by Fresh Start Tax | Mar 12, 2013 | Tax Help
IRS Tax Attorneys, Lawyers – Levy, Wage Garnishments – IRS Tax Levy Relief 1-866-700-1040
We are comprised of IRS tax attorneys, tax lawyers, certified public accountants and former IRS agents, managers and tax instructors. While at the IRS we taught tax law.
We have over sixty years of directly working for the Internal Revenue Service in the local, district, and regional tax offices of the IRS.
We are tax experts and tax specialists in the field of IRS resolution, settlement and release of tax levies or wage garnishments releases.
Let our IRS tax attorneys, lawyers and former IRS agents get you tax relief from an IRS levy or wage garnishment.
Contact us for a free consultation today and see how easy the processes to get a wage or tax Levy garnishment release from the Internal Revenue Service.
The process of Levy or Wage Garnishment Relief
Any time a taxpayer owes back taxes, the IRS requires a financial statement before it will release or remove an IRS tax levy or the wage garnishment.
IRS will use a form 433-F. That form will help the IRS make these decisions. The financial statement will include all your assets, income and a list of your current tax expenses. You will need to verify all expenses that you put on the IRS financial statement. IRS will conduct a careful review of everything you put on the financial statement so make sure you are truthful on every thing put down on the form.
IRS will carefully review your financial statement.
IRS will either:
1. place you in a current economic tax hardship because your expenses are more than your income,
2. ask you to make installment payments or put you on a payment agreement,
3. or instruct you that you could be a possible settlement candidate.
By calling our firm not only will you get your tax levy or wage garnishment released we will also settle your case.
What is an IRS tax levy or wage garnishment
A IRS tax levy is a legal seizure of your property to satisfy a tax debt.
Levies are different from liens.
A federal tax lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt. A tax lien is usually filed at a courthouse closest to your residence or last known address.
If you do not pay your income or business taxes or make arrangements to settle your debt the IRS may chose seize and sell any type of real or personal property that you own or have an interest in.
IRS can seize and sell property that you hold such as your car, boat, or house or they
could levy property that is yours but is held by someone else such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions.
The Internal Revenue Service can seize almost anything unless it moves.The Internal Revenue Service only seizes homes or cars when cases are extreme. IRS has only seized 800 cars or homes for the entire fiscal 2012 year. IRS is not wanting to seize the assets belonging to taxpayers, IRS just wants taxpayers to contact them to resolve their tax issues.
These three requirements must be met before a Tax Levy:
1. The IRS assessed the tax and sent you a Notice and Demand for Payment,
2. You neglected or refused to pay the tax; (this is usually done by phone) and
3. The Internal Revenue Service sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.
How the IRS must give you your Notice:
IRS has different options:
a. they may give you this notice in person,
b. leave it at your home or your usual place of business,
c.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. Call us for more details.
Levy Causing a hardship
If a levy on your wages, bank account or other property is causing a hardship you should contact us immediately.
If the IRS determines the levy is creating an immediate economic hardship, the levy may be released. Call us today and we can go over all your options.
Remember, a levy release does not mean you are exempt from paying the balance. penalties and interest will continue to accrue even if your case goes into an economic tax hardship.
Collection Due Process Hearing
You may ask an IRS manager to review your case, or you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a Collection Due Process hearing with the IRS office listed on your notice.
You must file your request within 30 days of the date on your notice. You may not ask for an appeal past the 30 days because it is in IRS policy that must be adhered to.
Some of the issues you may discuss include at your appeals hearing:
a. You paid all you owed before we sent the levy notice,
b. IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
c.The IRS made a procedural error in an assessment and you have proof to show such an error,
d. The time to collect the tax (called the statute of limitations) expired before we sent the levy notice, ( the normal collection statute is 10 years from the date of the assessment),
e. You did not have an opportunity to dispute the assessed liability,
f. You wish to discuss the collection options, or
g.You wish to make a spousal defense. This could result in the filing of an innocent spouse claim.
We are comprised of IRS tax attorneys, tax lawyers and IRS tax specialist. Call us today for free tax consultation and here the truth. We offer affordable billing. We are A+ rated by the Better Business Bureau.
At the conclusion of your hearing, the Office of Appeals will issue a determination. You will have 30 days after the determination date to bring a suit to contest the determination. Refer to Publication 1660 (PDF), for more information. If your property is levied or seized, contact the employee who took the action. You also may ask the manager to review your case. If the matter is still unresolved, the manager can explain your rights to appeal to the Office of Appeals.
