by Jim Magary | Feb 1, 2016 | Tax Help
Affordable Former IRS Agents + Stop a IRS Tax Levy, Wage Garnishment NOW + Since 1982 + A plus BBB
We are former IRS agents and managers who know the system can stop an IRS bank levy, wage garnishment levy, or any tax levy you may have received.
We are a local tax firm that had been practicing right here in South Florida since 1982.
As former IRS agents we work out the Fort Lauderdale, and Miami offices.
If have if you have been notified by your employer or a bank that they have received a levy notice from the Internal Revenue Service, call us today for an initial consultation and start the process to immediately receiving your money back.
We cannot only stop your IRS bank levy or wage garnishment we can settle and close your case off the IRS enforcement computer at the same time.
Within 24 hours of receiving your current financial statement we can go ahead and get your money back in your case closed and settled with the Internal Revenue Service.
As former IRS agents we used to send out bank levies and wage garnishment so it only makes sense that we know the processes and systems to release them.
We have over 65 years of former IRS work experience in the local, district, and regional tax offices of the Internal Revenue Service. As former IRS agents and managers we were teaching instructors and work to supervisors throughout the region.
You can call us today for initial tax consultation and we can walk you through the process within 10 minutes.
How to Stop a IRS Bank Tax Levy or a IRS Wage Garnishment Levy
It is important to know where your cases in the system to begin the stop the IRS tax levy.
There is a difference between a bank levy in a wage levy garnishment.
Both are seizures, a bank levy is a freeze on your bank account for 21 days where as a wage levy is an immediate seizure on your wage.
There is also a difference between an IRS levy and a tax lien. A tax levy is a seizure and the tax lien is placed in the County of your residence to put the public on notice you owe back tax debt to the Internal Revenue Service.
IRS files 1.8 million tax levies every year and files over 600,000 federal tax liens.
Some taxpayers were sent a IRS letter 11 indicating that a tax levy was the next step, while others have been sent a IRS tax levy from the ACS unit out of various IRS offices, while others have been sent tax levies by revenue officers in the local offices.
If you have received IRS letter 11 there is a collection due process hearing that can stop the IRS levy.
If your case is in the ACS unit or the local office we can simply send over a power of attorney and start negotiation power to go ahead to get an immediate levy release and settle your IRS case at the same time.
IRS Final Notices before IRS Tax Levy or Garnishment
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?
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
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.
IRS Billing Notices for IRS Tax Levies & IRS Wage Garnishments
The IRS will send out final notices before levies and seizures after they generally send out a series of five billing notices. The IRS billing cycles are generally five weeks apart.
On the fourth notice, taxpayers will receive their final notice in which they can go ahead and file with the appeals division of Internal Revenue Service to stop the levy.
Not only can we go ahead and stop the IRS notice of intent to levy, we can settle your case at the same time.
All your tax returns are going to have to be filed and if that is an issue for you, with or without tax records we can prepare your tax returns.
How IRS May Settle Tax Debt
As a general rule, the Internal Revenue Service will take your current financial statement and after they reviewed your documented financial statement there is generally two ways IRS closes cases.
They generally closes your back taxes case by taxpayers putting you into a:
1.currently not collectible statuses or,
2. ask for a monthly payment agreement.
TAX FACTS :
For taxpayers who owe back taxes statistics show that 40% of all taxpayers are placed in currently not collectible status, while 6.5 million taxpayers enter monthly payment or installment agreement.
Some taxpayers can be eligible for the offer in compromise program to settle their debt for pennies on the dollar.
When we review every case we find out if you are offer in compromise candidate to make this happen.
Last year IRS accepted 38,000 taxpayers to settle their debt to the offer in compromise program for an average of $6500 per settlement.
Keep in mind your current documented financial statement will determine the settlement on your particular case if you are a suitable candidate for the offer in compromise.
All taxpayers before wanting to file an offer in compromise should walk through the IRS pre-qualifier tool.
We will carefully review your current financial statement and make sure you get the best possible settlement with Internal Revenue Service.
We are a full service tax firm specializing in IRS collection and audit matters. Since 1982, we are A+ rated by the Better Business Bureau.
