by Fresh Start Tax | Jul 9, 2013 | Tax Help
If you owe back taxes to the Internal Revenue Service call us for a free initial consultation. We are comprised of tax attorneys, certified public accountants and former IRS agents and managers with over 60 years working directly for the Internal Revenue Service.
We have worked in the local, district, and regional tax offices of the Internal Revenue Service.
While employed at the Internal Revenue Service we taught tax law to new agents and also taught the offer in compromise or tax debt settlement program.
We are true tax debt experts and some of the most experienced and proficient IRS tax consultants in the nation. Let our experience work for you.
Our firm has a total of 206 years of professional tax experience and we have been in private practice since 1982 and we are A+ rated by the Better Business Bureau.
Dealing with the IRS on Back Tax Issues
If you are going to deal with the IRS on a back tax issues it only makes sense to hire former IRS agents, managers, and tax instructors who know all the tax strategies, tax protocols, and tax settlement formulas.
There are different strategies that a taxpayer can use when dealing with the Internal Revenue Service and every case is different. Believe me when I tell you no two cases are the same. Certain factors will turn the case in a completely different direction.
Important Factors on Tax Debt
Being a former IRS agent and teaching instructor with the Internal Revenue Service there are four very important factors that the Internal Revenue Service will review when rendering a decision on your case.
Any good IRS tax consultant should be able to tell you these.
These four factors will determine how your case is going to be closed off of the IRS enforcement computer, they are :
- the amount of taxes owed,
- the type of taxes that are owed,
- whether you have filed all your tax returns, and
- the condition of your current financial statement.
As a general rule any individual, business, or corporation that owe back taxes will be required to fill out a IRS financial statement.
That financial statement should be prepared by a professional tax firm because there are many trap questions that the IRS will ask.
You can find those financial statements on our website.
IRS will expect full and completely documented financial statement and will want supporting documentation for the financial including all income verification over the last 3 to 6 months as well as a list of all verified expenses.
Be prepared to give IRS the last 3-6 months worth of bank statements and your last pay stub.
In reviewing your financial statement, you should know that IRS has test certain test requirements you must meet for allowable expenses.
IRS has formulas that they use and they are generally based on nationalized and regionalized expense averages.
You can find those national and regionalized standards on our website as well.
Your will want to make sure that all your tax returns are filed and up-to-date.
If you owe back payroll taxes, know that the IRS will take tougher stances and positions because these are trust fund taxes. The Internal Revenue Service treats taxpayers who owe payroll taxes Thanks more harshly and severely.
The Internal Revenue Service wants to make sure that a taxpayer is living within their means.
After IRS reviews the current financial statement IRS will make a determination on how they will proceed with the case. After the review of the financial statement the IRS will:
- either place that taxpayer into a currently non-collectible file,
- insist on a monthly payment plan or
- suggest to the taxpayer that they could be eligible for offering compromise. and handle all the negotiations
I cannot over emphasize to you when dealing with the Internal Revenue Service how critically important is your current financial statement.
That’s why it is critically important you use a tax professional or IRS tax consultant to both complete the financial statement and deal with the Internal Revenue Service.
Contact us today for a free initial tax consultation and we can go over the different tax options you have to deal with your back tax debt.
We are one of the nation’s premier firms when it comes to IRS tax consultations.
We provide nationwide tax relief and are certified and licensed in all 50 states. We are A+ rated by the Better Business Bureau.
We also have on staff tax attorneys, tax lawyers, certified public accountants and enrolled agents.
Tax Debt, IRS Tax Consultants – Former IRS Agents, Affordable, Nationwide Tax Relief
by Fresh Start Tax | Jul 9, 2013 | Tax Help
IRS Auditing Your TEFRA Partnership?
The audit procedures for a TEFRA partnership are one of the most complex in the Internal Revenue Code.
The partner known as the Tax Matters Partner acts as the liaison between the IRS and the partners.
The Tax Matters Partner (TMP) is responsible for keeping partners informed of tax administrative and judicial proceedings relating to the partnership.
The TMP has the authority to extend the statute of limitations for assessment with respect to partnership items on the behalf of all partners.
He can bind partners holding less than 1% interest in the partnership to a settlement with the IRS and determine in forum to litigate a partnership controversy.
