Taxpayer’s advocate, when you disagree with the IRS
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This information is taken directly from the IRS site so you can understand their system.
Predictive Dialing System – Aspect Automated Call Distributor (PDS) |
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Many people truly want to pay the IRS and get back into the system, but do not know what to do next.
I want to file but I do not have the money to pay IRS, what should I do?
Believe it or not, IRS wants you back into the system. Most of the time, everyone who wants back into the system stays out because they do not have the money. You need to be prepared to get back into the system because at some point in time, they, the IRS will find you. Be prepared to know what action the IRS will take. Most of the time the IRS is very consistent in their behavior and a good plan can be set up to defend what offense they will take. The IRS will accept the last 3 to 6 years of tax returns and want a current financial statement. A good professional firm knows how to handle these situations and prepares you accordingly. Do not be afraid, just take the next step. We have done this thousands of times with great success.
What do you do if you have never filed a tax return and owe back taxes?
There are several things to do. After years of experience working at the Internal Revenue Service I have dealt with this situation thousands of times. First of all, most people want to get back in the system and do not know what to do to get there. Follow this advice. Get current in the situation you are in. If you are an employer, start making current payroll tax deposits. If you are a sole proprietor, make an estimated tax payment. If you are a wage earner, make sure you have enough withholdings taken out of your check. The next step is to get all your tax returns prepared by a professional company, so you can get the lowest possible tax due to the Internal Revenue Service. It should be noted that a number of our clients we have seen over the years DO NOT owe tax because they have had the proper withholding taken out and simply do not owe any money.
The next and most important step if you owe tax is to find out what your exit strategy will be. You MUST sit down with a professional and find the area that the IRS will attack. Their mission is for you to liquidate all assets immediately and set up a payment plan. There is room for tax planning so that the IRS will not strip you of all your assets.
Prepare to have a federal tax lien filed and/or your pension plan or 401 hit.
We can really help these situations. The proper planning is necessary to ensure the best results for you to move forward.
The IRS has come out with some new softening approaches on dealing with the new hardships that are hitting the taxpayer in the wallet. Here is what you can now expect.
Postponement of Collection Actions: IRS employees will have greater authority to suspend collection actions in certain hardship cases where taxpayers are unable to pay. The IRS is just starting the program this year. This includes cases when the taxpayer has recently lost a job, is relying solely on Social Security or welfare income or is facing devastating illness or significant medical bills. If an individual has recently encountered this type of financial problem, IRS assistors may be able to suspend collection without documentation to minimize burden on the taxpayer. Documentation is needed to prove these situations.
Added Flexibility for Missed Payments: The IRS is now allowing more flexibility for previously compliant individuals in existing Installment Agreements who have a tough time making payments because of a job loss or other financial hardship. The IRS may allow a skipped payment or a reduced monthly payment amount without automatically suspending the Installment Agreement. Taxpayers in a difficult financial situation should contact a tax professional to help with their situation.
Additional Review for Offers in Compromise on Home Values: An Offer in Compromise, an agreement between a taxpayer and the IRS that settles the taxpayers tax bill for less than the full amount owed, may be an option for taxpayers experiencing economic difficulties. However, the equity taxpayers have in real property can be a barrier to an OIC being accepted. With the uncertainty in the housing market, the IRS recognizes that the real-estate valuations used to assess ability to pay may not be accurate. So in instances where the accuracy of local real-estate valuations is in question or other unusual hardships exist, the IRS is creating a new second review of the information to determine if accepting an offer is appropriate.
Prevention of Offer in Compromise Defaults: Taxpayers who are unable to meet the periodic payment terms of an accepted OIC will be able to contact the IRS office handling the offer for available options to help them avoid default.
IRS seems to be working hard to help taxpayers but only time will tell.
As we have discussed in the past, there are several ways to settle your case. This is the third of the bunch.
The third type of Settlement program which may be right for you in the Offers in Compromise program is the Deferred Periodic Payment. This type of Offer is payable in six or more installments, 25 or more months from the IRS received date, but within the statutory period for IRS to collect the money which is usually 10 years from the date of assessment. The Offer must be accompanied with the first proposed installment and all additional installments paid in accordance with your purposed terms of the Offer you sent in. These payments are to be continued to be made until the IRS works and closes the Offer.
The pros about this type of Offer is that the IRS is off your back and if you keep the terms of the agreement the case is settled for good.
The con side of this type of case is that you cannot miss a payment and that the lien is not released until all payments are made. You really need to consult a professional to help make the proper decision on all types of Offers.