by Fresh Start Tax | Jun 23, 2016 | Tax Help
We are affordable professional tax firm that can get releases on a IRS bank levy garnishment immediately. Since 1982 A+ rated by the BBB. We guarantee all of our work.
We are the affordable local professional firm that knows the system inside and out.
Not only can we stop the levy we can settle your case at the same time. Covering Indian River County.
We are composed of CPAs and former IRS agents who have over 65 years of working directly for the Internal Revenue Service in the local, district, and regional South Florid tax offices of the Internal Revenue Service.
There is a very specific system used to get an IRS tax levy released, whether it be a bank levy or wage garnishment levy. Being former IRS agents we know the system.
Not only were we former IRS agents and teaching instructors we also taught new IRS agents or jobs.
When you have received an IRS tax levy it only makes sense to have former IRS agents provide you tax levy defense and case settlements all at the same time.
We understand all the systems, formulas, and all the protocols to get an immediate relief of a IRS bank levy garnishment.
Knowing the system makes this a streamlined process and is able to get faster and quicker tax relief.
We can stop your IRS tax levy right now and settle your case at the same time.
Within 24 hours of receiving your current documented financial statement we can get an IRS bank levy or wage garnishment levy released and settle your case all at the same time.
IRS will close and settle your case generally one of three ways.
After a review of your current financial statement (433f ) IRS will place you either into :
1.currently not collectible status,
2. ask you for a monthly payment agreement or
3. you could submit an offer in compromise if you are a qualified and suitable candidate.
We will review with you your options to find out which is the best fit based on your current financial condition. Remember, your documented financial statement holds the key.
Call us today for a free initial tax consultation.
For the Record : What is a IRS Tax Levy?
A levy is a legal seizure of your property to satisfy a tax debt.
Levies are different from 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 IRS tax levy can be issued?
The IRS will usually levy only after these three requirements are met:
1• The IRS assessed the tax and sent you a Notice and Demand for Payment (a tax bill);
2• You neglected or refused to pay the tax; and
3• 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.
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 IRS tax bank levy garnishment?
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).
Call us today and hear the truth about your case.
Stop your IRS tax levy within 48 hours and settle your case at the same time.
A word of the wise, when you call their tax relief companies many times you are speaking to a salesperson and not the person who will be working your case.
We are true tax experts, since 1982. We have released hundreds and hundreds of levy since 1982 and settle tax debt to same time.
IRS Bank Levy Garnishment + Releases & Settlement + Back Tax Debt Help
by Fresh Start Tax | Jun 22, 2016 | Tax Help
You cannot trust tax relief company ratings. Many times a certain tax relief company will actually sponsor the link and call other similar companies who pay to be on their link.
These are tax relief rating are not from independent sources that verify the information, so be very careful.They are a way to make their tax relief companies look good with out independent verification. While some are very good, others are not. BEWARE.
Theses sites are deceptive and misleading.
The only way to truly find out how the relief company is, is to do the due diligence it yourself. usually the company you find on top of these ratings are promoting their own link which is sad.
You should always use a company that features tax attorneys, CPAs and former IRS agents and those that have professional licenses.
Another good indicator is to find out how long the company has been in business and to find out the number of complaints they have with the Better Business Bureau.
The last way is to call the tax professional and the firm yourself and find out information about their experience and trustworthiness.
Tax Relief Companies + What You Need to Know About Ratings + Its a Joke
by Fresh Start Tax | Jun 22, 2016 | Tax Help
How Long Does IRS Have To Collect My Tax Debt, Former IRS Agent Explains
The general rule, there is a ten year statute of limitations on IRS collections.
This 10 year period begins from the date of the assessment.
It’ s important to know the date of assessment begins when the IRS accepts your tax return in prices that on their computerized system.
As a general rule it can be anywhere from five days to six weeks from from the day you actually filed your tax return.
A lot is dependent whether you e-file or send it in manually by snail mail to the Internal Revenue Service.
To find out what your date of assessment is it will be necessary to pull an IRS tax transcript to officially verify the date. without an official IRS tax transcript is impossible to determine your assessment date.
As clients a fresh start tax we can provide all this necessary information to you and help determine the official date of assessment to find out if the statute of limitations has expired on your IRS tax debt.
Exceptions to the ten-year statute of limitations rule apply.
Bankruptcy
The CSED, in a case under the Bankruptcy Code, is suspended while the Service is prohibited by reason of the case from collecting, and for six months thereafter.
Judgment/Litigation
Per IRC 6502(a), a court action brought against the taxpayer prior to the expiration of the collection statute extends the period to collect until the tax liability or judgment against the taxpayer is satisfied or becomes unenforceable.