Due to the complexity of the TEFRA audit procedures, the IRS in many instances fails to follow all of the required procedures for the examination of the partnership.
Further, there may be instances that the TMP and the remaining partners may have a conflict of interest as to specific matters which you may not be aware.
The audit of a TEFRA partnership can be appealed to the Appeals Division and if needed can be litigated in the Tax Court or Court of Federal Claims.
All of these appeals are complex and full of unexpected results to the unwary partner.
A client may have been assessed a deficiency based on an audit of a TEFRA partnership and not know it, until he receive a bill from the IRS for the unpaid balance. TEFRA deficiencies are assessed through computational adjustments, which means you have no appeal rights.
There are instances where the IRS has made an assessment of a deficiency attributable to TEFRA partnership adjustment that was not valid and the partner simply paid the deficiency amount without questioning it.
The appeal rights are through the TMP, if he did not exercise them; those appeal rights are expired. So its up to your client to be in contact with the TMP when the partnership is being audited and keep current with the proceedings.
If a taxpayers is the TMP of the partnership, he needs to be represented through the Examination process and the Appeals process so that the TMP makes the correct decision for the partnership.
He should decide whether he wants to bind the partnership to a settlement or let all of the remaining partners make their own decision.
If the taxpayer is a partner in the partnership, but not the TMP; he needs to make sure that the TMP is informing him of the progress of the examination.
He needs to know that the TMP has your client’s interest and whether to appeal the outcome of the partnership audit.
If your client was assessed a deficiency attributable to a TEFRA partnership audit, he needs first to know whether the assessment was valid. For the assessment to be valid, the correct waivers needed to be signed and properly executed by the IRS.
If you did not agree to the assessment, the taxpayer should ascertain that the IRS correctly assessed the tax. If the tax deficiency was properly assessed, you needs to ascertain that the correct deficiency was assessed.
If the assessment is invalid, the IRS must abate the assessment. If the amount assessed was valid, but was incorrect in the amount, the IRS, must abate the tax to reflect the correct amount.
If you are a taxpayer who is a partner in a TEFRA partnership and it is being currently examined, we can guide you through the TEFRA procedure to the best possible conclusion.
If you have been assessed a deficiency attributable to a TEFRA partnership adjustment, we can determine whether the assessment was valid and whether the amount assessed was correct.
If the assessment was not valid, we will then request that the IRS abate the assessment in full. If the assessment was valid, but the amount assessed was overstated, we will then request that the IRS abate the assessment to reflect the correct amount.
Our staff includes individuals who have been Appeals Officers who have dealt with TEFRA partnership issues and who understand the complex TEFRA code sections and procedures. They are aware of the necessary documents that need to be obtained from the IRS to properly evaluate issues.
For the record if you are a tax practitioner we can help you and your client. Please feel free to contact us.
by Fresh Start Tax | Jul 8, 2013 | Christian IRS Tax Relief, Tax Help
If you are having issues with the Internal Revenue Service and are looking for various programs and solutions contact us today for a free initial tax consultation and speak directly to Christian tax professionals.
We are comprised of Christian tax attorneys, lawyers, certified public accountants, and former IRS agents, managers and tax instructors.
We have over 206 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service in the local, district, and regional tax offices of the IRS.
We are Christian debt relief specialists that can review all available programs and go over all different tax solutions with you to help you immediately and permanently resolve your IRS problem. We are A+ rated by the Better Business Bureau.
We are true Christian tax debt relief specialists that can handle all IRS problems and can go over the complete settlement packages to relieve you of your IRS tax debt.
You can call us today for a free initial tax consultation and speak directly to a tax professional.
We have been in private practice since 1982 and we are A+ rated by the Better Business Bureau. We are licensed to practice in all 50 states.
You should be aware that many tax firms advertise on the Internet that they are Christian or faith-based however. as it says in Hebrews test all spirits.
Offers in Compromise
The IRS is has expanded a new streamlined Offer in Compromise (OIC) program to cover a larger group of struggling taxpayers.
This streamlined OIC is being expanded to allow taxpayers with annual incomes up to $100,000 to participate.
In addition, participants must have tax liability of less than $50,000, doubling the current limit of $25,000 or less.
OICs are subject to acceptance based on legal requirements.
An offer-in-compromise is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed.
