by Fresh Start Tax | Dec 9, 2012 | Innocent / injured Spouse, IRS Notice or Letter, IRS Representation, Uncategorized
Innocent Spouse Relief – Help with IRS Tax Bill, Notice
Fresh Start Tax L.L.C. – New Jersey
209 Cooper Ave,
Upper Montclair, NJ 07043
1-866-700-1040
If you have received a Tax Notice or Tax Bill from the IRS and need tax help or relief call us today for a no cost professional tax consult.
We handle all IRS matters and tax problems. All work is done in house.
We are comprised of Tax Attorneys, CPA’s and Former IRS Agents and Managers.
As Former IRS agents not only did we teach Tax Law at the IRS we also have over 60 years of direct work experience in the local, district and regional offices of the IRS.
Do not panic and stop the worry. We have successfully handled thousands of IRS and State Cases.
IRS sends out millions and millions of tax notices or bills each and every year.
So before worry and fear sets in, discuss the matter with a tax professional so we can help relieve some of the stress.
No matter what the problem or need we will be able to help solve your problems for affordable fees and quick resolution.
Received an IRS Intent to Levy, Notice/Bill or Certified Letter, How we work to successfully close your case:
If you have received a Notice or Letter from the IRS do not panic. These cases are easily handled. We are former IRS Agents, Managers and Instructors. Do not worry!
1. We review your IRS notice and or letter and immediately check for the accuracy against your tax records. IRS make mistakes too,
2. We will pull IRS tax transcripts and check for the validity of the tax in question,
3. We send to the IRS a power of attorney and see how we can readily resolve the problem, you will never speak to the IRS,
4. We speak with our client, explain the situation and come up with the very best case resolution,
5. We contact the IRS letting them know how we want to settle or resolve the case once and for all.
The New Innocent Spouse Provision.
The new rule for the innocent spouse relief program.
The two-year time limit no longer applies for innocent spouse requests for equitable relief. The IRS will consider a request for equitable relief if the collection statute of limitations for the tax years involved has not expired, or if the taxpayer is seeking a refund, if the refund statute of limitations has not expired.
Many taxpayers that were previously denied because of the two-year limit may now qualify for relief. Call us today to find out more 1-866-700-1040.
Frequently asked Questions about Innocent Spouse
Does the New Tax Law changes apply to all requests for innocent spouse relief?
The new tax change applies only to requests for equitable relief.
The two-year limit continues to apply to requests submitted on other grounds.
The change applies to new innocent spouse requests, based on:
1. equitable relief, requests currently under consideration by the IRS or the court, and
2. to requests that were previously disallowed by the IRS due to the two-year limit.
Do taxpayers need to do anything if they previously asked the IRS to suspend consideration of their equitable relief request while the two-year deadline was being appealed in court?
No.
If a taxpayer requested that the IRS suspend consideration of their equitable relief request while the two-year deadline was being appealed in court, the IRS will review the original request for relief and provide notification to taxpayers who had their request suspended at that time.
The taxpayer does not need to resubmit a claim for relief.
Who can or should reapply for relief?
Taxpayer(s) seeking equitable relief, who were previously denied due to the two-year limit, may now reapply by using IRS Form 8857, Request for Innocent Spouse Relief, if the collection statute of limitations for the tax years involved has not expired, or if appropriate, the refund statute of limitations has not expired.
The IRS will treat the taxpayer’s original request for equitable relief as a claim for refund for purposes of the refund statute.
Will collection activity continue if a taxpayer reapplies for relief?
When a taxpayer reapplies for relief after having a prior request denied because it was untimely, the IRS is prohibited by statute from taking any new collection action against the taxpayer for the tax years involved.
IRS collection activity taken prior to the filing of the claim would remain in place such as IRS Tax Levy, Tax Garnishment or Federal Tax Lien.
As a result, the statute provides that the collection statute of limitations for tax years will be suspended during the time the IRS is prohibited from collecting.
If the taxpayer has any questions, the taxpayer may contact the Chief Counsel attorney.
When can taxpayers be notified if they’ve been granted relief under this new provision?
The IRS will advise taxpayers within 90 days of the progress of their case. It may take some time to contact the person who was the applicant’s spouse during the tax year in question (as required by law).
There will be no new collection activity while processing these types of requests. It may also take some time to work through and make final determinations with respect to cases currently in suspense.
Help with IRS Tax Bill, Notice – Innocent Spouse Relief – Upper Montclair, Cedar Grove, West Orange, Ridgewood, Mendham, Franklin Lakes, Newark, Bernardsville – New Jersey
by Fresh Start Tax | Dec 2, 2012 | Back Taxes, New Jersey Tax, Tax Settlements
File Back Tax Returns, Settle Back Tax – Tax Attorneys, Former IRS- Upper Montclair, Cedar Grove, West Orange, Ridgewood, Mendham, Franklin Lakes, Newark, Bernardsville – New Jersey
Fresh Start Tax LLC – New Jersey
209 Cooper Ave,
Upper Montclair, NJ 07043 1-866-700-1040
Hire local IRS tax representation to file you back, late, or past due tax returns and settle your back taxes all at the same time.