Levying Your Wages, Federal Payments, State Refunds, or Your Bank Account
If we levy your wages, salary, federal payments or state refunds, the levy will end when:
The levy is released,
You pay your tax debt, or
The time expires for legally collecting the tax.
If we levy your bank account, your bank must hold funds you have on deposit, up to the amount you owe, for 21 days. This holding period allows time to resolve any issues about account ownership. After 21 days, the bank must send the money plus interest, if it applies, to the IRS. To discuss your case, call the IRS employee whose name is shown on the Notice of Levy.
by Fresh Start Tax | Mar 11, 2013 | Tax Help
Pompano, Deerfield Beach – Income Tax Preparation – Former IRS – Audit Proof Tax Return 954 -492-0088
Have former IRS agents, managers, and teaching instructors who worked in the local South Florida IRS offices for over 60 years prepare your income tax return. We can SAVE you money.
We have been preparing income tax returns since 1982 and have one of the highest ratings by the standards of the Better Business Bureau. We are A+ rated.
We can help audit proof your tax return because we have prepared thousands of income tax returns. We understand the IRS audit standards and the exact process the IRS will use to pull a tax return for a IRS tax audit. we know the IRS audit pit falls.
We know all the codes, tax regulations and every available tax deductions to make sure you pay the lowest amount of tax allowed by law.
We are a full service tax firm and all our work is done in-house. Also on staff are tax attorneys, certified public agents and enrolled agents.
So whether you need to get an income tax return prepared, have an IRS tax audit or need a tax debt settlement on your taxes, we are your full service local tax firm.
Contact us today for free initial tax consultation and we will show you how we can save your tax dollars and audit proof your tax return at the same time.
Tax Tips from Fresh Start Tax LLC – Social Security Benefits and Your Taxes
Some people must pay taxes on their Social Security benefits. If you get Social Security, you should receive a Form SSA-1099, Social Security Benefit Statement, by early February. The form shows the amount of benefits you received in 2012.
Here are tips to help you determine if your benefits are taxable:
1. The amount of your income and your filing status affect whether you must pay taxes on your Social Security.
2. If Social Security was your only income in 2012, your benefits are probably not taxable. You also may not need to file a federal income tax return.
3. If you received income from other sources, then you may have to pay taxes on your benefits.
4. You can follow these two quick steps to see if your benefits are taxable:
a. Add one-half of the Social Security benefits you received to all your other income, including tax-exempt interest. Tax-exempt interest includes interest from state and municipal bonds.
b. Next, compare this total to the ‘base amount’ for your filing status. If the total is more than your base amount, then some of your benefits may be taxable.
The three 2012 base amounts are:
$25,000 for single, head of household, qualifying widow or widower with a dependent child or married individuals filing separately who did not live with their spouse at any time during the year;
a. $32,000 for married couples filing jointly; and
b. $0 for married persons filing separately who lived together at any time during the year.
5. If you use IRS e-file to prepare and file your tax return, the tax software will figure your taxable benefits for you. If you file a paper return, you can use the Interactive Tax Assistant tool on the IRS website to check if your benefits are taxable. The ITA is a resource that can help answer tax law questions.
There also is a worksheet in the instructions for Form 1040 or 1040A that you can use to figure your taxable benefits.
Pompano, Deerfield Beach – Income Tax Preparation – Former IRS – Audit Proof Tax Return
by Fresh Start Tax | Mar 11, 2013 | Tax Help
Innocent Spouse – New Rules to help with Innocent Spouse Relief – Former IRS 1-866-700-1040
We are comprised of tax attorneys, tax lawyers, certified public accountants, enrolled agents and former IRS agents.
We have over 60 years of direct work experience and knowledge of the IRS .
We have worked out of the local, district, and regional tax offices of the Internal Revenue Service. As a result we are tax experts in the area of innocent spouse tax relief.
We taught Tax Law at the IRS.
Contact us today for free tax consultation and you will speak directly to former IRS agents or tax attorneys, all Innocent Spouse Experts.
The new rules governing innocent spouse tax relief.
The Internal Revenue Service announced that it will extend help to more innocent spouses by eliminating the two-year time limit that now applies to certain relief requests.
“In recent months, it became clear to me that we need to make significant changes involving innocent spouse relief,” said IRS Commissioner Doug Shulman. “This change is a dramatic step to improve our process to make it fairer for an important group of taxpayers.
