The levy is released.
Part of your wages may be exempt from the levy and the exempt amount will be paid to you. The exempt amount is based on the standard deduction and an “amount determined” calculated in part based on the number of dependents you are allowed for the year the levy is served.
The IRS mails Publication 1494 (PDF) with the levy which explains to your employer how to determine the amount exempt from levy.
Your employer will provide you with a Statement of Dependents and Filing Status to complete and return within three days.
If you do not return the statement in three days, your exempt amount is figured as if you are married filing separately with no dependents (zero). If you have other income sources, the IRS may allocate the exemptions to the other income source and levy on 100% of the income from a particular employer.
Levies are different from liens.
A lien is a legal claim against your property to secure payment of your tax debt, while a levy actually takes the property to satisfy the tax debt.
A federal tax lien comes into being when the IRS accesses a tax against you and sends you a bill that you neglect or refuse to pay it. The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.
You have the right to appeal if the IRS advises you of the intent to file a Notice of Federal Tax Lien. Your appeal rights are explained in IRS Publication 1660, Collection Appeal Rights (PDF).
When filed, the Notice of Federal Tax Lien is a public document that alerts other creditors that the IRS is asserting a secured claim against your assets.
Credit reporting agencies may find the Notice of Federal Tax Lien and include it in your credit report. An IRS levy is not a public record.
Call us today for free initial tax consultation and speak to a true IRS tax expert regarding your IRS bank levy or wage levy garnishment.
To recap everything, if you have an IRS bank levy or wage garnishment and you need an immediate release call us today we can handle any IRS tax problem you have
Once again, we are A+ rated by the BBB and have been in practice since 1982.
