by Fresh Start Tax | May 8, 2013 | Tax Help

Fix IRS Tax Bill Notice, IRS Tax Negotiation, IRS Tax Settlements – Former IRS Tax Experts 1-866-700-1040
If you have received an IRS tax bill notice and need to fix the IRS situation contact us today to negotiate your IRS tax bill or problem with the Internal Revenue Service.
We are comprised of tax attorneys, certified public accountants, and former IRS agents, instructors and managers who have 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 have worked thousands of cases since 1982 and our experts and fixing an IRS tax bill notice or settling or negotiating your case with the Internal Revenue Service.
While working with the Internal Revenue Service we actually taught tax law and tax policy to new IRS agents. We are also IRS tax settlement experts in resolving your tax debt through the IRS offer in compromise. On staff is a former IRS settlement agent who taught this program to eligible IRS employees.
What the Internal Revenue Service will need to fix an IRS tax bill notice.
Before the Internal Revenue Service takes any taxpayer off their enforcement computer system IRS will require a full analysis of a current financial statement.
That financial statement will happen on a form 433-F.
It is the IRS version of the government financial statement. IRS will need to receive a fully documented 433-F along with all documentation to support it for its accuracy. Along with the financial statement IRS will need copies of all receipts of expenses, pay stubs, and 3 to 6 months worth of bank statements before they will attempt to fix the IRS tax debt and work out an IRS tax negotiation.
Different types of IRS determinations.
After IRS reviews your current financial statement, taxpayers will find themselves eligible for one of three positions that are used by the Internal Revenue Service to dispose of cases. After the review of the financial statement the taxpayer will find out they are generally eligible to be placed in a non-collectible status or be put into our current economic tax hardship. Second, the IRS may also let you know that you must make a installment agreement and start making monthly payments to the IRS. Third that you may be eligible for an IRS tax settlement.
No matter what decision the agent on the phone or with the agent and the local office there is an appeal process to rectify the problem.
Contact us today for a free initial consultation and hear the different options on how to fix your IRS tax bill notice and permanently and immediately get rid of your IRS problem through an IRS negotiation.
The new IRS fresh start program may be able to help you
The IRS Fresh Start program makes it easier for taxpayers to pay back taxes and avoid tax liens. Even small business taxpayers may benefit from Fresh Start.
Here are three important features of the Fresh Start program:
1.Federal Tax Liens.
The Fresh Start program increased the amount that taxpayers can owe before the IRS generally will file a Notice of Federal Tax Lien. That amount is now $10,000.
However, in some cases, the IRS may still file a lien notice on amounts less than $10,000.
When a taxpayer meets certain requirements and pays off their tax debt, the IRS may now withdraw a filed Notice of Federal Tax Lien.
Taxpayers must request this in writing using Form 12277, Application for Withdrawal.
Some taxpayers may qualify to have their lien notice withdrawn if they are paying their tax debt through a Direct Debit installment agreement.
Taxpayers also need to request this in writing by using Form 12277.
If a taxpayer defaults on the Direct Debit Installment Agreement, the IRS may file a new Notice of Federal Tax Lien and resume collection actions.
2. Installment Agreements or payment agreements.
The Fresh Start program expanded access to streamlined installment agreements.
Now, individual taxpayers who owe up to $50,000 can pay through monthly direct debit payments for up to 72 months (six years). While the IRS generally will not need a financial statement, they may need some financial information from the taxpayer.
Taxpayers in need of installment agreements for tax debts more than $50,000 or longer than six years still need to provide the IRS with a financial statement. In these cases, the IRS may ask for one of two forms: either Collection Information Statement, Form 433-A or Form 433-F.
3. Offers in Compromise.
An Offer in Compromise is an agreement that allows taxpayers to settle their tax debt for less than the full amount. Fresh Start expanded and streamlined the OIC program. The IRS now has more flexibility when analyzing a taxpayer’s ability to pay.
This makes the offer program available to a larger group of taxpayers.
