by Fresh Start Tax | Nov 1, 2012 | IRS Tax Problem, Representation, Tax Lawyer, Tax Levy and Wage Garnishments, Tax Relief, Tax Settlements
IRS Levy, IRS Tax Garnishments, Tax Settlements 1-866-700-1040
Stop the worry today. Use of years of IRS experience to settle your tax case.
We offer quick and affordable tax settlement solutions.If you have received a IRS Notice of Federal Tax Levy or Notice of a Tax Tax Levy Garnishment call us today to get immediate IRS tax relief.
1-866-700-1040. Free tax consult.
We are A plus rated by the Better Business Bureau.
On staff are Tax Attorneys, CPA’s and Former IRS agents. We cover all spectrum of IRS and State Tax Representation. We are a IRS and State tax specialty firm and are true experts in our fields. We have over 206 years of total tax experience.
We taught Tax Law at the IRS. We can get results fast, quick and for affordable pricing.
How the Release or Removal of your IRS Tax Levy or IRS Wage Garnishment take place.
IRS sends series of tax notices or letters to each tax entity that owes tax whether it be a business of a individual. All these tax notices or tax letters are sent out systemically.After of series of 3 letters or notices are sent to the taxpayer the IRS Cade 2 commuter system generates a notice of tax levy or wage garnishment.
If the levy was sent to your bank account the bank must freeze your funds for 21 days giving you time to call IRS and get the levy released or removed.
If the Notice of Wage Garnishment was sent to your employer a large portion of your check will be sent to the IRS until the levy is released.The Wage Garnishment will never stop unless you quit the job or work out a tax settlement.
To get the levy released the IRS has different plan options depending on your financial statement.
We will review your 433 A or 433 F, the IRS financial statement and review the best option that fits your lifestyle and work out a IRS tax settlement.
Levies vs. Liens
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.
You must close your case off of the IRS enforcement computer.
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.
As a Example, the IRS could:
1.Seize and sell property that you hold such as your car, boat, or house,
2. the IRS 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,
3. Seize your IRA or pension plan,
4. File a Federal Tax Lien.
IRS can only seize usually after these three requirements are met:
1. After the IRS assessed the tax and sent you a Notice and Demand for Payment;
2. If you neglected or refused to pay the tax; and
3. After IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing at least 30 days before the levy.
Source of Delivery of the Levy or Garnishment to be valid.
IRS must give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested.
IRS has the ability to levy or garnish your state tax refund.
Call us today 1-866-700-1040. Hire trust & experience.
by Fresh Start Tax | Nov 1, 2012 | Expatriate Tax, FBAR, Tax Lawyer, Tax Returns
FBAR Attorneys, Lawyers – Filing, Penalties, Settlement – International Tax Attorney, Lawyer – FBAR, EXPAT Experts
If you are looking for true FBAR and Expatriate Experts contact our office today for a NO COST consult. 1-866-700-1040.
All calls are confidential.
We have over 206 years of total tax experience and over 60 years of working directly for the Internal Revenue Service in the local, district and regional offices.
We taught Tax Law at the IRS and are familiar with all the tax policies, tax procedures, settlement and closing policies.
The Federal Government has been very aggressive in working Offshore Taxpayers. With the downfall of UBS the Feds set there sites and bank and financial institutions world wide. Both the DOJ and the IRS are involved with these projects. It will only be a matter of time until all countries are submitting to US requests for account holders. No one ever thought Lichtenstein a tiny Alpine village would ever succumb to US pressure but it did and the countries will all start fall like domino’s.
If you are finding yourself in a awkward position regarding you taxes it is best to get a professional legal opinion on where you stand.
It is always best for you to find the IRS before they find you.
That is where we come in. We have a wealth of experience so you can move forward worry free. 1-866-700-1040.
The Foreign Account Tax Compliance Act.
FATCA enacted in 2010 as part of the Hiring Incentives to Restore Employment Act, is an important development in U.S. efforts to combat tax evasion by U.S. persons holding investments in offshore accounts.
Under FATCA, certain U.S. taxpayers holding financial assets outside the United States must report those assets to the IRS.
FATCA will require all foreign financial institutions to report directly to the IRS certain information about financial accounts held by U.S. taxpayers, or by foreign entities in which U.S. taxpayers hold a substantial ownership interest. There are prescribed dollar criteria.
Reporting by U.S. Taxpayers Holding Foreign Financial Assets
FATCA requires certain U.S. taxpayers holding foreign financial assets with an aggregate value exceeding $50,000 to report certain information about those assets on a new form (Form 8938) that must be attached to the taxpayer’s annual tax return.