Suit to Reduce Assessments to Judgment
In order for a suit to reduce the assessments to judgment and suspend the collection period, it must be filed prior to the CSED. The filing of a suit will suspend the collection statute during litigation
Collection Due Process (CDP)
The CSED is suspended from the date the Service receives a timely filed request for a CDP hearing to the date the taxpayer withdraws their request for a CDP hearing or the date the determination from Appeals becomes final, including any court appeals.
If 90 days is not remaining on the statute of limitations when the determination becomes final, the statute of limitations is extended to equal 90 days. The collection statute is not extended for equivalency hearings.
Offer In Compromise
For offers pending prior to January 1, 2000, the CSED extension was affected by Treasury Regulation § 301.7122–1(f) (1960). Under this regulation the practice of the Service generally was to obtain from the taxpayer a waiver of the CSED for the period the offer in compromise was pending, while any installment of an accepted offer remained unpaid, and for one additional year thereafter.
For offers pending prior to January 1, 2000, a waiver of the CSED cannot extend the CSED beyond either December 31, 2002, or the original CSED, whichever is later, pursuant to section 3461(c)(2) of the IRS Restructuring and Reform Act of 1998 (RRA 98).
For offers pending on or made after December 31, 1999, suspensions of the running of the CSED in the offer in compromise context are governed by statute, specifically by IRC 6331(k)(1) and (3).
Under these provisions, the Service is prohibited from levying, and the CSED is suspended
While an offer is pending with the Service,
For 30 days immediately following rejection of the offer, and
For the period that a timely filed appeal of a rejection is being considered in Appeals.
CSED extensions for the period of time “while any installment remains unpaid” and “for one additional year thereafter” are eliminated.
Signing of a Tax Waiver 900 form
Subject to some important exceptions, once the ten years are up, the IRS has to stop its collection efforts. Every year, the statute of limitations expires for thousands of taxpayers who owe the IRS money.
If your Collection Statute Expiration Date (CSED) is near, the IRS may act aggressively to get you to pay as much as possible before the deadline or agree to extend it.
When Does the Limitations Period Begin?
The ten-year limitations period begins to run on the date of the tax assessment. This is the date an IRS processes return on the computerized system.
The date on this bill starts the ten year limitations period.
If you did not file a tax return, the IRS can create a substitute return for you and make a deficiency assessment, which starts the ten year period. IRS does this by virtue of code section 6020b.
Thus, not filing a return and hiding for ten years accomplishes nothing.
Suspension of Limitations Period
The ten-year collection period can end up lasting more than ten years because it can be suspended for one or more time periods.
The time during which the statute of limitations is suspended is not counted toward ten-year deadline.
This means that the limitations period is suspended if you file for bankruptcy and the bankruptcy court issues an automatic stay preventing the IRS from taking collection action against you–the suspension lasts for the period of the bankruptcy case plus six months.
The period is also suspended while the IRS is considering your request for an installment agreement, offer in compromise, or request for innocent spouse relief, or while you live outside the U.S. continuously for at least six months.
The IRS can also extend the ten-year period by suing you in federal court; however, it rarely does this.
Voluntarily Extending the Limitations Period
The ten-year limitations period is not absolute. It can be extended if you voluntarily agree to do so.
Back in the bad old dates (before 1998), the IRS used to put enormous pressure on taxpayers to agree to extend the limitations period beyond ten years–such extensions often lasted for ten or even twenty years.
If the taxpayer refused to “voluntarily” agree to the extension, the IRS would make threats. as a former IRS agent I had many cases in which the statute were going to expire and we have to go up and threaten the taxpayer with the filing of a bank levy or wage garnishment levy to make sure the extension was signed by the taxpayer. IRS agents to lose their jobs if waivers and statutes blow. Fortunately, this is no longer allowed.
However, if you enter into an installment agreement with the IRS allowing for partial payment of the amount due, you’ll likely have to sign a form waiving the ten-year limitations period.
But this extension can be no more than six years. If your limitations period is nearing its end and you still owe the IRS substantial money, IRS personnel may offer you an installment agreement with attractive terms in order to get you to agree to extend the collection deadline. Consider carefully before agreeing to any such extension.
You may be better off refusing to extend the deadline and let the IRS collect whatever it can before it runs out.
if you are by the end of your statutory period of time and are contacted by the Internal Revenue Service is best to call a true tax professional. Call us today for a free initial tax consultation. We’re true IRS tax experts.Since 1982.
IRS Tax Debt + When Does the Tax Debt End + Statute Of Limitations
by Fresh Start Tax | Jun 22, 2016 | Tax Help
We are a fast & affordable professional tax firm that can get IRS Bank and Wage Garnishment Levy releases, since 1982.