Generally, an offer will not be accepted if the IRS believes that the liability can be paid in full as a lump sum or through a payment agreement.
The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay.
How do you discern Christian godly counsel?
Psalm 37:30
The godly offer good counsel, they know what is right from wrong.
Proverbs 18:2
Fools have no interest in understanding; they only want to offer their own opinions.
Proverbs 27:9
The heartfelt counsel of a friend is as sweet as perfume and incense.
Areas of Professional Tax Representation
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- Full Service Accounting Tax Firm,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A” Plus
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE Net Radio.com – Monthly Radio Show-Business Weekly
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- 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
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction
by Fresh Start Tax | Jul 8, 2013 | Tax Help, Tax Levy and Wage Garnishments
IRS sends out 3.8 million wage levy garnishments and bank garnishments each and every year to taxpayers at owe back taxes to the Internal Revenue Service.
The wage levy garnishment will not stop until you contact the Internal Revenue Service and give the IRS a current financial statement so they can make a determination on the collectibility of your case. To get the very best results you should use professional tax firm.
How long does a Wage Levy Garnishment Last.
The wage levy garnishment will last for as long as it takes the Internal Revenue Service to get the information it needs to close there case off their enforcement computer called CADE2. You can get wage Levy garnishment releases within 24 hours. Contact us today.
The only reason the Internal Revenue Service sent out a wage levy garnishment was simply because the taxpayer failed to call IRS on a series of bills and collection notices in which IRS requested taxpayer contact.
As a result, the IRS must get the attention of the taxpayer and it does so with enforced collection actions. IRS will either send out a bank levy or a wage levy garnishment.
The IRS wage levy garnishment will last until IRS secures a current financial statement along with all documentation and comes up with a plan of action to close the taxpayer case.
Important Note if you have received a Wage Garnishment:
Employers generally have at least one full pay period after receiving a Form 668-W, Notice of Levy on Wages, Salary and Other Income before they are required to send any funds from their employee’s wages. This is very good news to the taxpayer because you should be able to get a wage levy garnishment released within one week.
How does a wage levy garnishment work
Being a former IRS agent I can tell you that the IRS computer system is full of levy sources for the Internal Revenue Service.
Third parties submit information to IRS each year containing your W-2s, your 1099s, and various other income sources.
The IRS enforcement computer called the CADE2 simply searches its network of income sources and self generates a levy systemically.
IRS usually chooses your last employer and gets that from your last 1040 on file or from the employer through end of year mandatory reporting to the IRS.
All these wage levy garnishments are sent systematically and are never touched by human hands. Thousands and thousands of wage levy garnishments are sent out every day
How can I get my wage Levy garnishment release
To get a quick wage levy garnishment release simply contact the IRS and be prepared to give him a completed, correct and accurate 433-F financial statement which you can find on our website.
All documentation must be attached or sent to the Internal Revenue Service so they can make a determination on how they will close your case off their enforcement computer. Basically, IRS needs a plan of action.
In most cases taxpayers usually fall into three categories.
Based on their current financial statement taxpayers are either put into a non-collectible file due to current economic tax hardships,or taxpayers may be required to make installment or monthly payment agreements to the Internal Revenue Service, or taxpayers are eligible for an offer in compromise or for a tax debt settlement.
Please note, you maybe be eligible to settle your case with the IRS.
Contact us today and we cannot only get your wage levy garnishment released we can also settle your case with the Internal Revenue Service.
We are comprised of tax attorneys, CPAs, and former IRS agents managers and tax instructors.
We have over 60 years of direct work experience at the Internal Revenue Service and have released thousands of wage levy garnishments since 1982.
We are A+ rated by the Better Business Bureau
How a Wage Levy Garnishment Works/Lasts – Former IRS
by Fresh Start Tax | Jul 3, 2013 | Tax Help
Is the IRS Auditing Your TEFRA Partnership?
We are comprised of tax attorneys, certified public accountants, and former IRS agents, managers and tax instructors.
We have over 206 years professional tax experience and over 60 years of working directly for the Internal Revenue Service in the local, district, and regional tax offices of the Internal Revenue Service.
We are A+ rated by the Better Business Bureau and have been in private practice since 1982.