Stop IRS Tax Levy, Wage Garnishments + Tax Liens + Settle Back Tax Debt Now + Former IRS + Pompano Beach + 33069, 33060, 33062
by Jim Magary | Feb 1, 2016 | Tax Help
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“Affordable” IRS Tax Professionals can easily resolve your problem, over 65 years of former IRS work experience. We know all the systems, file tax returns and Settle Back IRS Taxes!
We are a local tax firm. We worked out of the local South Florida IRS offices specifically in the Fort Lauderdale and Miami IRS offices.
If you need to file tax returns for past years there is a very simple process to get you into the back system worry free.
Not only can we go ahead and file your back tax returns we can also settle your tax that at the same time. Settlement sometimes mean getting put it current hardship, making payments or settling your debts through the offer in compromise program.
As former IRS agents and managers we have worked both sides of taxpayers problems and issues and there is a very systematic way to resolve your past due tax issues.
With or without tax records we can get you back in the system worry free. As former IRS agents and managers we can explain to you how to get back in the system without worry.
When you call us on your initial consultation we will walk you through the requirements.
Millions have not filed but it will catch up with you. at some point in time IRS will match up your W-2s and 1099 and find out there is no tax return on the system and they will investigate through what’s called the taxpayer delinquent investigation.
If you do not prepare your past due returns the Internal Revenue Service under 6020 B of the IRS code, IRS can prepare the tax returns for you.
You do not want this to happen to you. You will pay the highest amount allowed by law.
Believe it or not, millions of people have not file tax returns but at some point in your life you’re going to have to file, the big question is what is at process like? I’m going to prison? How much trouble am I in ?, or how can I do this without worry?.
There is a way to get back in the system without pain, HOW, simply file your tax returns.
The Big Question : How many back years do I file? Answer, read below
The answer varies on the facts of the case. As a general rule, as former IRS agents and managers we recommend you file anywhere between three and six years.
Some of the determining factors in making decisions are:
1. how much income have you made in the last six years,
2. what is your asset base,
3. what do your bank accounts look like,
4. have you always operated in cash,
5. what are your average monthly expenses for the time of nonfiling.
Tax Preparation for Never or UnFiled Tax Returns
If you are a W-2 or 1099 or wage earner it will be very easy to compute your income.
We can simply ask IRS for copies of income transcripts for the last six years.
IRS will provide to us all income reports on W-2’s and 1099 s. Tax reconstruction is easy and simple. We can find out what expenses you have and prepare your tax return based on reconstructive methods.
If you are a cash person we can back into your income by finding what you’re annualized monthly expenses are multiplying by 12 and come up with an average base for computing gross income.
We have prepared hundreds upon hundreds of tax returns of taxpayers who have never filed. We can walk you to the process and get you back in the system seamlessly.
Below you will find the IRS policy statement regarding people who will never file tax returns.
What happens if I owe back taxes, there are available programs to help settle tax debt?
If you will owe back taxes we will work out a tax settlement for you.
IRS will require a current financial statement on form 433F expect that financial statement to be fully documented. IRS will want copies of bank statements, pay stubs and all current expenses that you have. The Internal Revenue Service has standards of acceptable allowances. When you call our office we will review with you the national standards.
As a general rule, IRS places taxpayers who cannot pay their back tax debt into one of three categories to close back tax cases:
IRS will consider you either to be a:
1 . Current hardship,
2. a monthly candidate for payments, or
3. a tax debt settlement candidate for the offer in compromise program.
Keep in mind that the determination that IRS will make your open case if you owe back taxes is completely dependent on your current financial statement, therefore the filling out, the documentation will determine your outcome on your case.
That’s why it is critical you have a trustworthy tax firm help resolve these issues for you so you need not worry.
Policies + IRS has a policy statement regarding filing past due tax returns
1.2.14.1.18 (08-04-2006)
IRS Policy Statement 5-133
1. Delinquent or prior years tax returns—enforcement of filing requirements
2. Taxpayers failing to file tax returns will be requested to prepare and file all such returns except in instances where there is an indication that the taxpayer’s failure to file the required return or returns was willful or if there is any other indication of fraud.
All delinquent returns submitted by a taxpayer, whether upon his/her own initiative or at the request of a Service representative, will be accepted.