IRS must follow legal procedure before they have the right to levy.
We offer affordable tax help, free tax assessments of your case.
Former IRS Agents, Since 1982.
As a general rule, within 24-hours we can settle your tax debt through a hardship to payment agreement or the possibility of an offer in compromise.
We have over 95 years of IRS experience in the local, district and regional tax office of the IRS. We are true Tax Experts.
We can get your levy released and settle your case at one time.
Many times the IRS does not follow the rules and may send out bank levies and wage garnishment notices without complying to the rules.
If this is happened to you call us today for a free initial tax consultation. the IRS must comply with the internal revenue manual and your tax levy may have been sent to you in error.
IMPORTANT:
The Service must provide a taxpayer with a 30-day notice of intent to levy, both bank abd wage garnishments.
You have rights : IRC § 6331(d)(2).
The notice must be given in person, left at the taxpayer’s dwelling or usual place of business, or sent by certified or registered mail to the taxpayer’s last known address.
Only a single notice is required to be given with respect to a particular liability, regardless of the number of levies made to satisfy the liability.
This notice, either L 1058 or LT 11, is usually combined in one notice with the Collection Due Process (CDP) notice required by IRC § 6330. Area Offices use L 1058, and the Automated Collection System (ACS) uses LT 11.
. A levy made before the expiration of the 30-day period after notice of intent to levy is invalid absent a jeopardy determination or waiver by the taxpayer of the waiting period and right to a hearing. See IRM 5.11.1.2.2.10, Waiver of Notice of Intent to Levy/Notice of Right to a Hearing.
What IRS Must Do You Before Taking Your Money
1. The IRS Code imposes a number of conditions that must be met before the IRS may levy.
In addition, there are certain restrictions that limit the timing of a levy.
These include:
A. the investigation of the status of the property;
B. notice and demand;
C. notice of intent to levy;
D. collection due process (CDP) rights; and
Notice and Demand Must Be Made, it’s the law.
1. The IRS MUST give the taxpayer a notice stating the amount of the tax liability and demanding payment of it as soon as practicable, but within 60 days after assessment of the tax. IRC § 6303(a).
2. Notice and demand of the assessed tax is necessary prior to levy under IRC § 6331(a), and is also a prerequisite to the creation of the federal tax lien under IRC § 6321.
However, pursuant to Treas. Reg. § 301.6303-1(a), the failure to give notice within 60 days does not invalidate the notice. Therefore, a late notice and demand given more than 60 days after assessment is a valid notice and demand for purposes of levy under IRC § 6331(a) and the creation of the federal tax lien under IRC § 6321.
3. An immediate payment of the tax is normally not demanded unless delay would jeopardize the collection.
4. Notice and demand need not personally be served upon the taxpayer to validate such notice.
Formal NOTICE AND DEMAND
The notice and demand must be left at the dwelling or usual place of business of the taxpayer or mailed to his/her last known address.
If doubt exists as to the dwelling, place of business or last known address, the notice should be delivered or mailed to all of the available addresses.
5. Payment of only a portion of the tax after notice and demand represents neglect or refusal to pay.
A levy made before the expiration of the 10-day period after notice and demand, as well as a levy made before notice and demand, is invalid. L.O.C. Indus. Inc. v. United States, 423 F. Supp. 265 (M.D. Tenn. 1976).
A levy for a tax liability for which notice and demand was not made is invalid.
Notification of a proposed assessment does not eliminate the need for notice and demand for payment of the tax once the assessment is made.
Call us today for initial tax consultation. Since 1982. Speak to truly affordable IRS tax experts.
RECEIVED IRS LEVY NOTICE + WITHIN 24 HOURS GET TAX LEVY RELEASE + FORMER IRS
by Fresh Start Tax | Jun 22, 2016 | Tax Help
We are a fast & affordable professional tax firm that can get IRS Levy releases, since 1982.
IRS must follow legal procedure before they have the right to levy. We offer affordable tax help, free tax assessments of your case. Former IRS Agents, Since 1982.
As a general rule within 24-hour we can settle your tax debt through a hardship to payment agreement or the possibility of an offer in compromise. We have released hundreds and hundreds of IRS TAX levies.
We have over 65 years of IRS experience in the local, district and regional tax office of the IRS. We are true Tax Experts.
We can get your levy released and settle your case at one time.
Many times the IRS does not follow the rules and may send out bank levies and wage garnishment notices without complying to the rules.
If this is happened to you call us today for a free initial tax consultation. the IRS must comply with the internal revenue manual and your tax levy may have been sent to you in error.