On staff are IRS TEFRA Experts. One of our Former IRS Agent was a Appeal Agents who was the coordinator for the TEFRA and is a specialist in all TEFRA issues.
TEFRA
If you are a partner in a partnership with eleven and more partners, you are a partner in a TEFRA partnership.
The audit procedures for a TEFRA partnership are one of the most complex in the Internal Revenue Code. The partner known as the Tax Matters Partner acts as the liaison between the IRS and the partners.
The Tax Matters Partner (TMP) is responsible for keeping partners informed of tax administrative and judicial proceedings relating to the partnership. The TMP has the authority to extend the statute of limitations for assessment with respect to partnership items on the behalf of all partners.
He can bind partners holding less than 1% interest in the partnership to a settlement with the IRS and determine in forum to litigate a partnership controversy.
Due to the complexity of the TEFRA audit procedures, the IRS in many instances fails to follow all of the required procedures for the examination of the partnership. Further, there may be instances that the TMP and the remaining partners may have a conflict of interest as to specific matters which you may not be aware.
The audit of a TEFRA partnership can be appealed to the Appeals Division and if needed can be litigated in the Tax Court or Court of Federal Claims.
All of these appeals are complex and full of unexpected results to the unwary partner.
You may have been assessed a deficiency based on an audit of a TEFRA partnership and not know it, until you receive a bill from the IRS for the deficiency. TEFRA deficiencies are assessed through computational adjustments, which means you have no appeal rights.
The appeal rights are through the TMP, if he did not exercise them; those appeal rights are expired. So its up to you to be in contact with the TMP when the partnership is being audited and keep current with the proceedings.
There are instances where the IRS has made an assessment of a deficiency attributable to TEFRA partnership adjustment that was not valid and the partner simply paid the deficiency amount without questioning it.
If your TEFRA partnership (eleven or more partners) is being audited, you need to know what is going on because your interest with the TMP may conflict.
If you are a partner in a TEFRA partnership that is being audited, you need someone from the outside of the partnership to inform you of your best plan of action that you should take.
What is TEFRA, an INTRODUCTION
This chapter is designed to give the reader a basic understanding of TEFRA (the Tax Equity and Fiscal Responsibility Act of 1982) and is not intended to be a fully comprehensive work. Certain topics are covered by referencing statutes, regulations, or the Internal Revenue Manual (IRM) rather than by way of narrative text.
The Resources section lists several published sources which, when viewed together, should present a fully comprehensive and up-to-date picture of TEFRA. In addition, there is a web-based self-study course, TEFRA Basics, which can be taken online at the Enterprise Learning Management System (ELMS) website.
Once you have registered and created a profile on the ELMS website, TEFRA Basics can be found as ELMS Component Number: 11381.
Another important TEFRA tool for the examiner is the IRS Intranet consolidated TEFRA website.
This chapter will address TEFRA only as it applies to TEFRA partnerships and TEFRA related partners. It is important to note that Limited Liability Companies (LLCs) and Real Estate Mortgage Investment Conduits (REMICs) that file a Form 1065, U.S. Return of Partnership Income, and their respective members are also subject to TEFRA administrative and judicial procedures and treated in a manner similar to TEFRA partnerships and their partners.
IRC section 6244 extended the TEFRA partnership provisions to S corporations for tax years beginning after 1982. The Small Business Job Protection Act of 1996 repealed the TEFRA administrative and judicial procedures for S corporations for tax years beginning after Dec. 31, 1996.
TEFRA as it applies to S corporations and REMICs will not be covered in this chapter. Non-TEFRA partnership statute considerations and procedures are also not covered in this overview. The procedural differences between TEFRA and non-TEFRA are significant.
For non-TEFRA considerations, examiners should consult IRM 4.31.5 & 6 of the Pass-Through Entity Handbook, and IRM 4.29, Partnership Control System (PCS) Handbook.
IRC sections 6221 through 6234 govern audit, administrative, and judicial procedures, as well as certain filing requirements to be used by entities qualifying as TEFRA partnerships.
These procedures are commonly referred to as “unified proceedings”, “TEFRA proceedings”, and “partnership proceedings.” These Code sections provide that examination, administrative, and judicial actions are to be conducted at the partnership-level.