Tax and financial reporting applies for assets held in taxable years beginning after March 18, 2010. For most taxpayers this will be the 2011 tax return they file during the 2012 tax filing season. Failure for taxpayers to report foreign financial assets on Form 8938 will result in a penalty of $10,000 and a penalty up to $50,000 for continued failure after IRS notification.
Underpayments of tax attributable to non-disclosed foreign financial assets will be subject to an additional substantial understatement penalty of 40 percent.
Reporting by Foreign Financial Institutions
FATCA will also require foreign financial institutions (“FFIs”) to report directly to the IRS certain information about financial accounts held by U.S. taxpayers, or by foreign entities in which U.S. taxpayers hold a substantial ownership interest.
For taxpayers to properly comply with these new reporting requirements, an FFI will have to enter into a special agreement with the IRS by June 30, 2013. Under this agreement a “participating” FFI will be obligated to:
1. undertake certain identification and due diligence procedures with respect to its account holders;
2. report annually to the IRS on its account holders who are U.S. persons or foreign entities with substantial U.S. ownership; and
3. withhold and pay over to the IRS 30-percent of any payments of U.S. source income, as well as gross proceeds from the sale of securities that generate U.S. source income, made to:
a.non-participating FFIs,
b.individual account holders failing to provide sufficient information to determine whether or not they are a U.S. person, or
c.foreign entity account holders failing to provide sufficient information about the identity of its substantial U.S. owners.
Notice 2011-53 provides the phased-in timeline of key FATCA implementation dates for FFIs.
It is important to note that many details of the new reporting and withholding requirements pertaining to FFIs must be developed through Treasury regulations. Proposed regulations were issued on Feb. 8, 2012.
Contact us today for find out more. 1-866-700-1040.
by Fresh Start Tax | Oct 22, 2012 | IRS Tax Problem, Tax Help, Tax Lawyer
Have Former IRS Agents, Attorneys, Lawyers and CPA’s handle and settle your IRS matter once and for all.
Let our 206 years of tax help experience get you peace of mind!
If you are having a IRS Tax Problem and need tax help call us today to a no cost professional tax consult and stop the worry today. 1-866-700-1040.
Use our experience to stop the worry and get your case settled. yes, you can relax again!
We are comprised of Tax Attorneys, Tax Lawyers, CPA’s and Former IRS Agents who have over 206 years of IRS tax problem help experience.
We have over 60 years of working directly for the IRS as agents, managers, supervisors, instructors and as appeal agents. We handle any IRS tax problem issue you may have.
We can handle all back, late or past due filings, work out payment or installment agreements, handle IRS or State tax audits and settle your case with the Internal Revenue Service.
IRS Tax Problem Help can come through IRS Tax Settlements called Offers in Compromise.
An IRS tax debt settlement of the legal term offer in compromise allows you to settle your tax debt for less than the full amount you owe the IRS.
It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship.The IRS will make sure you are a Offer candidate before working the case.
You have 3 viable options that you can consider to help settle or close your case. You have the option of applying for a IRS hardship, a payment plan or the offer in compromise. route.
Your current financial statement will determine the course of action that the IRS will take.
Should you consider the IRS Settlement, these are things you need to keep in mind.
IRS will consider your unique set of facts and circumstances:
a. Ability to pay;
b. Income;
c. Expenses; and
d. Asset equity.
IRS will generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time.
IRS will want you to explore all other payment options before submitting an offer in compromise.
The Offer in Compromise program is not for everyone, you must qualify first.
If you hire a tax professional to help you file an offer, be sure to check his or her qualifications.
Two rules for eligibility:
Before we can consider your offer, you must be current with all filing and payment requirements.
You are not eligible if you are in an open bankruptcy proceeding.
Call us today and hear the truth.
by Fresh Start Tax | Oct 6, 2012 | Back Taxes, Expatriate Tax, FBAR, Income Tax Preparation, Tax Lawyer, Tax Returns
Yes the IRS is really trying to help, well, help them get you to file FBAR reports.
There is a new FBAR procedure out that may help many taxpayers and individuals.
If you are responsible to file a FBAR this better be on your radar screen. The IRS and the DOJ has been very active in going after tax cheats and non- filers. Country by country the IRS is coming your way.
When UBS gave in to US pressure it was just a matter of time that other countries would be next.
