by Fresh Start Tax | Oct 2, 2013 | Tax Help
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We have over 206 years of professional tax experience over 60 years of combined IRS work experience in over 16 years with the state of Florida Department of revenue.
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- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
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- Payment Plans, Installment Agreements, Structured agreements
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by Fresh Start Tax | Oct 2, 2013 | Tax Help
After years of making taxpayers suffer, the Internal Revenue Service has come up with a new program that will help thousands and thousands of taxpayers.
As a former IRS agent I cannot tell you the amount of times I’ve signed a federal tax lien.
It would be in the thousands. We would file lien at the drop of a hat.We had to file those federal tax liens because that was the IRS policy. But now after years of taxpayer hardships, complaints and new IRS programs, the Internal Revenue Service is making it easier to each of federal tax lien released
The federal tax lien is very damaging to taxpayers for years to come because of what it does to a taxpayer’s credit score.
One of the problems in trying to pay the Internal Revenue Service in full, it limits the amount of money you could borrow, secure a loan to pay the tax off in full because of the lien has such a damaging impact.
New IRS Program to Get a Federal Tax Lien Released The Fresh Start changes increase the IRS Notice of Federal Tax Lien filing threshold from $5,000 to $10,000.
Notices of Federal Tax Liens may still be filed on amounts less than $10,000 when circumstances warrant however the IRS will not retroactively apply the new $10,000 lien notice filing threshold and automatically withdraw a previously filed lien.
Requesting a lien withdrawal after the lien has been released
The IRS may now issue a withdrawal of a filed Notice of Federal Tax Lien after the lien has been released.
If you wish to have the Notice of Federal Tax Lien withdrawn, you must request the withdrawal in writing.
Please use Form 12277, Application for Withdrawal (PDF).
In item 11, Reason for requesting withdrawal, check the last box,
“The taxpayer, or the Taxpayer Advocate acting on behalf of the taxpayer, believes withdrawal is in the best interest of the taxpayer and the government.”
Generally, eligibility requirements are:
- Your tax liability has been satisfied and your lien has been released
- You are in compliance for the past three years in filing:
- All individual and business returns
- You are current on your estimated tax payments and federal tax deposits, as applicable.
- Notice of Federal Tax Lien withdrawal after entering into a Direct Debit installment agreement.
If you are a qualifying taxpayer and meet the eligibility requirements, you may have your filed Notice of Federal tax Lien withdrawn after entering into a Direct Debit installment agreement.
Your request for lien withdrawal must be in writing. Please use Form 12277, Application for Withdrawal (PDF). In item 11, :
“Reason for requesting withdrawal,” check the third box , “The taxpayer is under a Direct Debit Installment Agreement.“
Qualifying taxpayers are:
- Businesses with income tax liability only
- Out of business entities with any type of tax debt
Eligibility Requirements are:
The current amount you owe must be $25,000 or less
If you owe more than $25,000, you may pay down the balance to $25,000 prior to requesting the lien withdrawal to be eligible.
Your Direct Debit Installment Agreement must full pay the amount you owe within 60 months or before the Collection Statute expires, whichever is earlier, also:
- You must be in full compliance with other filing and payment requirements
- You must have made three consecutive direct debit payments
- You cannot have previously received a lien withdrawal for the same taxes unless the withdrawal was for an improper filing of the lien
- You cannot have defaulted on your current, or any previous, direct debit installment agreement
If you are currently on a regular installment agreement, you may convert to a Direct Debit Installment Agreement.
If you default on your Direct Debit Installment Agreement
If you default on your Direct Debit Installment Agreement after the lien is withdrawn, a new notice of lien may be filed and collection efforts may resume.
Last year approximately 950,000 liens were filed by the Internal Revenue Service. you should be aware that if you contact IRS before the filing of the 1058 letter you have a good possibility of the IRS not filing your federal tax lien.
Contact us today to learn more.
New IRS Program to Get a Federal Tax Lien Released, Former IRS
by Fresh Start Tax | Oct 2, 2013 | Tax Help
Being a former IRS agent I understand the feelings of taxpayers receiving IRS final notices by certified mail.