We are comprised of Tax Attorneys, Tax Lawyers and Former IRS Agents and Managers.
We have over 60 years of direct experience at the IRS.
We have successfully represented thousands of taxpayers with back tax issues and tax settlements.
All first time consultation are free 1-866-700-1040. Call us, we are friendly and affordable.
IRS Tax Settlements and Back Tax.
This process is called An offer in compromise that allows you to settle your tax debt for less than the full amount you owe.
It may be a legitimate option if you cannot pay your full tax liability, or doing so creates a financial hardship.
IRS will consider your unique set of facts and circumstances:
1. Ability to pay,
2. Income,
3. Expenses and,
4. 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.
Filing Back taxes, you should file before the IRS files your back tax returns
If you do not file your back tax returns the IRS can file for you and this will spell trouble. The IRS will use the highest standard that they can and create a valid tax assessment made up of your income and no expenses.
If you do not follow up and ask for a tax reconsideration the IRS can follow that up with the filing of a Federal Tax Lien, a Bank Levy or a Wage Garnishment.
It is imperative you rectify these issues before the IRS enters the assessment phase.
Call us today for more details. 1-866-700-1040.
IRS can prepare your tax return under 6020B of the IRM
IRC 6020(a)
You can bring the information in to the IRS and they can prepare your return.
If the taxpayer will consent to disclose all information necessary for the preparation of the return(s), IRC 6020(a) states,
“… the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.”
This does not include the taxpayer signing a waiver of restriction on assessment (e.g., Form 4549, Income Tax Examination Changes, or Form 870, Waiver of Restrictions on Assessment & Collection of Deficiency in Tax & Acceptance of Over-assessment,) which does not constitute a return under IRC 6020(a).
Delinquency penalties are applicable.
Under IRC 6020(b)
Those who willfully fail to file.
IRC 6020(b) states, “If any person fails to make any return required by any Internal Revenue Law or regulation made there under at the time prescribed therefore, 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.”
IRC 6020(b)(2) states,
“Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes. This is an SFR or substitute for Tax Return.
File Back Tax Returns, Settle Back Tax – Tax Attorneys, Former IRS – Upper Montclair, Cedar Grove, West Orange, Ridgewood, Mendham, Franklin Lakes, Newark, Bernardsville – New Jersey
by Fresh Start Tax | Nov 30, 2012 | New Jersey Tax, Tax Returns
Income Tax Preparation, Tax Services CPA’s, Former IRS
We are a full service tax firm. We are A plus rated BBB.
We can help audit proof your individual or business tax return. 1-866-700-1040.
We have on staff Board Certified Tax Attorneys, Tax Lawyers, CPA’s and Former IRS Agents, Managers and Instructors.
We have over 205 years of total IRS and State Tax Experience and over 60 years of direct work expereince at the IRS in the local, district and regional offices of the IRS.
Fresh Start Tax LLC – New Jersey
209 Cooper Ave,
Upper Montclair, NJ 07043
1-866-700-1040
We offer a FREE initial consultation for business owners.
Fresh Start Tax LLC
Preparing your own income tax return can be a task that leaves you with more questions than answers.
According to a study released by the US Government’s General Accounting Office last year, most taxpayers (77% of 71 million taxpayers) believe they benefited from using a professional tax preparer.
Whether we like it or not, today’s tax laws are so complicated that filing a relatively simple return can be confusing.
It is just too easy to overlook deductions and credits to which you are entitled. Even if you use a computer software program there’s no substitute for the assistance of an experienced tax professional.
Here’s what your get by using Fresh Start Tax LLC
Your individual or business tax return will be checked and rechecked by our computer software identifying potential problems the IRS may look at more closely and reviewing the math to limit IRS contacts.
Your tax return can be filed electronically so you will get a refund back quicker.
Our professional tax staff will show you how to adjust your payroll withholding to get more money back each week. Why give the IRS an interest free loan for up to 16 months.
We will show you potential deductions to limit your tax liability for next year. In addition, we will give you a sheet of commonly overlooked deductions to limit the following year’s tax liability.
Books a Mess: No Problem!
If you own a small business and haven’t kept up your bookkeeping, don’t worry. We can help you.
We will prepare your bookkeeping for the year, prepare a full Schedule C, as well as your personal income tax return. Then we’ll help you set up an easy system that allows you to keep your books in tip-top shape next year.
Our Services include but not limited to the following:
- All Tax Services
- Accounting
- Tax Planning
- Bookkeeping
- IRS Problem Resolution
- Financial Planning
- Estate and Trust Fund Planning
- Incorporation
- New Business Advisor
- Payroll
- Compilation of Financial Statements
- Income Tax Preparation Service
- Tax Preparation Help
- Federal Income Tax Return
- 1040 Tax Return
- State Tax Returns
Income Tax Preparation – Tax Services- CPA’s, Former IRS – Upper Montclair
by Fresh Start Tax | Nov 29, 2012 | New Jersey Tax, Tax Levy and Wage Garnishments
IRS Levy Help – Bank Levy, Wage Garnishment – Immediate Results 1-866-700-1040
We can get your bank levy or wage garnishment released and work out a tax settlement all at the same time. Being Former IRS Agents, we know the exact and quickest process. 1-866-700-1040.