When Lichtenstein went down there was a clear sent that the IRS and the DOJ was going country by country. Each country is giving way to US demands and is turning over account information of all US citizens.
Our advice to all our clients, find the IRS before they find you.
We are comprised of Board Certified Tax Attorneys, Lawyers CPA’s and Former IRS Agents. We are FBAR experts. We can help with Foreign Retirement Accounts and Pension Plans.
Call us today for a free tax consult, 1-866-700-1040. Speak directly to a Tax Attorney or Lawyer.
The Internal Revenue Service announced a plan to help U.S. citizens residing overseas, including dual citizens, catch up with tax filing obligations and provide assistance for people with foreign retirement plan issues.
The IRS will provide a new option to help some U.S. citizens and others residing abroad who have not been filing tax returns and provide them a chance to catch up with their tax filing obligations if they owe little or no back taxes.
The new procedure will go into effect on Sept. 1, 2012.
The IRS is aware that some U.S. taxpayers living abroad have failed to timely file U.S. federal income tax returns or Reports of Foreign Bank and Financial Accounts .
Some of these taxpayers have recently become aware of their filing requirements and want to comply with the law.
To help these taxpayers, the IRS offered the new procedures that will allow taxpayers who are low compliance risks to get current with their tax requirements without facing penalties or additional enforcement action.
These people generally will have simple tax returns and owe $1,500 or less in tax for any of the covered years.
The IRS also announced that the new procedures will allow resolution of certain issues related to certain foreign retirement plans (such as Canadian Registered Retirement Savings Plans).
In some circumstances, tax treaties allow for income deferral under U.S. tax law, but only if an election is made on a timely basis.
The new streamlined procedures will be made available to resolve low compliance risk situations even though this election was not made on a timely basis.
Taxpayers using the new procedures will be required to file delinquent tax returns along with appropriate related information returns for the past three years, and to file delinquent FBARs for the past six years.
Submissions from taxpayers that present higher compliance risk will be subject to a more thorough review and potentially subject to an audit, which could cover more than three tax years.
The IRS also announced its offshore voluntary disclosure programs have exceeded the $5 billion mark, released new details regarding the voluntary disclosure program announced in January and closed a loophole used by some U.S. citizens.
by Fresh Start Tax | Oct 4, 2012 | Expatriate Tax, FBAR, Tax Lawyer
Are you Afraid to File FBAR and Amending your Tax Returns?
Do not be worried, file. Stop the worry. 1-866-700-1040
You need to file your FBAR Reports and file your amended tax returns before IRS comes knocking.
The bottom line is this, if you file before contacted by the IRS you will probably avoid prison time however, you still will have to pay the tax but the penalties can possibly be settled.
Not everyone is a tax cheat or a tax crook.
Not everyone is going to jail or will be sentenced. The IRS hangs over the head of all FBAR filers the possibility of sentencing. The CI unit of the IRS or the Criminal Division is not interested in individuals who did not know or the individual who was not willful or intentional of not filing FBARS and amended tax returns, IRS is interested in the large dollar individuals with the intent to deceive and evade paying taxes.
It is critical if you are to take anything out of this article is to absolutely make sure you file your FBAR report and file any and all amended tax returns that should and need to be addressed.
Without question, the IRS will eventual hunt you down. The Foreign banks and financial institutions have gave way to US pressure and are turning over names and bank accounts numbers and dollar amounts to the DOJ and the IRS.
There is now a matching program that is taking place. Once the IRS CADE 2 computers are fully loaded, individuals will be getting letters and notices from IRS and possibly from the criminal division about unfiled FBAR Reports and income that individuals have failed to report.
When UBS gave way Lichtenstein followed and soon everyone will be country will be included. Most investors have little to worry about. They can simple file FBAR and amend their tax return, pay the tax and walk away.
You may want to call our office to find out more detail regarding your individual situation.
Each case is unique and there are no two cases the same.
So , what ever you do, make sure your file all FBAR’s and amended tax returns before the IRS finds you, Michael D. Sullivan
The requirements:
If you have a financial interest in or signature authority over a foreign financial account, including a bank account, brokerage account, mutual fund, trust, or any other type of foreign financial account, the Bank Secrecy Act ( BSA ) may require you to report the account yearly to the Internal Revenue Service by filing Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR). You can find the form on our website.
If you are required to file a federal income tax return and fail to do so, or you fail to pay the amount of tax shown on your federal income tax return, you may be subject to a penalty under Internal Revenue Code (IRC) section 6651, unless you show that the failure is due to reasonable cause and not due to willful neglect.Call us to avoid penalty and interest. 1-866-700-1040. Speak directly to a tax attorney.