Generally, the IRS will accept an offer if it represents the most the agency can expect to collect within a reasonable period of time. The IRS will not accept an offer if it believes that the taxpayer can pay the amount owed in full as a lump sum or through a payment agreement.
The IRS looks at several factors, including the taxpayer’s income and assets, to make a decision regarding the taxpayer’s ability to pay. Use the Offer in Compromise Pre-Qualifier tool that you can find on our website.
Contact us today for free initial consultation and we can go over all your tax options and show you a way on how to fix your IRS tax bill notice through IRS negotiations. Should you need or qualify for IRS tax settlement we can review the program and find out if you are eligible candidate.
Give your money to no firm until you talk to the tax professionals at fresh start tax we are A+ rated by the Better Business Bureau.
by Fresh Start Tax | May 7, 2013 | Tax Help
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Owe Back Taxes – Make Payments to IRS – Payment Plan Options 1-866-700-1040
Let former IRS agents, managers and tax instructors settle your tax debt and review all the options you have available to immediately and permanently resolve your case.
If you owe back taxes to the Internal Revenue Service and you would like to make payments to the Internal Revenue Service you have several options.
Contact us today for free initial consultation and we can find out what your best option are to completely resolve your IRS matter once and for all.
We can find an installment agreement that both you and the Internal Revenue Service can live with.
When you owe back taxes and wish to make payments to the Internal Revenue Service , the key ingredient to understand is how much you owe in back taxes and how long will it take before you can pay the liability out. Those two factors will determine the type of installment agreement that you will have and your payment plan options.
Dollar Amounts owed on Back Taxes
If you all under $50,000 in tax, we can set up a streamlined agreement for you with the Internal Revenue Service. You can make 72 equal payments to resolve your tax debt completely.
If you owe over $50,000 the internal revenue service will want a completed 433F financial statement along with all documentation to support the financial statement along with pay stubs and bank statements. Your financial statement will be based on ability to pay and the IRS will look to your current income and necessary living expenses.
You should contact us today directly if you owe over $50,000 because those types of IRS installment payments require more skilled planning.
Making monthly payments when you owe back taxes
You can make monthly payments through an installment agreement if you’re not financially able to pay your tax debt immediately.
However, you will reduce or eliminate the amount of penalties and interest you pay and avoid the fee associated with setting up an installment agreement if you pay your tax bill in full.
Before you apply:
a. File all required tax returns;
b. Consider other sources (loan or credit card) to pay your tax debt in full to save money;
c. determine the largest monthly payment you can make ($25 minimum); and
d. Know that your future refunds will be applied to your tax debt until it is paid in full.
Fees for setting up an installment agreement:
1. $52 for a direct debit agreement;
2. $105 for a standard agreement or payroll deduction agreement; or
3. $43 if your income is below a certain level.
Understand your agreement, avoid default
To keep your account in good standing:
a. Pay at least your minimum monthly payment when it’s due (direct debit or payroll deductions make this easy);
b. Include your name, address, SSN, daytime phone number,
c. File all required tax returns on time;
d. Pay all taxes you owe in full and on time (contact us to change your existing agreement if you cannot);
e. Continue to make all scheduled payments even if we apply your refund to your account balance; and
f.ensure your statement is sent to the correct address, contact us if you move or complete and mail Form 8822, Change of Address (PDF).
Should you default your agreement
There may be a reinstatement fee if your agreement goes into default.
Penalties and interest continue to accrue until your balance is paid in full. If you are in danger of defaulting on your payment agreement for any reason, contact the IRS immediately.
Owe Back Taxes – Make Payments to IRS – Payment Plan Options
by Fresh Start Tax | May 7, 2013 | Tax Help

Forgot to File Back Tax Returns – How to get back in the System Safely 1-866-700-1040
As a former IRS agent I will explain to you how to get back in the system safely, without worry and more importantly without pain or change in your life.
You can file your back tax returns and if you owe back taxes, we can work out a tax settlement.
Our firm has over 206 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service.