However, if indications of wilfulness or fraud exist, the special procedures for handling such returns must be followed.
3. Where it is determined that required returns have not been filed, the extent to which compliance for prior years will be enforced will be determined by reference to factors ensuring compliance and evenhanded administration of staffing and other Service resources.
4. Factors to be taken into account include, but are not limited to:
a. prior history of noncompliance,
b. existence of income from illegal sources, effect upon voluntary compliance, anticipated revenue, and collectibility, in relation to the time and effort required to determine tax due.
Consideration will also be given any special circumstances existing in the case of a particular taxpayer, class of taxpayer, or industry, or which may be peculiar to the class of tax involved.
5. Normally, application of the above criteria will result in enforcement of delinquency procedures for not more than six (6) years. There are special cases in which the IRS will ask for more than six years.
Those cases generally involve those with a great deal of access with a high potential of collection and probability. There are very few cases that meet this criteria.
Call us today for a free initial tax consultation.
You can speak to true IRS tax experts regarding the nonfiling of federal tax returns and the settling of your tax debt to the various programs offered by IRS.
We have over 206 years of professional tax experience in over 65 years working directly for the Internal Revenue Service in the local, district, and regional tax offices of the IRS.
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IRS Taxes + Unfiled Tax Returns + Settle IRS Back Tax Debt + Payments Plans + Tax Liens + Tax Levies + Former IRS + Pompano Beach + 33069, 33060, 33062
by Jim Magary | Feb 1, 2016 | Tax Help
We are former AFFORDABLE former IRS agents & managers who know the system. Since 1982, Local Tax Firm in South Florida.
Do you owe payroll tax debt or back trust fund tax debt or have any other problem with the Internal Revenue Service. We can resolve any IRS tax debt or nonfiling issues.
We are AFFORDABLE IRS tax experts and specialists.
We are an IRS services business that can help you in any facet of an IRS or state tax problem. We have over 65 years of working directly for the local IRS offices.
We have worked to supervisors, managers and teaching instructors right here in South Florida. We know the system inside and out.
After your first initial tax consultation we can provide an exit strategy for all cases.
Let our years of experience be your best ally.
Call us today and find out all your options on how to get immediate and permanent IRS tax relief. understanding the IRS systems is part of getting immediate and permanent IRS tax relief.
We know what the closing standards are of the case and we know that the submission of your package is key to settling your tax debt.
You can speak to a former IRS agent or manager who has worked this system for years. You will not find more experience IRS tax experience for IRS tax problems.
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 corporations 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?
The usual suspects found liable by IRS are usually those that were:
- 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 willfully and with full knowledge chose not to pay the payroll tax liability.
You’ll know if you are one of these persons because you will receive IRS form 2751 & 1153 indicating a proposed notice of assessment against you.
There are various options available. As soon as we review your case we can instantly tell you ways to help resolve your problem.
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.
There are various options you have for tax relief: YES!
The basic options include:
1. trust fund appeals, the possibility of an offer in compromise, doubt to liability,
2.hardships, or currently not collectible,
3. payments plan, and
4. the offer in compromise, if you are a qualified and suitable candidate.
5. bankruptcy is another option.
The Process of Getting IRS Tax Debt Relief on Trust Fund Tax Debt
We need to look to find out if you were truly responsible under 6672 of the IRS code. many time IRS ram rods these penalties to people who truly were not responsible for trust fund taxes.
I’ve work so many cases and being a former IRS agent IRS just tries to set these penalties up against everybody and many people do not have proper representation to fight IRS.
We will carefully review your case to find out if you were truly responsible for the trust fund penalty.
We will conduct a review to find out if there is any way that we can appeal for change the assessment of this trust fund tax.
If we feel we would’ve beat this assessment through the appellate process we can go ahead and file an offer in compromise as to doubt as to liability and appeal this assessment.
If you are responsible for the tax, IRS will take a current financial statement and make a determination based on the collectibility of the tax.
How the Internal Revenue Service will work your case if you owe the 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 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 has the option to:
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 placed 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.
What is an offer in compromise? OIC
It is an agreement between a taxpayer and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed.
Taxpayers who can fully pay the liabilities through an installment agreement or other means, will not be eligible for a OIC in most cases.