Most of the taxpayer cases that I worked on as a former agent were petrified any time they got mail correspondence when I was working as a revenue officer.
Everyone dreads receiving mail from the Internal Revenue Service because there is usually nothing good in that letter.
Make sure you you pick up the Certified Mail
If you receive certified mail from the Internal Revenue Service, do not be afraid to sign for or pick up the mail.
It will be very helpful to bringing your case to a successful conclusion.
The certified mail from the Internal Revenue Service will indicate to us what your problem is, who to contact and help us be able to resolve your IRS situation and problem quickly. You’d be surprised at the number of people who bury their head in the sand and have ostrich syndrome.
If you are receiving IRS collection notices, make sure your tax professional is aware of this notice because the IRS will be sending out a notice of federal tax lien or tax levy.
A good professional tax company can stop all action just by calling the IRS.
Also if you hired a professional tax firm they will be receiving the same notice that you received because IRS must copy your power of attorney and all correspondence sent to their taxpayer clients.
Most of these IRS Final Notice letters are time sensitive.
If you do not respond to these letters/notices in a timely fashion as a general rule enforcement action from the Internal Revenue Service will follow up.
It is very important to pick up that notice/letter because the quicker you deal with it, the sooner your problems will go away.
Remember, this problem will not go away by itself, you must be proactive to get the results you need. Also remember at some point your case needs to be resolved, waiting simply will not help this problem.
Do not let fear stop you from moving forward. A good professional tax firm can minimize your worries.
Why picking up the mail notice/letter is your only true choice:
1. It lets the taxpayer know how long it will be before the IRS takes enforcement action. These letters are time sensitive. The IRS will follow up on the day the letter indicates.
2. It lets the taxpayer know where the case is in the system and which unit is handling it, allowing you to call the right IRS office and not waste time.
3. It allows the taxpayer to examine whether the tax deficiency on the IRS notice is correct or some things need to be addressed.
4. By calling the IRS, it lets them know you are serious about resolving the tax issue.
What to do when you read the letter
1. Examine the certified mail and make sure you understand its content and most of all find out if the tax liability you mail is correct.
2. Have a plan and an exit strategy on how you want to resolve the case.
3. Find out whether there is an appeals process in case you not get the results you are looking for.
4. Contact the IRS no later than the date shown on the letter.
5. If you are going to hire professional tax company make sure they are experienced in dealing with the specific issues you are facing.
6. In hiring a professional company,’s always talk to the person who will be directly working on your case so you get a good feeling where this case will go.
7. If this is an IRS collection case once again I remind you if you do not follow-up by the due date you can expect an IRS bank levy, wage garnishment notice when the filing of a federal tax lien.
8. If this is an IRS audit letter and you do not respond, the IRS may set the assessment up and you will have to then go ahead and reverse the entire process which will be very costly.
9. Contact us today for free initial tax consultation.
10. We are the affordable tax experts for solving IRS problems, situations and IRS matters.
Received IRS Final Notice, Certified Mail – Here is what to do, Former IRS
by Fresh Start Tax | Oct 1, 2013 | Tax Help
Being a former IRS agent and tax instructor a question that I am asked frequently is the following:
” If I need to file back tax returns should I file them separately or in the same envelope to the Internal Revenue Service?”
Short answer; File them all at the same time.
Taxpayers have an innate fear that if the Internal Revenue Service sees multiple returns that that send up a red flag and the IRS will come looking for them, start an investigation or become very suspicious.
That simply is not true.
As a matter of fact the Internal Revenue Service is just happy you’re filing your back tax returns and that you are going back into the system.
This happens so much that it is commonplace with the Internal Revenue Service.
The Internal Revenue Service does not have enough people, manpower to go ahead and keep up with everybody who has not filed their back tax returns.
File all your back tax returns and get back in the system and stop worrying.