Not only were we former IRS agents, managers and supervisors we also taught tax law at the Internal Revenue Service.
Millions upon millions of tax returns do not get filed every year by taxpayers for various reasons. So you are not alone.
As a general rule, once a taxpayer does not file for one year it starts a snowball effect.
Fear usually sets in and taxpayers just stop filing their tax returns. At some point taxpayers know they will be contacted by the Internal Revenue Service but they continue to play the IRS lottery in hopes their numbers will be not called.
However sooner or later IRS will catch up to you or your Social Security number.
The best advice I can give taxpayers is to get their head out of the sand and to take an assertive position and rectify the problem well before the IRS contacts you.
If you take the assertive position and contact a tax professional do the proper planning your case can go very smoothly. If you wait to the last minute to go ahead to rectify this, the Internal Revenue Service will have the upper hand. So remember planning is key.
IRS can file for you, this is bad news
Many taxpayers do not know that IRS can actually file their tax return for them under 6020 of the Internal Revenue Code.
If that happens, the taxpayer will wind up with a huge tax bill because IRS will not allow anything but the standard exemption. It is critical that taxpayers open all IRS mail and find out what stage there case is in.
IRS can file your tax return under 6020 IRC
a) Preparation of return by Secretary
If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.
(b) Execution of return by Secretary
(1) Authority of Secretary to execute return
If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefor, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.
(2) Status of returns
Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes.
IRS can Levy or Garnish
After the Internal Revenue Service makes an assessment, IRS bills or notices go out. They will be followed up by an IRS bank tax levy or IRS garnishment levy and then usually followed up with the filing of the federal tax lien. This usually happens over a 3 to 4 months after you file your tax returns.
How to get back in the system safely
If you have forgot to file your back tax returns and you want to get back in the system safely the process is very simple.
File all your back returns all at one time.
IRS keeps a copy of all your income sources for the last seven years.
These are stored on the CADE2 computer. IRS has a copy of all W-2’s , 1099s or any third party reports of income that were filed by these third parties. A taxpayer can simply request their income report from the Internal Revenue Service and use that as a base to start the preparation of filing their back tax returns that they forgot to file.
Believe it or not many taxpayers actually have refunds that the IRS will issue if they file their back tax returns. It important to know there is a three-year statute of limitations on receiving money back from the Internal Revenue Service.
If you have tax refunds coming on your back tax returns ,you have to do nothing but wait for your refund checks. If you are going to owe back taxes the IRS will send out a series of three or four notices, each one stepping up the tone in the attitude of the letter.
Once you receive the final notice of intent to levy or seizure you should immediately contact the IRS but before that you should have a definitive plan of action that you are ready to roll into.
If you will owe money to the IRS on Back Tax Returns
If you forgot the file back tax returns and will owe money to the IRS, the IRS has three or four different programs that can help you get back in the system and not be financially strapped.
IRS will ask for a financial statement, a 433-F to help them make that determination. You can find that form on our website.
A taxpayer must submit this financial statement along with all documentation including bank statements and pay stubs to an IRS agent either at the service center or local office. Based on your financial statement the Internal Revenue Service will determine whether you are currently noncollectable and put you went to an economic tax hardship, or ask for a monthly installment payment or suggested the filing of a offer in compromise.
A summary
So if you want to get back in the system safely and you forgot the file back tax returns simply contact the Internal Revenue Service and asked them for your income transcript to prepare your back returns. They will give you a date when all tax returns are due and if you owe taxes just to give IRS your personal financial statement and work out a solution to resolve your matter.
As a former IRS agent I will tell you is always the best to use a professional tax firm to help you negotiate any IRS issue or problem you are having with. Even though many taxpayers attempt to do this on their own they will never get the same results as a professional tax firm.
Call us today for free initial consultation.