In order to be eligible for a OIC, the taxpayer must have filed all tax returns, made all required estimated tax payments for the current year and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees.
In most cases, the IRS will not accept a OIC unless the amount offered by a taxpayer is equal to or greater than the reasonable collection potential (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, and other property.
In addition to property, the RCP also includes anticipated future income less certain amounts allowed for basic living expenses.
The IRS may accept a OIC based on three grounds:
1• First, the IRS can accept a compromise if there is doubt as to liability. A compromise meets this only when there is a genuine dispute as to the existence or amount of the correct tax debt under the law.
2• Second, the IRS can accept a compromise if there is doubt that the amount owed is fully collectible. Doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.
3• Third, the IRS can accept a compromise based on effective tax administration. An offer may be accepted based on effective tax administration when there is no doubt that the tax is legally owed and 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.
When submitting a OIC based on doubt as to collectibility or based on
effective tax administration, taxpayers must use the most current version of:
1. Form 656, Offer in Compromise, and also submit Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or,
2. Form 433-B (OIC), Collection Information Statement for Businesses. A taxpayer submitting a OIC based on doubt as to liability must file a Form 656-L (PDF), Offer in Compromise (Doubt as to Liability), instead of Form 656 and Form 433-A (OIC) and/or Form 433-B (OIC).
Form 656 and referenced collection information statements are available in the Offer in Compromise Booklet, Form 656-B (PDF).
In general, a taxpayer must submit a $186 application fee with the Form 656. Do not combine this fee with any other tax payments.
However, there are two exceptions to this requirement:
• First, no application fee is required if the OIC is based on doubt as to liability.
• Second, the fee is not required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception.
This exception applies if the taxpayer’s total monthly income falls at or below 250 percent of the poverty guidelines published by the Department of Health and Human Services. Section 4 of Form 656 contains the Low Income Certification guidelines to assist taxpayers in determining whether they qualify for the low-income exception.
A taxpayer who claims the low-income exception must complete section 4 of Form 656 and check the certification box.
Options: Taxpayers may choose to pay the offer amount in a lump sum or in installment payments.
A “lump sum cash offer” is defined as an offer payable in 5 or fewer installments within 5 or fewer months after the offer is accepted. If a taxpayer submits a lump sum cash offer, the taxpayer must include with the Form 656 a nonrefundable payment equal to 20 percent of the offer amount.
This payment is required in addition to the $186 application fee.
The 20 percent payment is “nonrefundable” meaning it will not be returned to the taxpayer even if the offer is rejected or returned to the taxpayer without acceptance.
Instead, the 20 percent payment will be applied to the taxpayer’s tax liability. The taxpayer has a right to specify the particular tax liability to which the IRS will apply the 20 percent payment.
An offer is called a “periodic payment offer” under the tax law if it is payable in 6 or more monthly installments and within 24 months after the offer is accepted.
When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656.
This payment is required in addition to the $186 application fee.
This amount is nonrefundable, just like the 20 percent payment required for a lump sum cash offer.
Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer.
These amounts are applied to the tax liabilities and the taxpayer has a right to specify the particular tax liabilities to which the periodic payments will be applied.
Upon acceptance of a OIC, the taxpayer may no longer designate offer payments to any specific tax liability covered in the offer agreement.
Ordinarily, the statutory time within which the IRS may engage in collection activities is suspended during the period that the OIC is under consideration, and is further suspended if the OIC is rejected by the IRS and where the taxpayer appeals the rejection to the IRS Office of Appeals within 30 days from the date of the notice of rejection.
If the IRS accepts the taxpayer’s offer, the IRS expects that the taxpayer will have no further delinquencies and will fully comply with the tax laws.
The offer in compromise requires a lot of skill because reviewed by several layers of Internal Revenue Service. I should know, I am former IRS agent and teaching instructor of the offer in compromise.
When IRS works an offer in compromise the agent working the case as a general rule will spend at least 20 to 30 hours of working time from start to finish on a completed offer.
Call us today for a free initial tax consultation.