We know these are difficult situations for people to face, and the change will help innocent spouses victimized in the past, present and the future.”
The new program
The IRS launched a thorough review of the equitable relief provisions of the innocent spouse program earlier this year.
Policy and program changes with respect to that review will become fully operational in the fall and additional guidance will be forthcoming.
However, with respect to expanding the availability of equitable relief:
1. The IRS will no longer apply the two-year limit to new equitable relief requests or requests currently being considered by the agency.
A taxpayer whose equitable relief request was previously denied solely due to the two-year limit may reapply using IRS Form 8857, Request for Innocent Spouse Relief, if the collection statute of limitations for the tax years involved has not expired.
Taxpayers with cases currently in suspense will be automatically afforded the new rule and should not reapply.
The IRS will not apply the two-year limit in any pending litigation involving equitable relief, and where litigation is final, the agency will suspend collection action under certain circumstances.
The change to the two-year limit is effective immediately, and details are in Notice 2011-70, posted today on IRS.gov.
The time period for filing for innocent spouse
Existing regulations, adopted in 2002, require that innocent spouse requests seeking equitable relief be filed within two years after the IRS first takes collection action against the requesting spouse.
The time limit, adopted after a public hearing and public comment, was designed to encourage prompt resolution while evidence remained available.
The IRS plans to issue regulations formally removing this time limit.
By law, the two-year election period for seeking innocent spouse relief under the other provisions of section 6015 of the Internal Revenue Code, continues to apply.
The normal refund statute of limitations also continues to apply to tax years covered by any innocent spouse request.
Available only to someone who files a joint return, innocent spouse relief is designed to help a taxpayer who did not know and did not have reason to know that his or her spouse understated or underpaid an income tax liability. Publication 971, Innocent Spouse Relief, has more information about the program.
Where should I file my Innocent Spouse claim?
Please mail the Form 8857, Request for Innocent Spouse Relief, to:
Internal Revenue Service
Innocent Spouse
Stop 840-F
P.O. Box 120053
Covington, KY 41012
OR
You may fax the Form 8857 and attachments to the IRS at 855-233-8558.
a. Please write your name and social security number on any attachments
b. Please do not file the Form 8857 with your tax return or Tax Court.
What type of documents do I need to submit with the Form 8857, Request for Innocent Spouse Relief?
Make sure you should carefully review the Form 8857, Request for Innocent Spouse Relief, and it will guide you on what documents to submit.
For very comprehensive information on Innocent Spouse, Publication 971, Innocent Spouse Relief, explains each type of relief, who may qualify, and how to request relief.
Innocent Spouse – New Rules to help with Innocent Spouse Relief – Former IRS
by Fresh Start Tax | Mar 11, 2013 | Tax Help
Tax Relief For Innocent Spouse – Speak with Former IRS Experts for Innocent Spouse 1-866-700-1040
We have over 60 years of direct working experience working for the Internal Revenue Service and the local, district, and regional tax offices.
We are tax experts for tax relief for innocent or injured spouses.
Call us today for a free tax consultation so we can review your case and let you know the likelihood for you to would achieve tax relief for innocent spouse case.
You will speak directly to former IRS agents and managers who will inform you of everything you’ll need to know to make a competent decision.
Here are some common questions and answers for tax free for innocent spouse
1. How do I request relief?
File Form 8857, Request for Innocent Spouse Relief, to ask the IRS for relief. You need not file multiple forms. One form can cover multiple years.
2. Should I include a letter when filing Form 8857?
You may include a letter and any other information you would like IRS to consider.
3. When should I file Form 8857?
You should file Form 8857 as soon as you become aware of a tax liability for which you believe only your spouse or former spouse should be held.
The following are some of the ways you may become aware of such a liability.
a. The IRS is examining your tax return and proposing to increase your tax liability.
b. The IRS sends you a notice.
PLEASE NOTE – However, you generally must file Form 8857 no later than 2 years after the first IRS attempt to collect the tax from you that occurs after July 22, 1998. (But see the exceptions below for different filing deadlines that apply).
Exception for equitable relief.
On July 25, 2011, the IRS issued Notice 2011-70 expanding the amount of time to request equitable relief. The amount of time to request equitable relief depends on whether you are seeking relief from a balance due, seeking a credit or refund, or both:
1. Balance Due.
Generally, you must file your request within the time period the IRS has
to collect the tax. Generally, the IRS has 10 years from the date the tax liability was
assessed to collect the tax. In certain cases, the 10-year period is suspended.