Forgot to File Back Tax Returns – How to get back in the System Safely
Contact us today and we can find an affordable tax solution to help you rectify your problem to resolve your back tax return issues
by Fresh Start Tax | May 6, 2013 | Tax Help

Back Taxes – How to get your Best Settlement Deal with the IRS 1-866-700-1040
If you want to know how to get your best settlement deal with the Internal Revenue Service you want to talk to former IRS agents who used to work the offer in compromise program with the Internal Revenue Service.
Being former IRS Agents we know the exact formula and settlement procedures that will be used by the Internal Revenue Service. We guarantee that we can get your best settlement deal because we taught the program at the IRS.
58,000 taxpayers filed for an IRS tax debt settlement last year and of those some 18,000 offers in compromise were accepted by the Internal Revenue Service.
The reason the acceptance rate is up is because IRS is loosening up the standards for the offer in compromise program.
The average settlement time is between six and nine months and the average settlement dollar is $.14 on the dollar.
However do not let the $.14 on a dollar fool you.
This is no more than an average. Each case is unique and completely depends on your individual situation.
New IRS Settlement Program
The IRS has expanded its “Fresh Start” initiative by offering more flexible terms to its Offer-in-Compromise Program.
These newest rules enable some financially distressed taxpayers to clear up their tax problems even quicker.
An offer-in-compromise (OIC) is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed.
An OIC is generally not accepted if the IRS believes 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 determine the reasonable collection potential.
This expansion of the “Fresh Start” initiative focuses on the financial analysis used to determine which taxpayers qualify for an Settlement Deal.
Here are some of the Settlement changes:
Revising the calculation for a taxpayer’s future income The IRS will now look at only one year (instead of four years) of future income for offers paid in five or fewer months; and two years (instead of five years) of future income for offers paid in six to 24 months.
All OICs must be paid in full within 24 months of the date the offer is accepted.
Allowing taxpayers to repay their student loans Minimum payments on student loans guaranteed by the federal government will be allowed for the taxpayer’s post-high school education. Proof of payment must be provided.
Allowing taxpayers to pay state and local delinquent taxes.
When a taxpayer owes delinquent federal and state or local taxes, and does not have the ability to fully pay the liabilities, monthly payments to state taxing authorities may be allowed in certain circumstances.
Expanding the Allowable Living Expense. Allowance Standard allowances incorporate average expenses for basic necessities for citizens in similar geographic areas. These standards are used when evaluating installment agreement and offer-in-compromise requests. The National Standard miscellaneous allowance has been expanded. Taxpayers can use the allowance to cover expenses such as credit card payments and bank fees and charges.
The New Streamline Settlement Program
The IRS is also expanding 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 to Get the Best Settlement Deal with the IRS
The Internal Revenue Service uses very specific standards to settle IRS tax debt.
If you are unfamiliar with the standards used by the Internal Revenue Service you will have no way of knowing how low the Internal Revenue Service will go. With that said there is a formula that is used.
The Settlement deal formula is comprised of two factors, assets and income.
IRS will want to know what your total liquidation value of the total sum of all your assets including pensions, equities in homes and all personal assets.
IRS will conduct an income to expense ratio to find out if you have any disposable income left over after the national and regional standards are applied.
If you are not familiar with the IRS national and regional standard tests you need to be. This is a very critical element of the settling process because should the IRS finds that you have disposable income left over after the national and regional standard tests are applied the IRS will multiply that monthly overage times 12. Just for the record the national and regional standards of the same standards that are set up by the United States trustee for bankruptcy and other government agencies in regard to reasonable standards and financial cases.
IRS will then add up your total equity that you have in all your assets plus the disposable monthly income left over times 12 and that will comprise your offer compromise settlement number to the Internal Revenue Service.
IRS will generally accept no less than that figure unless some unusual hardships exist.
The Pre-Qualifier Tool for Settlements
IRS has made a much easier for taxpayers to settle with the Internal Revenue Service by now using a pre-qualifier tool that you can find our website. It is best for every taxpayer to walk to the pre-qualifier tool to find out for themselves if they can if they are a legitimate settlement candidate.