IRS Tax Problem Help Services + Owe Payroll Tax Debt 941 + IRS Trust Fund Taxes + Make IRS Payments + Settle Taxes + Pompano Beach + 33069, 33060, 33062
by Jim Magary | Jan 28, 2016 | Tax Help
We are a AFFORDABLE full service tax firm that specializes South Florida Sales Tax Audit Defense and Back Tax Debt for Florida Sales Tax. Local Tax Firm South Florida Firm.
We are the affordable Sales Tax Experts in the State of Florida composed of Florida Sales CPA’s and Former Government Agents who specialize in Florida Sales Tax Issues, Tax Representation and Tax Problems.
Since 1982, we have been resolving sales tax issues for the state of Florida. Let our years of experience work for you. We know all the systems, processes, and settlement formulas.
If you are having any issues, received the letter or notification that you are being audited, it is wise to get a free initial tax consultation so we can walk you through the process and let you know what you are going to experience.
It is important that you get an experienced and knowledgeable form to reduce any liability that you may incur. If you owe tax, we will work out a resolution as well.
Florida’s Department of Revenue is sending out more enforcement and audit notices than they have in their history.
If you have received a Notice or Letter from the Criminal Division the only person you should be speaking with is a competent and experienced Florida Sales Tax Attorney and no one else. Only a Florida Sales Tax Attorney can protect you under Attorney-Client Privilege.
There are several steps that you can take to fix your Sales Tax Problem immediately.
After a quick review of your case and audit letter we can let you know exactly the direction that your case will take and give you an accurate and fair indication of what you are looking at. If you’re go back taxes as a result of this we can settle your case is well.
Fresh Start Tax LLC has its main office in Ft. Lauderdale, Florida and the firms staff consists of CPA’S, former IRS agents and former instructors who have worked hand in hand with the Florida’s Sales Tax and the Department of Revenue.
Fresh Start Tax and it’s principles have handled thousands and thousands of cases over the years, both in government service and in their professional practice. We use a private practice firm for any criminal cases.
Our typical client is one that has not filed or not reported matters involving sales taxes and or IRS related issues.
We handle cases all through the State of Florida, since 1982.
Our professionals are members of various National Organizations, have been keynote speakers on tax issues and are certified by the Florida Department of Professional Regulation to administer and teach other professionals in their continuing educational programs. We are the professionals professional.
State of Florida sales tax representation includes the following matters with the Florida Department of Revenue:
• Tax audits on any and all sales tax issues and matters,
• Non-filing matters,
• Criminal investigations that are referred to attorneys that best fit your profile,
• Department of Revenue enforcement action or warrant proceedings
• Stipulated time payments,
• Requests for settlements or Compromise
The Keys to resolving your Florida Sales Tax Problem
There are several keys to make sure your case is resolved timely. These keys are necessary on every case. The Department of Revenue is interested in resolving the cases in their system. The DOR goal is to close cases and get them out of their inventory.
Here are the keys necessary to stop enforcement action on your back taxes.
• Have all your tax returns filed before you call Florida Sales Tax and the Department of Revenue on your back tax issues.
• Be prepared to give the Department of Revenue a financial statement whether you are a hardship candidate, want an installment agreement or want to settle your case.
• Be prepared to give the Department of Revenue all supporting documentation to prove your financial statement.
• Make sure you are current on deposit requirements. both the federal and state governments want to make sure you are in full compliance with the tax reporting requirements. therefore when we contact IRS we want to make sure all tax returns are timely and all the latest depositories are filed in on record.
Tax Audits : The State of Florida, Department of Revenue audit taxpayers to:
• Enforce Florida tax laws uniformly.
• Deter tax evasion.
• Promote voluntary compliance.
• Educate taxpayers.
As a general rule, the State of Florida Sales Division accepts most tax returns as filed, however they audit some returns to verify accuracy and evaluate compliance.
Florida Sales Tax Audits do not always result in the taxpayer owing 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 And Why Are Taxpayers Selected for Audit by the Florida Sales Tax Division
The methods for selecting a business or individual to audit vary from tax to tax.
Here are some examples of sources we use to identify a potential audit candidate:
• Internal Revenue Service information.
• Information sharing programs with other states and state agencies.
• Computer-based random selection.
• Analysis of Florida tax return information.
• Business publications, periodicals, journals, and directories.
What Types of Records Will I Need to provide to an Auditor or Inspector?