The Penalty
The penalty is 5 percent of the amount of tax required to be shown on the return. If the failure continues for more than one month, an additional 5 percent penalty may be imposed for each month or fraction thereof during which the failure continues.
The total failure to file penalty cannot exceed 25 percent.
Please Note – that there is no penalty if no tax is due.
If you fail to pay you tax
If you fail to pay the amount of tax shown on your federal income tax return, you may be subject to a penalty for failing to pay under IRC section 6651(a)(2), unless you show that the failure is due to reasonable cause and not due to willful neglect.
The penalty begins running on the due date of the return (determined without regard to any extension of time for filing the return) and is 1/2 percent of the amount of tax shown on the return. If the failure continues for more than one month, an additional 1/2 percent penalty may be imposed for each additional month or fraction thereof that the amount remains unpaid.
The total failure to pay penalty cannot exceed 25 percent.
Note that there is no penalty if no tax is due.
Under IRC section 6651(c)(1), the failure to file penalty is reduced by the amount of the failure to pay penalty for any month in which both apply.
Call us today and speak directly to a Tax Attorney or Tax Lawyer. 1-866-700-1040
by Fresh Start Tax | Oct 3, 2012 | Expatriate Tax, FBAR, Offshore Tax Problems, Representation, Tax Lawyer
FBAR Filing Help – Late, Unfiled, Delinquent – Representation & Negotiation – Fresh Start Tax LLC – Attorneys, Former IRS
Michael D. Sullivan is Former Award Winning IRS Agent and Teaching Instructor with the Internal Revenue Service. Mr. Sullivan worked in the local, district and regional offices of the IRS.
Mr. Sullivan has been in private practice since 1982 and is a tax expert in the field of Federal and State Tax Resolution.
FBAR filing is certainly been a hot topic of late. The Department of Justice ( DOJ ) and the IRS has made this priority number one due to the huge amounts of tax revenue it has brought in to the US economy. FBAR filing and paying has been a huge boost to the coffers of the US Treasury. $5.5 Billion has already been collected when 33,000 individuals came forward.
Both government agencies ( IRS and DOJ ) have made this a priority and with the fear of going to jail a record number of individuals are coming forward to file back, late and or delinquent FBAR Reports and Amended Tax Returns.
IRS keep a list of prosecutions on there website. You will find out the fine amounts and the sentencing involved.
The individual has basically two options.
Option number one is to make what is called a ” quiet disclosure.” A Quiet disclosure is simply filing and FBAR report and amending your tax returns. The second option is to contact CI and file through CI.( Criminal Investigation )
There are pro’s and con’s to both. It is critical to contact a Tax Attorney or Tax Lawyer to help make these decision. Those decisions are based on your individual history and fact pattern on your unique case. Many factors are taking into consideration before an opinion can be rendered.
How do you report FBAR and amending your tax returns.
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).
When is the FBAR due?
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.
PLEASE NOTE – Filers cannot request an extension of the FBAR due date. Due date is the due Date!
Filing and amended FBAR
If you need to amend, FBAR filers can amend a previously filed FBAR by:
a. Checking the Amended box in the upper right-hand corner of the first page of the form,
b. Making the needed additions or corrections,
c. Stapling or attaching it to a copy of the original FBAR and
d. Attaching a statement explaining the additions or corrections.
If you fail to file a FBAR Report.
Failure to file an FBAR when required may potentially result in civil penalties, criminal penalties or both. Much depends on your case history and amount of tax owed and intent or lack thereof.
If you learn you were required to file FBARs for earlier years, file the delinquent, late or past due FBAR reports and attach a statement explaining why the reports are filed late.
Be careful with this statement. It is best to have a tax attorney or tax lawyer write this letter.
No penalty will be asserted if the IRS investigator determines that the late filings were due to reasonable cause. This is the reason a quite disclosure is sometimes recommended.
Can a cumulative FBAR penalties exceed the amount in a taxpayer’s foreign accounts?
This is a killer but the answer is yes!
Under the current 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.
For simple FBAR Reporting and amending of tax returns there is no reason why individuals cannot do this on there own. Forms are available online.
If you are not sure about your situation and have other issues, it is highly recommended to a call us today for a no cost tax consult. 1-866-700-1040.
FBAR Filing Help, Amending Tax Returns, Representation & Negotiation, Attorneys, Former IRS, Ex-Pat Representation