We’ve been filing back tax returns for taxpayers since 1982 and to date by the grace of God we have not had one taxpayer audited as a result of multiple back filings. If in fact a person did go through the audit process because of back tax return filing it was simply because their tax return fell out of the national standards or norms.
When FST files back tax returns we do everything we can audit proof your tax return so this never becomes an issue between you and the Internal Revenue Service
Other Information – Full compliance check
There is absolutely no reason not to file these tax returns at the same time in the same envelope.
The reason is simple.
Anytime the Internal Revenue Services processes your case and the case goes to the ACS unit or the collection field unit the Internal Revenue Service and the IRS must conduct a full compliance check.
A full compliance check is a computer-generated review of your tax history. It lets IRS know how much you owe and what your tax returns have not been filed.
As a former agent when I see taxpayers that file tax returns year-by-year in separate envelopes I became very suspicious.
It was not that they were doing anything wrong but I felt as though they were trying to sneak back in the system. If they are trying to sneak back in the system I would ask myself what else are they trying to sneak about.
If you will owe back taxes as a result of your back tax return filing call us today and we can work out some sort of tax strategy tax settlement that you will be able to financially live with.
Being former IRS agents, managers, and teaching instructors we know all the protocols, systems and all the exit strategy so you can live in peace without worry.
Back Tax Returns to File ? File Tax Returns at the Same Time, Former IRS
by Fresh Start Tax | Oct 1, 2013 | Tax Help
Yes, the IRS can levy on Retirement, Pension Plans and even Social Security.
Being former IRS agents, managers and tax instructors we know the exact protocols and processes to get your IRS tax levy to be removed quickly.
Funds in Pension, Social Security or Retirement Plans
The Federal Payment Levy Program
A levy is a legal seizure of your property to satisfy a tax debt.The Internal Revenue Service has the right to seize almost everything.
Taxpayers with outstanding tax debts are subject to a levy on income and assets. The IRS must also give you a final notice and allow you your taxpayer rights before they can proceed with IRS enforcement.
If you are subject to the IRS levy, you will receive a notice from the IRS. If you do not pay the tax or contact the IRS within 30 days of the date of the notice, the IRS is allowed to levy on your income, assets and Social Security.
Once a levy is in place, the IRS may withhold monies from the federal payments you receive. This levy may continue until the entire amount of your federal tax debt is repaid or other payment arrangements are made, or the debt becomes unenforceable by law.
- What is a levy on Social Security benefits?
All taxpayers with outstanding tax debts are subject to a levy on assets and income sources, including Social Security benefits.
There are two ways the IRS may levy upon your Social Security benefits:
1. Automated Federal Payment Levy Program (FPLP) – The IRS is able to levy up to 15 percent of your Social Security benefits each month.
2. Manual (non-FPLP) levy – There is no restriction to how much the IRS can take from manual levies, however they take into account money for reasonable living expenses. if the Internal Revenue Service has filed a manual levy that usually means the local IRS office has your case. As a general rule revenue officers in the local office file manual IRS tax levies.
IRS levies on Social Security payments may include: retirement payments, survivor payments or disability insurance program payments.
IRS levies on Social Security payments will not include:
- children’s benefits,
- supplemental security income payments or lump sum death benefits.
- Is there financial relief if you are subject to a levy?
First, determine if you owe the tax.
If you do owe the tax, there may be options that can provide financial relief, including:
1. Audit Reconsideration – You may not have responded to an earlier IRS notice and the IRS may have assessed the liability based on certain assumptions. You may be able to ask the IRS to reconsider the assessment.
2. Innocent Spouse Relief – Generally, both you and your spouse are each responsible for paying the full amount of any tax, interest and penalties due on your joint return. However, you may be relieved of those amounts if your spouse (or former spouse) incorrectly included you on the joint return.
- What if I cannot pay the amount I owe?
You may also want to consider entering into an agreement with the IRS to find collection alternatives to repay your debt. You can also request to be classified as currently not collectible, the IRS has determined you cannot afford to pay the debt at this time, however the debt does not go away and penalties and interest will continue to be added to the debt.