There are so many little factors that can reduce your settlement offer to settle for less with the Internal Revenue Service. There are many monthly expenses it can be included in your offer in compromise at the Internal Revenue Service will not tell you about.
Unless you’re a tax expert in the field you will not know the smaller things that can help reduce your offer to settle for less. Yes, we know the loopholes.
After working thousands and thousands of cases and being tax experts in settling with the Internal Revenue Service we will conduct a free tax analysis to let you know what the very best deal that you will get to settle for less.
Unless you’ve either work for the Internal Revenue Service or filed hundreds and hundreds of offers in compromise it would be absolutely impossible to let any taxpayer no just how low the IRS will go.
Being former IRS agents we know all the standards, all the protocols, all the settlement boundaries, and all the applicable standards that will be of plight against every single case.
The National Standards (you can find these on our website)
Collection Financial Standards are used to help determine a taxpayer’s ability to pay a delinquent tax liability.
Allowable living expenses include those expenses that meet the necessary expense test. The necessary expense test is defined as expenses that are necessary to provide for a taxpayer’s (and his or her family’s) health and welfare and/or production of income.
National Standards for food, clothing and other items apply nationwide.
Taxpayers are allowed the total National Standards amount for their family size, without questioning the amount actually spent.
National Standards have also been established for minimum allowances for out-of-pocket health care expenses.
Taxpayers and their dependents are allowed the standard amount on a per person basis, without questioning the amount actually spent.
Maximum allowances for housing and utilities and transportation, known as the Local Standards, vary by location. In most cases, the taxpayer is allowed the amount actually spent, or the local standard, whichever is less.
Generally, the total number of persons allowed for necessary living expenses should be the same as those allowed as exemptions on the taxpayer’s most recent year income tax return.
If the IRS determines that the facts and circumstances of a taxpayer’s situation indicate that using the standards is inadequate to provide for basic living expenses, we may allow for actual expenses.
However, taxpayers must provide documentation that supports a determination that using national and local expense standards leaves them an inadequate means of providing for basic living expenses.
Contact us today if you have any back tax issues with the Internal Revenue Service. Due to our years of experience at the Internal Revenue Service we can assure them guarantee you that we can get your best settlement deal from the IRS.
All tax consultations are free, we are A+ rated by the Better Business Bureau have been in practice since 1982.
Back Taxes IRS – How to get your Best Settlement Deal with the IRS
by Fresh Start Tax | May 6, 2013 | Tax Help

FBAR – We can answer all your Questions – Lawyers, Attorneys, Former IRS – FBAR Experts 1-866-700-1040
We are comprised of tax attorneys, tax lawyers, certified public accountants and former IRS agents and managers. We have over 206 years professional tax experience and experts in Fbar matters.
We are A+ rated by the Better Business Bureau and have been in private practice since 1982.
The Last 3 years of FBAR
During the last three filing seasons the Internal Revenue Service collected a whopping $5 billion as a result of Fbar filing and the amending the federal income tax returns. As a result the government is putting increasing enforcement dollars in this area of operation to collect the jackpot of gold at the end of this Fbar rainbow.
The Internal Revenue Service expects a 6 to 1 ratio in ROI from this program. This program for the Internal Revenue Service is a win-win.
If you are a person who has concerns about Fbar or the filing of your tax returns contact us today for free initial tax consultation speak directly to a tax attorney, tax lawyer or certified public accountant who could help ease your mind so you can end any fear you may have.
Below are the common questions that are asked of Internal Revenue Service. They are provided for you by fresh start tax and if you have any questions regarding your particular situation contact us today and let us help resolve any issues or matters you may have.
What is an FBAR?
An FBAR is a Report of Foreign Bank and Financial Accounts. The form number is TD F 90-22.1 (PDF) You can find this form on her website.
Q. Who must file an FBAR?
A. Any United States person who has a financial interest in or signature authority or other authority over any financial account in a foreign country, if the aggregate value of these accounts exceeds $10,000 at any time during the calendar year.