IMPORTANT:
The Service must provide a taxpayer with a 30-day notice of intent to levy, both bank abd wage garnishments.
You have rights : IRC § 6331(d)(2).
The notice must be given in person, left at the taxpayer’s dwelling or usual place of business, or sent by certified or registered mail to the taxpayer’s last known address.
Only a single notice is required to be given with respect to a particular liability, regardless of the number of levies made to satisfy the liability.
This notice, either L 1058 or LT 11, is usually combined in one notice with the Collection Due Process (CDP) notice required by IRC § 6330. Area Offices use L 1058, and the Automated Collection System (ACS) uses LT 11.
. A levy made before the expiration of the 30-day period after notice of intent to levy is invalid absent a jeopardy determination or waiver by the taxpayer of the waiting period and right to a hearing. See IRM 5.11.1.2.2.10, Waiver of Notice of Intent to Levy/Notice of Right to a Hearing.
What IRS Must Do You Before Taking Your Money
1. The IRS Code imposes a number of conditions that must be met before the IRS may levy.
In addition, there are certain restrictions that limit the timing of a levy.
These include:
A. the investigation of the status of the property;
B. notice and demand;
C. notice of intent to levy;
D. collection due process (CDP) rights; and
Notice and Demand Must Be Made, it’s the law. Don’t bullied!
1. The IRS MUST give the taxpayer a notice stating the amount of the tax liability and demanding payment of it as soon as practicable, but within 60 days after assessment of the tax. IRC § 6303(a).
2. Notice and demand of the assessed tax is necessary prior to levy under IRC § 6331(a), and is also a prerequisite to the creation of the federal tax lien under IRC § 6321.
However, pursuant to Treas. Reg. § 301.6303-1(a), the failure to give notice within 60 days does not invalidate the notice. Therefore, a late notice and demand given more than 60 days after assessment is a valid notice and demand for purposes of levy under IRC § 6331(a) and the creation of the federal tax lien under IRC § 6321.
3. An immediate payment of the tax is normally not demanded unless delay would jeopardize the collection.
4. Notice and demand need not personally be served upon the taxpayer to validate such notice.
NOTICE AND DEMAND Regs
The notice and demand must be left at the dwelling or usual place of business of the taxpayer or mailed to his/her last known address.
If doubt exists as to the dwelling, place of business or last known address, the notice should be delivered or mailed to all of the available addresses.
5. Payment of only a portion of the tax after notice and demand represents neglect or refusal to pay.
A levy made before the expiration of the 10-day period after notice and demand, as well as a levy made before notice and demand, is invalid. L.O.C. Indus. Inc. v. United States, 423 F. Supp. 265 (M.D. Tenn. 1976).
A levy for a tax liability for which notice and demand was not made is invalid.
Notification of a proposed assessment does not eliminate the need for notice and demand for payment of the tax once the assessment is made.
Call us today for initial tax consultation. Since 1982.
We are true tax experts that can get your IRS levy released & can settle your case as well.
IRS LEVY RELEASES + FAST AFFORDABLE + SETTLE YOUR TAX DEBT + FORMER IRS
by Fresh Start Tax | Jun 22, 2016 | Tax Help
We are composed of former IRS agents and managers with over 95 years of direct IRS work experience. Since 1982, A plus Rated.
We have been in practice since 1982. we have worked out of the local Miami and Fort Lauderdale IRS offices as agents, supervisors, and teaching instructors. We know all the inside systems of Internal Revenue Service and we are one of your best sources if you are undergoing an IRS tax audit.
We are true experts and IRS audits and appeals hearings.
Call us today for a free initial tax consultation.
How far back can the IRS go to audit my return?
Generally, the IRS can include returns filed within the last three years in an audit.
Additional years can be added if a substantial error is identified.
Generally, if a substantial error is identified, the IRS will not go back more than the last six years.
The IRS tries to audit tax returns as soon as possible after they are filed.
Accordingly most audits will be of returns filed within the last two years.
If an audit is not resolved, you may be asked to extend the statute of limitations for assessment tax.
The statute of limitations limits the time allowed to assess additional tax.
The statute of limitations is generally three years after a return is due or was filed, whichever is later.
There is also a statute of limitations for making refunds. Extending the statute will allow you additional time to provide further documentation to support your position, request an appeal if you do not agree with the audit results, or to claim a tax refund or credit.
It also allows the IRS time to complete the audit and provides time to process the audit results.
You do not have to agree to extend the statute of limitations date.
However, if you do not agree, the auditor will be forced to make a determination based upon the information provided.
IRS Tax Audit Experts + Miami, Ft Lauderdale + How Far Back Can IRS Audit