- What if I am the guardian or conservator for a taxpayer?
If you are a guardian or conservator, you will need a Power of Attorney before the IRS can work with you or make any payment arrangements. A Power of Attorney can be obtained by completing Form 2848, Power of Attorney and Declaration of Representative. If the taxpayer is incapacitated, you should still complete a Form 2848 as well as attach legal documentation that allows you to act on the taxpayer’s behalf.
IRS Tax Levy on Retirement, Pension Plans, Social Security – Get IRS Levy Released
by Fresh Start Tax | Sep 30, 2013 | Tax Help
Yes the long arm of the Internal Revenue Service can grab your tax refund for unpaid child support, certain federal and state and unemployment compensation debts and a variety of other problems you have may have found yourself having.
This action is called the tax refund offset policy.
At some point in time you must take your this tax obligation or settle your tax debt so this does not happen.
We may be able to take care of your tax debt through the filing of an offer in compromise or a tax debt reduction.
When you are ready to deal with this contact us today for a free initial context consultation and let us get IRS off your back permanently.
Refund Offsets: For Unpaid Child Support, and Certain Federal, State and Unemployment Compensation Debts
The Department of Treasury’s Financial Management Service (FMS), which issues IRS tax refunds, has been authorized by Congress to conduct the Treasury Offset Program. Through this program, your refund or overpayment may be reduced by FMS and offset to pay:
- Federal agency non-tax debts;
- State income tax obligations; or
- Certain unemployment compensation debts owed to a state.
You should contact the agency with which you have a debt, to determine if your debt was submitted for a tax refund offset.
Department of Treasury’s Financial Management Service
You may call FMS at the number below for an agency address and phone number. If your debt was submitted for offset, FMS will take as much of your refund as is needed to pay off the debt and send it to the agency you owe.
Any portion of your refund remaining after offset will be issued in a check to you or direct deposited for you.
FMS will send you a notice if an offset occurs.
The notice will reflect the original refund amount, your offset amount, the agency receiving the payment, and the address and telephone number of the agency. FMS will notify the IRS of the amount taken from your refund.
Contact the agency shown on the notice if you believe you do not owe the debt, or if you are disputing the amount taken from your refund.
If a notice is not received, contact FMS at 800-304-3107 or TDD 866-297-0517.
The available hours are Monday through Friday 7:30AM to 5:00PM CT. Contact the IRS only if your original refund amount shown on the FMS offset notice differs from the refund amount shown on your tax return.
If you filed a joint return and you are not responsible for the debt, but you are entitled to a portion of the refund, you may request your portion of the refund by filing Form 8379 (PDF), Injured Spouse Allocation.
You may file Form 8379 with your original joint tax return ( Form 1040 (PDF), Form 1040A (PDF), or Form 1040EZ (PDF)), with your amended joint tax return ( Form 1040X (PDF)), or by itself after you are notified of an offset.
If you file a Form 8379 with your joint return, write “INJURED SPOUSE” in the top left corner of the first page of the joint return. The IRS will process your Form 8379 before an offset occurs. If you file Form 8379 with your original or amended joint tax return, it may take 11 weeks for electronically-filed returns or 14 weeks if you file a paper return, to process your return.
If you file Form 8379 by itself, it must show both spouses’ social security numbers in the same order as they appeared on your joint income tax return. You, the “injured” spouse, must sign the form. Follow the instructions on Form 8379 carefully and be sure to attach the required forms to avoid delays.
Do not attach the previously filed joint tax return to the Form 8379. Send Form 8379 to the Service Center where you filed your original return and allow at least 8 weeks for the IRS to process your Form 8379.
We will compute the injured spouse’s share of the joint return for you. If you lived in a community property state during the tax year, we will divide the joint refund based upon state law.
Once again, at some point you must completely take care of your IRS problem were tax debt.
Contact us today to see how we can get a federal tax reduction through an offer in compromise.
IRS took your Tax Refund for Unpaid Child Support, State Refunds, Unemployment