Final Regulations were issued and are effective for taxable years beginning on or after October 4, 2001 (66 FR 50541, Treas. Reg. sections 301.6221-1 through 301.6233-1). For taxable years beginning before October 4, 2001, the Temporary Treasury Regulations continue to govern (see Treas. Reg. section 301.6221-1(f)). The Final Treasury Regulations are substantially similar to the temporary regulations.
by Fresh Start Tax | Jul 3, 2013 | Tax Help
We are the Affordable Tax Firm that specializes in IRS tax resolution relief.
We are A+ rated by the Better Business Bureau and have been practicing IRS tax resolution since 1982.
We can get your wage garnishment released and work out a tax settlement with the Internal Revenue Service.
We are comprised of tax attorneys, tax lawyers, certified public accountants, former IRS agents, managers and tax instructors with the IRS.
We have over 60 years of direct work experience at the Internal Revenue Service as we have worked in the local, district, and regional tax offices of the IRS.
We know the exact way to take care of an IRS wage garnishment for affordable pricing.
We cannot only get your IRS wage garnishment released or removed we can also settle your case with the IRS.
There are many excellent professional tax firms that do this work and we feel we are among those firms.
When searching for a firm on the Internet make sure you are contacting a firm that has tax attorneys or CPAs or former IRS agents that work on staff to ensure that you are getting professional tax representation.
Important Note if you have received a Wage Garnishment
Employers generally have at least one full pay period after receiving a Form 668-W, Notice of Levy on Wages, Salary and Other Income before they are required to send any funds from their employee’s wages.
The reason for this, the IRS wants to give every opportunity for the taxpayer to contact IRS and get your wage levy garnishment release to or removed.
Believe it or not the IRS does not want to send a wage garnishment out to anybody however they must because of the Internal Revenue Service Manual.
If the taxpayer does not recognize the final notice tax bill, the IRS must send out some type of enforcement action. That enforcement action is usually in the form of an IRS wage levy garnishment or in the form of a IRS tax levy on a bank account.
The IRS is waiting to hear from the taxpayer to work out a plan of resolution. The Internal Revenue Service will not back away of their enforcement efforts until the case is taken off their enforcement computer called the CADE2.
Each taxpayer needs to develop an exit strategy with the IRS and a plan that the IRS will accept.
How to determine the plan IRS will accept?
If you owe back taxes to the Internal Revenue Service, the IRS requires of all individual, business, or corporate taxpayers to provide a IRS financial statement.
In the case of individual taxpayers a form 433-F will be required.
You want to make sure you are both honest and accurate in the completion of this financial statement because IRS will verify all the figures you place on that form and they will want supporting documentation. The documentation must include proof of income, your pay stubs, and the IRS will want to all current monthly bills and expenses.
Before the Internal Revenue Service will render a decision on closing and settling your IRS case, IRS will use the national and regional standard tests on your income vs expenses. If you do not have enough income coming in to cover your current expenses IRS has the ability to put you into a current economic tax hardship which means you are currently not collectible.
IRS may look at your case and determine you have more income than necessary living expenses and ask for an installment or monthly payment.
IRS also may look at the whole of your financial statement and determine that you are offer in compromise or IRS tax debt settlement candidate.
Before you go running off filing for offer in compromise you should truly check with a tax professional to make sure you are a qualified candidate before you go spending your money.
Beware of tax firms promising pennies on a dollar. Even though pennies on a dollar are possible it’s best to fill out the IRS pre-qualifier tool for offers in compromise. You can find this form on our website.
Once the Internal Revenue Service goes through of the process of reviewing your current financial statement and comes to a resolution on your case they will immediately stop the IRS wage, or bank garnishment.
This process can all happen within one day.
One key is giving to IRS a current documented financial statement. The only thing that slows down the process of getting your IRS wage or bank levy released is the taxpayer by not providing a current financial statement.
Another key is to act immediately and have a plan of action of how you want the IRS to deal with your case.
What kind of plan of action is acceptable to the IRS to remove a Wage Levy Garnishment?
1. that you are currently in a IRS tax hardship,
2. you can start making installment payments,
3. you want to file an offer in compromise.
The aforementioned are the most common ways the IRS will dispose of an account that is on the enforcement computer.
Contact us today for a free initial tax consultation and we can walk you through this process for affordable pricing.
Wage Levy Garnishment, Affordable IRS Attorneys, Former IRS