When we notify you of our intent to audit, we will also tell you what records you will need to provide.
The types of records may include, but are not limited to:
1. General ledgers and journals
2. Cash receipt and disbursement journals
3. purchase and sales journals
4. Sales tax exemption or resale certificates
5. Florida tax returns
6. Federal tax returns
7. Depreciation schedules
8. Property records
9. Other documentation to verify amounts entered on tax returns
You must keep your records for three years since an audit can extend back that far.
The Department may audit for periods longer than three years if you did not file, or filed a substantially incorrect return or payment.
Florida Sales Tax Audit + Defense, Representation & Owe Sales Tax Debt, Specialists + Former Agents
by Jim Magary | Jan 28, 2016 | Tax Help
We are former AFFORDABLE former IRS agents & managers who know the system. Since 1982, Local Tax Firm in South Florida.
Do you owe payroll tax debt or back trust fund tax debt or have any other problem with the Internal Revenue Service.
We can resolve any IRS tax debt or nonfiling issues.
We are an IRS services business that can help you in any facet of an IRS or state tax problem.
We have over 65 years of working directly for the local IRS offices.
We have worked to supervisors, managers and teaching instructors right here in South Florida. We know the system inside and out.
After your first initial tax consultation we can provide an exit strategy for all cases. Let our years of experience be your best ally.
Call us today and find out all your options on how to get immediate and permanent IRS tax relief. understanding the IRS systems is part of getting immediate and permanent IRS tax relief.
We know what the closing standards are of the case and we know that the submission of your package is key to settling your tax debt.
You can speak to a former IRS agent or manager who has worked this system for years. You will not find more experience IRS tax experience for IRS tax problems.
Trust Fund Taxes, 6672 IRC
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 corporations 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?
The usual suspects found liable by IRS are usually those that were:
- 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 willfully and with full knowledge chose not to pay the payroll tax liability.
You’ll know if you are one of these persons because you will receive IRS form 2751 & 1153 indicating a proposed notice of assessment against you. You must respond within the given date to appeal your trust will satisfy assessment. These letters are all time sensitive.
There are various options available. As soon as we review your case we can instantly tell you ways to help resolve your problem.
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.
There are various options you have for tax relief: YES!
The basic options include:
1. trust fund appeals, the possibility of an offer in compromise, doubt to liability,
2.hardships, or currently not collectible,
3. payments plan, and
4. the offer in compromise, if you are a qualified and suitable candidate.
5. bankruptcy is another option.
The Process of Getting IRS Tax Debt Relief on Trust Fund Tax Debt
We need to look to find out if you were truly responsible under 6672 of the IRS code. many time IRS ram rods these penalties to people who truly were not responsible for trust fund taxes.
I’ve work so many cases and being a former IRS agent IRS just tries to set these penalties up against everybody and many people do not have proper representation to fight IRS.
We will carefully review your case to find out if you were truly responsible for the trust fund penalty.
We will conduct a review to find out if there is any way that we can appeal for change the assessment of this trust fund tax.
If we feel we would’ve beat this assessment through the appellate process we can go ahead and file an offer in compromise as to doubt as to liability and appeal this assessment.
If you are responsible for the tax, IRS will take a current financial statement and make a determination based on the collectibility of the tax.
How the Internal Revenue Service will work your case if you owe the 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 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 Cases are closed by, IRS has the option to:
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 placed 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.
What is an offer in compromise? OIC
It is an agreement between a taxpayer and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed.
Taxpayers who can fully pay the liabilities through an installment agreement or other means, will not be eligible for a OIC in most cases.
In order to be eligible for a OIC, the taxpayer must have filed all tax returns, made all required estimated tax payments for the current year and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees.
In most cases, the IRS will not accept a OIC unless the amount offered by a taxpayer is equal to or greater than the reasonable collection potential (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, and other property.
In addition to property, the RCP also includes anticipated future income less certain amounts allowed for basic living expenses.
The IRS may accept a OIC based on three grounds:
1• First, the IRS can accept a compromise if there is doubt as to liability. A compromise meets this only when there is a genuine dispute as to the existence or amount of the correct tax debt under the law.
2• Second, the IRS can accept a compromise if there is doubt that the amount owed is fully collectible. Doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.