Q. What is a foreign country?
A. A “foreign country” includes all geographical areas outside the United States, the commonwealth of Puerto Rico, the commonwealth of the Northern Mariana Islands, and the territories and possessions of the United States (including Guam, American Samoa, and the United States Virgin Islands).
Q. What is a United States person?
A. “United States person” includes a citizen or resident of the United States, a domestic partnership, a domestic corporation, and a domestic estate or trust.
Q. Is a single-member LLC, which is a disregarded entity for U.S. tax purposes, a United States person for FBAR purposes?
A. Yes. The tax rules concerning disregarded entities do not apply with respect to the FBAR reporting requirement. FBARs are required under Title 31, not under any provisions of the Internal Revenue Code.
Q. What constitutes signature or other authority over an account?
A. A person has signature authority over an account if such person can control the disposition of money or other property in it by delivery of a document containing his or her signature (or his or her signature and that of one or more other persons) to the bank or other person with whom the account is maintained.
Other authority exists in a person who can exercise power that is comparable to signature authority over an account by direct communication to the bank or other person with whom the account is maintained, either orally or by some other means.
Q. Is a U.S. resident with power of attorney on his elderly parents’ accounts in Canada required to file an FBAR, even if the resident never exercised the power of attorney?
A. Yes.If the power of attorney gives the U.S. resident signature authority, or other authority comparable to signature authority, over the financial accounts.
Whether or not such authority is ever exercised is irrelevant to the FBAR filing requirement. See IRS Notice 2010-23 for information regarding an extended due date to report signature authority over a foreign financial account.
Q. How do filers report their accounts to the IRS?
A. Filers report their foreign accounts by (1) completing boxes 7a and 7b on Form 1040 Schedule B, box 3 on the Form 1041 “Other Information” section, box 10 on Form 1065 Schedule B, or boxes 6a and 6b on Form 1120 Schedule N and (2) completing Form TD F 90-22.1 (PDF)
.
Q. When is the FBAR due?
A. The FBAR is due by June 30 of the year following the year that the account holder meets the $10,000 threshold. The granting, by IRS, of an extension to file Federal income tax returns does not extend the due date for filing an FBAR.
Can you request and at FBAR extension?
A. Filers cannot request an extension of the FBAR due date.
If a filer does not have all the available information to file the return by June 30, they should file as complete a return as they can and amend the document when the additional or new information becomes available.
Q. Where are FBAR forms available?
A. FBAR forms are available:
Online via IRS.gov in PDF.
Online via Department of the Treasury’s Financial Crimes Enforcement Network Web site in PDF.
By calling the IRS at 800-829-3676 or you can find them on our website.
Q. Where do I file the FBAR?
A. Send completed forms to:
U.S. Department of the Treasury
P.O. Box 32621
Detroit, MI 48232-0621
If an express delivery service is used, send completed forms to:
IRS Enterprise Computing Center
ATTN: CTR Operations Mail room, 4th Floor
985 Michigan Avenue
Detroit, MI 48226
The contact phone number for the delivery messenger service is 313-234-1062. The number cannot be used to confirm that your FBAR was received.
Is FBAR filed with my federal tax return?
The FBAR is not to be filed with the filer’s Federal tax return.
Q. How do I verify that my FBAR was filed?
A. Ninety days after the date of filing, the filer can request verification that the FBAR was received. An FBAR filing verification request may be made by calling 866-270-0733 and selecting option 1. Up to five documents may be verified over the phone.
There is no fee for this verification.
Alternatively, an FBAR filing verification request may be made in writing and must include the filer’s name, taxpayer identification number and the filing period.
There is a $5 fee for verifying five or fewer FBARs and a $1 fee for each additional FBAR. A copy of the filed FBAR can be obtained at a cost of $0.15 per page.
Check or money order should be made payable to the United States Treasury.