2. Credit or Refund.
Generally, you must file your request within 3 years after the date
the original return was filed or within 2 years after the date the tax was paid, whichever
is later. But you may have more time to file if you live in a federally declared disaster
area or you are physically or mentally unable to manage your financial affairs.
3. Both a Balance Due and a Credit or Refund.
If you are seeking a refund of amounts
you paid and relief from a balance due over and above what you have paid, the time
period for credit or refund will apply to any payments you have made, and the time
period for collection of a balance due amount will apply to any unpaid liability.
4. Where should I file my Innocent Spouse claim?
Please mail the Form 8857, Request for Innocent Spouse Relief, to:
Internal Revenue Service
Innocent Spouse
Stop 840-F
P.O. Box 120053
Covington, KY 41012
OR
You may fax the Form 8857 and attachments to the IRS at 855-233-8558.
a. Please write your name and social security number on any attachments
b. Please do not file the Form 8857 with your tax return or Tax Court.
5. What type of documents do I need to submit with the Form 8857, Request for Innocent Spouse Relief?
You should carefully review the Form 8857, Request for Innocent Spouse Relief, and it will guide you on what documents to submit. For comprehensive information on Innocent Spouse, Publication 971, Innocent Spouse Relief, explains each type of relief, who may qualify, and how to request relief.
6. I want to file, but I am afraid of what my ex-spouse will do, should I still file?
By law, the IRS must contact your spouse or former spouse. There are no exceptions, even for victims of spousal abuse or domestic violence. Therefore, you should consider all options including an Offer-in-Compromise Doubt as to Liability.
We will inform your spouse or former spouse that your filed Form 8857 and will allow him or her to participate in the process. We must also inform him or her of its preliminary and final determinations regarding your request for relief.
However, to protect your privacy, the IRS will not disclose your personal information (for example, your current name, address, phone number(s), information about your employer, your income or assets? or any other information that does not relate to making a determination about your request for relief from liability.
7. How long will the process take?
When a Form 8857, Request for Innocent Spouse Relief, is filed with the IRS, it may take up to 6 months before a determination is made. During the processing time, the Service is requesting your tax information and contacting the non-requesting spouse. By law, the IRS must contact your spouse or former spouse.
There are no exceptions, even for victims of spousal abuse or domestic violence.
Tax Relief For Innocent Spouse – Speak with Former IRS Experts for Innocent Spouse
by Fresh Start Tax | Mar 11, 2013 | Tax Help
How to get IRS Tax Levy LIFTED from Paycheck, Salary – Former IRS 1-866-700-1040
We are comprised of tax attorneys, tax lawyers, certified public accountants that can get your IRS tax levy lifted from your paycheck or salary.
We 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 are tax experts in IRS tax levy releases or removals. Not only can we get your IRS tax levy lifted we can also go ahead and settle your tax case at the same time.
If you want to get your IRS tax levy lifted from your paycheck or a salary you will have to call the Internal Revenue Service and give them financial information before they will make a decision to lift the IRS Tax Levy.
IRS will require a form 433-F or 433-A which is their version of a financial statement.
IRS will want complete documentation to verify all the facts and figures on the financial statement before they will make a determination to lift your paycheck or salary from the IRS Tax Levy.
Being a former IRS agent I would not recommend that anybody get the Internal Revenue Service financial statement unless it is reviewed by a professional tax firm.
In most cases when taxpayers call the IRS and they are unrepresented by a true tax professional the taxpayer will find that the IRS uses the financial statement against them to collect as much money as they can.
Call us today for free tax consultation and let us review the process on how to get your IRS tax levy lifted. You can also fill out a form 433-A-or 433-F-and fax or scan that to us and we will give you a free determination on how fast we can get your IRS tax levy lifted.
What if a levy on my wages is causing a hardship?
If the levy is creating an immediate economic hardship, the levy may be released. A levy release does not mean you are exempt from paying the balance. The IRS will work with you to establish payment plans or take other steps to help you pay off the balance.
What is an IRS tax Levy.
A levy is a legal seizure of your property to satisfy a tax debt.
Levies are different from liens. A lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt.
If you do not pay your taxes (or make arrangements to settle your debt), the IRS may seize and sell any type of real or personal property that you own or have an interest in. For instance,
The IRS could seize and sell property that you hold (such as your car, boat, or house), or
they could levy property that is yours but is held by someone else (such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions).