3• Third, the IRS can accept a compromise based on effective tax administration. An offer may be accepted based on effective tax administration when there is no doubt that the tax is legally owed and 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.
When submitting a OIC based on doubt as to collectibility or based on effective tax administration, taxpayers must use the most current version of:
1. Form 656, Offer in Compromise, and also submit Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or,
2. Form 433-B (OIC), Collection Information Statement for Businesses. A taxpayer submitting a OIC based on doubt as to liability must file a Form 656-L (PDF), Offer in Compromise (Doubt as to Liability), instead of Form 656 and Form 433-A (OIC) and/or Form 433-B (OIC).
Form 656 and referenced collection information statements are available in the Offer in Compromise Booklet, Form 656-B (PDF).
In general, a taxpayer must submit a $186 application fee with the Form 656. Do not combine this fee with any other tax payments.
However, there are two exceptions to this requirement:
• First, no application fee is required if the OIC is based on doubt as to liability.
• Second, the fee is not required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception.
This exception applies if the taxpayer’s total monthly income falls at or below 250 percent of the poverty guidelines published by the Department of Health and Human Services. Section 4 of Form 656 contains the Low Income Certification guidelines to assist taxpayers in determining whether they qualify for the low-income exception.
A taxpayer who claims the low-income exception must complete section 4 of Form 656 and check the certification box.
Options: Taxpayers may choose to pay the offer amount in a lump sum or in installment payments.
A “lump sum cash offer” is defined as an offer payable in 5 or fewer installments within 5 or fewer months after the offer is accepted. If a taxpayer submits a lump sum cash offer, the taxpayer must include with the Form 656 a nonrefundable payment equal to 20 percent of the offer amount.
This payment is required in addition to the $186 application fee.
The 20 percent payment is “nonrefundable” meaning it will not be returned to the taxpayer even if the offer is rejected or returned to the taxpayer without acceptance.
Instead, the 20 percent payment will be applied to the taxpayer’s tax liability. The taxpayer has a right to specify the particular tax liability to which the IRS will apply the 20 percent payment.
An offer is called a “periodic payment offer” under the tax law if it is payable in 6 or more monthly installments and within 24 months after the offer is accepted.
When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656.
This payment is required in addition to the $186 application fee. This amount is nonrefundable, just like the 20 percent payment required for a lump sum cash offer. Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer.
These amounts are applied to the tax liabilities and the taxpayer has a right to specify the particular tax liabilities to which the periodic payments will be applied.
Upon acceptance of a OIC, the taxpayer may no longer designate offer payments to any specific tax liability covered in the offer agreement.
Ordinarily, the statutory time within which the IRS may engage in collection activities is suspended during the period that the OIC is under consideration, and is further suspended if the OIC is rejected by the IRS and where the taxpayer appeals the rejection to the IRS Office of Appeals within 30 days from the date of the notice of rejection.
If the IRS accepts the taxpayer’s offer, the IRS expects that the taxpayer will have no further delinquencies and will fully comply with the tax laws.
The offer in compromise requires a lot of skill because reviewed by several layers of Internal Revenue Service. I should know, I am former IRS agent and teaching instructor of the offer in compromise.
When IRS works an offer in compromise the agent working the case as a general rule will spend at least 20 to 30 hours of working time from start to finish on a completed offer.
Call us today for a free initial tax consultation. We are former IRS agents & MANAGERS WHO HAVE WORKED thousands of cases.
IRS Tax Problem Help Services + Owe Payroll Tax Debt + IRS Trust Fund Taxes + Make IRS Payments + Settle Taxes
by Jim Magary | Jan 28, 2016 | Tax Help
We are a AFFORDABLE full service tax firm that specializes South Florida Sales Tax Audit Defense and Back Tax Debt for Florida Sales Tax. Local Tax Firm South Florida Firm.
We are the affordable Sales Tax Experts in the State of Florida composed of Florida Sales CPA’s and Former Government Agents who specialize in Florida Sales Tax Issues and Problems.
Since 1982, we have been resolving sales tax issues for the state of Florida. Let our years of experience work for you. We know all the systems, processes, and settlement formulas.