The request and payment should be mailed to:
IRS Enterprise Computing Center/Detroit
ATTN: Verification
P.O. Box 32063
Detroit, MI 48232
Q. How does an FBAR filer amend a previously filed FBAR?
A. FBAR filers can amend a previously filed FBAR by:
Checking the Amended box in the upper right-hand corner of the first page of the form;
Making the needed additions or corrections;,Stapling it to a copy of the original FBAR; and Attaching a statement explaining the additions or corrections.
Q. What happens if an account holder is required to file an FBAR and fails to do so?
A. Failure to file an FBAR when required to do so may potentially result in civil penalties, criminal penalties or both. If you learn you were required to file FBARs for earlier years, you should file the delinquent FBAR reports and attach a statement explaireports are filed late.
No penalty will be asserted if the IRS determines that the late filings were due to reasonable cause.
Call us to find more about reasonable causes that may exist. Keep copies of what you send for your records.
Q. Can cumulative FBAR penalties exceed the amount in a taxpayer’s foreign accounts?
A. Yes, under the penalty provisions found in 31 U.S.C. 5314(a)(5), it is possible to assert civil penalties for FBAR violations in amounts that exceed the balance in the foreign financial account.
Q. How long should account holders retain records of the foreign accounts?
A. Records of accounts required to be reported on an FBAR must be retained for a period of five years. Failure to maintain required records may result in civil penalties, criminal penalties or both.
Q. For filing FBARs for prior years, should the current FBAR form be used or should the previous version of the form be used?
A. The current FBAR form (revised in October 2008) may be used to report a financial interest in, or signature or other authority over, financial accounts that were maintained in years prior to 2008. However, since the changes to the current FBAR form reflect a change in the reporting requirements, the instructions for the prior version of the FBAR form (revised in July 2000) may be relied upon for the purpose of determining the filing requirements for properly reporting financial accounts maintained in calendar years prior to 2008.
Q. Does more than one form need to be filed for a husband and wife owning a joint account?
A. No, provided that the names and Social Security numbers of the joint owners are fully disclosed on the filed FBAR. A spouse having a joint financial interest in an account with the filing spouse should be included as a joint account owner in Part III of the FBAR.
The filer should write “(spouse)” on line 26 after the last name of the joint spousal owner. If the only reportable accounts of the filer’s spouse are those reported as joint owners, the filer’s spouse need not file a separate report.
If the accounts are owned jointly by both spouses, the filer’s spouse should also sign the report. It should be noted that if the filer’s spouse has a financial interest in other accounts that are not jointly owned with the filer or has signature or other authority over other accounts, the filer’s spouse should file a separate report for all accounts including those owned jointly with the other spouse.
Q. Are UBS account holders still eligible for the Voluntary Disclosure Practice? The income earned on my client’s foreign account has not been reported on his Form 1040, nor have FBARs been filed.
A. The Voluntary Disclosure Practice is a longstanding practice of IRS Criminal Investigation of taking timely, accurate, and complete voluntary disclosures into account in deciding whether to recommend to the Department of Justice that a taxpayer be criminally prosecuted.
It enables noncompliant taxpayers to resolve their tax liabilities and minimize their chances of criminal prosecution. When a taxpayer truthfully, timely and completely complies with all provisions of the Voluntary Disclosure Practice, the IRS will not recommend criminal prosecution to the Department of Justice.
Although the use of special voluntary disclosures by taxpayers with unreported income from offshore accounts expired on Oct. 15, 2009, non compliant taxpayers can still use the VDP to resolve their tax liabilities. A voluntary disclosure is made by following the procedures described in I.R.M. 9.5.11.9.
If you have any questions you have not answered above please contact us today and you can speak directly to an IRS tax lawyer or IRS. All, consultations are free of charge.
FBAR – We can answer all your Questions – Lawyers, Attorneys, Former IRS – FBAR Experts
by Fresh Start Tax | May 6, 2013 | Tax Help

Settle with the IRS for LESS – Former IRS Settlement Agents 1-866-700-1040
58,000 taxpayers filed for an IRS tax debt settlement last year and of those some 18,000 offers in compromise were accepted by the Internal Revenue Service.