IRS usually levy only after these three requirements are met:
1. The IRS assessed the tax and sent you a Notice and Demand for Payment;
2.. You neglected or refused to pay the tax; and
3. The IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.
The Internal Revenue Service has an option, they may give you this no;
a. in person,
b. leave it at your home or your usual place of business, or
c. send it to your last known address by certified or registered mail, return receipt requested.
Please note:
If they levy 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.
You may ask the Manager to review your case
You may ask an IRS manager to review your case, or you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a Collection Due Process hearing with the IRS office listed on your notice.
How to get IRS Tax Levy LIFTED from Paycheck,Salary – Former IRS
by Fresh Start Tax | Mar 11, 2013 | Tax Help
Salary Levy, Tax Garnishments – Get Levy Stopped – 1-866-700-1040
We can get your Salary Levy or Tax Garnishment released. Your salary levy tax garnishment will not go away until you obtain a release from IRS.
Each and every paycheck the salary levy will continue to be enforced.
Call today for a no cost consultation and start the process right now. We have released hundreds upon hundreds of Salary Levy Tax Garnishments.
We are comprised of Tax Attorney’s, Tax Lawyers, CPA’s and Former IRS agents, managers and instructors.
We have over 60 years of working directly for the Internal Revenue Service and the local, district, and regional offices of the Internal Revenue Service.
We know the exact process on how to stop or get immediate tax relief from a salary levy or an IRS tax garnishment.
IRS will require a financial statement that is fully verified and then make a determination on how IRS will closure case.
As a general rule there are three different closing methods that IRS to remove your case off the enforcement computer.
IRS will either put you in:
1. economic tax hardship,
2. ask for a monthly installment payment agreement or,
3. recommend the taxpayer file for an offer in compromise or a IRS tax debts settlement.
Call us today and we will go ahead and initiate a free tax consultation to go ahead not only to get you your salary or wages back in your hand but we will also settle your case.
We are experts in fast resolution in IRS Salary Levy
Continuous Effect of Levy on Salary and Wages
Unlike other levies, a levy on a taxpayer’s wages and salary has a continuous effect. The salary levy or tax garnishment will not stop until you give IRS a detailed financial statement.
A Salary Levy or Tax Garnishment attaches to future payments, until the levy is released. Wages and salary include fees, bonuses, commissions, and similar items.
All types of other levies only attach to property and rights to property that exist when the levy is served.
Bank Account Levy
If a bank account is levied, it only reaches money in the account when the levy is served. It does not reach money deposited later. Many taxpayers feel that their bank accounts can never be used again after an IRS levy or tax garnishment hits their bank accounts.
The reality is, the levy or tax garnishment only is in effect the day the levy hits the bank. You can continue to use your bank account as much as you want. IRS will have to issue another levy to seize garnish other funds
If the taxpayer’s right to that payment is not dependent upon the performance of future services, then the levy will reach the future payments as well.
Retirement, Royalties Income can be levied as well.
A Form 668-A is issued to levy an author’s royalties. The author has a fixed and determinable right to royalties for books that have already been published.
The IRS levy reaches royalties for sales of those books in the future.
The levy does not reach royalties for books that are written and published later. A new levy must be served to take those royalties.
As a Example:
A Form 668-W is issued to levy a taxpayer’s retirement income. The taxpayer has a fixed right to the future payments; therefore, the levy remains in effect until it is released.
Exempt Amount for the Tax Levy
Part of the individual taxpayer’s wages, salary, (including fees, bonuses, commissions and similar items) and other income, as well as retirement and benefit income, is exempt from levy.
The weekly exempt amount is:
The total of the taxpayer’s standard deduction and the amount deductible for exemptions on an income tax return for the year the levy is served.
Then, this total is divided by 52.
Income that is not paid weekly is prorated, so the same amount is exempt.
In addition, the amount the taxpayer needs to pay court ordered child support is exempt.
Is there financial relief if you are subject to a levy?
First must make sure or you, determine if you owe the tax.
Check your tax bill and tax returns and make sure the amount is correct and owed.
If you do owe the tax, there may be options that can provide financial relief, including:
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.
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?
Call Fresh Start Tax LLC immediately if you cannot pay all or part of the tax you 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.
Salary Levy, Tax Garnishment, – Get Levy Stopped, – Stop Salary Levy Today,