If you are having any issues, received the letter or notification that you are being audited, it is wise to get a free initial tax consultation so we can walk you through the process and let you know what you are going to experience.
It is important that you get an experienced and knowledgeable form to reduce any liability that you may incur. If you owe tax, we will work out a resolution as well.
Florida’s Department of Revenue is sending out more enforcement and audit notices than they have in their history.
If you have received a Notice or Letter from the Criminal Division the only person you should be speaking with is a competent and experienced Florida Sales Tax Attorney and no one else.
Only a Florida Sales Tax Attorney can protect you under Attorney-Client Privilege.
There are several steps that you can take to fix your Sales Tax Problem immediately.
After a quick review of your case and audit letter we can let you know exactly the direction that your case will take and give you an accurate and fair indication of what you are looking at. If you’re go back taxes as a result of this we can settle your case is well.
Some information you should know.
A Professional and Experienced Firm, A plus Rated BBB.
Fresh Start Tax LLC has its main office in Ft. Lauderdale, Florida and the firms staff consists of CPA’S, former IRS agents and former instructors who have worked hand in hand with the Florida’s Sales Tax and the Department of Revenue.
Fresh Start Tax and it’s principles have handled thousands and thousands of cases over the years, both in government service and in their professional practice.
We use a private practice firm for any criminal cases.
Our typical client is one that has not filed or not reported matters involving sales taxes and or IRS related issues.
We handle cases all through the State of Florida.
Our professionals are members of various National Organizations, have been keynote speakers on tax issues and are certified by the Florida Department of Professional Regulation to administer and teach other professionals in their continuing educational programs. We are the professionals professional.
State of Florida sales tax representation includes the following matters with the Florida Department of Revenue:
• Tax audits on any and all sales tax issues and matters,
• Non-filing matters,
• Criminal investigations that are referred to attorneys that best fit your profile,
• Department of Revenue enforcement action or warrant proceedings
• Stipulated time payments,
• Requests for settlements or Compromise
The Keys to resolving your Florida Sales Tax Problem
There are several keys to make sure your case is resolved timely. These keys are necessary on every case. The Department of Revenue is interested in resolving the cases in their system. The DOR goal is to close cases and get them out of their inventory.
Here are the keys necessary to stop enforcement action on your back taxes.
• Have all your tax returns filed before you call Florida Sales Tax and the Department of Revenue on your back tax issues.
• Be prepared to give the Department of Revenue a financial statement whether you are a hardship candidate, want an installment agreement or want to settle your case.
• Be prepared to give the Department of Revenue all supporting documentation to prove your financial statement.
• Make sure you are current on deposit requirements.
Are you being Audited by Florida DOR, Read Carefully
The State of Florida, Department of Revenue audit taxpayers to:
• Enforce Florida tax laws uniformly.
• Deter tax evasion.
• Promote voluntary compliance.
• Educate taxpayers.
As a general rule, the State of Florida Sales Division accepts most tax returns as filed, however they audit some returns to verify accuracy and evaluate compliance.
Florida Sales Tax Audits do not always result in the taxpayer owing 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 Are Taxpayers Selected for Audit by the Florida Sales Tax Division
The methods for selecting a business or individual to audit vary from tax to tax.
Here are some examples of sources we use to identify a potential audit candidate:
• Internal Revenue Service information.
• Information sharing programs with other states and state agencies.
• Computer-based random selection.
• Analysis of Florida tax return information.
• Business publications, periodicals, journals, and directories.
What Types of Records Will I Need to Provide to an Auditor or Inspector?
When we notify you of our intent to audit, we will also tell you what records you will need to provide.
The types of records may include, but are not limited to:
1. General ledgers and journals
2. Cash receipt and disbursement journals
3. Purchase and sales journals
4. Sales tax exemption or resale certificates
5. Florida tax returns
6. Federal tax returns
7. Depreciation schedules
8. Property records
9. Other documentation to verify amounts entered on tax returns
You must keep your records for three years since an audit can extend back that far.
The Department may audit for periods longer than three years if you did not file, or filed a substantially incorrect return or payment.
Florida Sales Tax Audit + Defense, Representation & Owe Sales Tax Debt, Specialists + Former Agents + Hallandale, 33309 + Dania, 33304