The average settlement time is between six and nine months and the average settlement dollar is $.14 on the dollar. However do not let the $.14 on a dollar fool you. This is no more than an average. Each case is unique and completely depends on your individual situation.
If you want to settle for less the best possible persons to ask are former IRS settlement agents who taught the offer and compromise program with the Internal Revenue Service.
We taught this program to new IRS Agents who were qualified to work the tax debt settlement program called the offer in compromise.
We are comprised of tax attorneys, certified public accountants, and former IRS agents and managers.
While working at the Internal Revenue Service we worked in the local, district, and regional tax offices and taught and instructed tax law to the new IRS agents. We are tax experts in settling with the Internal Revenue Service, in payment agreements and tax hardships.
The lowest possible tax settlement
The Internal Revenue Service uses very specific standards to settle IRS tax debt.
If you are unfamiliar with the standards used by the Internal Revenue Service you will have no way of knowing how low the Internal Revenue Service will go. With that said there is a formula that is used.
The formula is comprised of two factors, assets and income.
IRS will want to know what your total liquidation value of the total sum of all your assets including pensions, equities in homes and all personal assets.
IRS will conduct an income to expense ratio to find out if you have any disposable income left over after the national and regional standards are applied.
If you are not familiar with the IRS national and regional standard tests you need to be. This is a very critical element of the settling process because should the IRS finds that you have disposable income left over after the national and regional standard tests are applied the IRS will multiply that monthly overage times 12.
IRS will then add up your total equity that you have in all your assets plus the disposable monthly income left over times 12 and that will comprise your offer compromise settlement number to the Internal Revenue Service.
IRS will generally accept no less than that figure unless some unusual hardships exist.
Pre-Qualifier Tool
IRS has made a much easier for taxpayers to settle with the Internal Revenue Service by now using a pre-qualifier tool that you can find our website. It is best for every taxpayer to walk to the pre-qualifier tool to find out for themselves if they can if they are a legitimate settlement candidate.
There are so many little factors that can reduce your settlement offer to settle for less with the Internal Revenue Service. there are many monthly expenses it can be included in your offer in compromise at the Internal Revenue Service will not tell you about. Unless you’re a tax expert in the field you will not know the smaller things that can help reduce your offer to settle for less.
After working thousands and thousands of cases and being tax experts in settling with the Internal Revenue Service we will conduct a free tax analysis to let you know what the very best deal that you will get to settle for less.
Unless you’ve either work for the Internal Revenue Service or filed hundreds and hundreds of offers in compromise it would be absolutely impossible to let any taxpayer no just how low the IRS will go.
Being former IRS agents we know all the standards, all the protocols, all the settlement boundaries, and all the applicable standards that will be of plight against every single case.
The National Standards
Collection Financial Standards are used to help determine a taxpayer’s ability to pay a delinquent tax liability.
Allowable living expenses include those expenses that meet the necessary expense test. The necessary expense test is defined as expenses that are necessary to provide for a taxpayer’s (and his or her family’s) health and welfare and/or production of income.
National Standards for food, clothing and other items apply nationwide. Taxpayers are allowed the total National Standards amount for their family size, without questioning the amount actually spent.
National Standards have also been established for minimum allowances for out-of-pocket health care expenses. Taxpayers and their dependents are allowed the standard amount on a per person basis, without questioning the amount actually spent.
Maximum allowances for housing and utilities and transportation, known as the Local Standards, vary by location. In most cases, the taxpayer is allowed the amount actually spent, or the local standard, whichever is less.
Generally, the total number of persons allowed for necessary living expenses should be the same as those allowed as exemptions on the taxpayer’s most recent year income tax return.
If the IRS determines that the facts and circumstances of a taxpayer’s situation indicate that using the standards is inadequate to provide for basic living expenses, we may allow for actual expenses. However, taxpayers must provide documentation that supports a determination that using national and local expense standards leaves them an inadequate means of providing for basic living expenses.
Settle with IRS for LESS – Former IRS Settlement Agents – Lowest Possible Tax Settlement