We are comprised of Tax Attorneys, Tax Lawyers, CPA’s and Former IRS Agents, Managers and Instructors. We have over 60 years of direct IRS work experience in the local district and regional offices of the Internal Revenue Service.
Fresh Start Tax LLC – New Jersey
209 Cooper Ave,
Upper Montclair, NJ 07043
1-866-700-1040
Bank Levies.
Bank levies that are sent to financial institutions are freezes on funds in your bank account for 21 days. Your bank account in not closed. Just the money is frozen on the day the levy hits the bank. Usually levies can easily be removed within the 21 days.
A Wage Levy Garnishment.
Wage Levy Garnishment go into effect your next paycheck and will continue until your levy is released. The Wage Levy does not stop. Fresh Start Tax LLC can usually get your levy released by your next pay check.
To get a Levy or Garnishment Release.
We will need to provide the IRS with a current IRS financial statement. IRS will want either a 433A or a 433F. That financial statement will have to be documented to verify and ensure its correctness. There is a list of items the IRS will want. We will review those with you.
Also, you will need to have all tax returns filed and up to date.
What is a IRS Levy or Tax Garnishment.
A tax levy is a legal seizure of your property to satisfy a tax debt.
Tax levies are very different from federal tax liens. A federal tax lien is a claim used as security for the tax debt, while a tax levy actually takes the property to satisfy the tax debt.
If you do not pay your taxes the IRS may/will seize and sell any type of real or personal property that you own or have an interest in.
As an example:
IRS can seize and sell property that you hold such as your car, boat, house, or
they could levy property that is yours but is held by someone else such as your wages, retirement accounts, IRA, pensions, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions.
Important Note – IRS can only levy or garnish after these three requirements are met:
1. The IRS assessed the tax and sent you a Notice and Demand for Payment;
2. You the taxpayer neglected or refused to pay the tax and,
3. 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.
IRS may 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.
Managerial Review
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.
Some of the issues you may discuss include:
a. You paid all you owed before we sent the levy notice,
b. The IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
c. IRS made a procedural error in an assessment,
d. The time to collect the tax (called the statute of limitations) expired before we sent the levy notice,
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.
Call us today for a free no cost consult 1-866-700-1040.
IRS Levy Help – Bank Levy, Wage Garnishment – Immediate Results – Former IRS, Attorneys
by Fresh Start Tax | Nov 29, 2012 | IRS Tax Audit, New Jersey Tax, Sales Tax, Tax Audit, Tax Lawyer
IRS Tax Audit – Sales Tax Audit – Former Agents
We are a professional tax firm specializing in IRS and New Jersey Tax Audits;
On staff are Tax Attorneys, Tax Lawyers, CPA’s and Former IRS agents.
Fresh Start Tax LLC – New Jersey
209 Cooper Ave,
Upper Montclair, NJ 07043
1-866-700-1040
We have 60 years of direct IRS work experience and have worked in conjunction with the State in various forms of Sales Tax Audits.
You may call us for a no cost professional tax consult so you can learn about the scope and direction of a IRS Tax Audit or a Sales Tax Audit.
All work is done in house by certified tax professionals.
There are different type of tax audits. The most common type of tax audits:
1. A mail correspondence tax audit. Over 1.4 million tax returns are audited this way. the IRS simply sends a notice advising you there was a math or computation error on your tax return.
2. The DIF tax audit. Your tax return fell out of the national standard for income and expense ratios. Each return has a DIF number attached and is classified information.
3. Specialty program. IRS runs special programs on industries and businesses. Many times this can relate to the area abuses.
4. Whistle blower. Someone rats you out.
5. National Research Projects
Importance of National Research Projects Results. ( in depth look )
Because NRP results are used to develop or update formulas for scoring returns as to their probability for additional tax or additional income, it is essential that examinations be thorough. Examiners should remain mindful of causing undue burden for the taxpayer.
Scope of Examination .
Every classified item must be examined. An inquiry or an inspection of records and documents must be made for all classified line items.
Expansion of Audit Scope.
If the examination reveals changes to any of the classified items, the examiner usually considers expanding the examination to include other items, if any, on the return or supporting schedules. These audits become more in depth.
NRP selection is not a basis for expanding the scope of an examination, if the examination was in process prior to the return being designated by NRP.
For any return closed prior to its designation as an NRP return, an NRP report will be completed based on the results of such examination if the NRP Office determines the results are valid for study purposes.
These NRP tax audits are used to set the National Standards for DIF scores.
Related Entity Examinations.
If a related entity is classified, the tax examiner usually follows the required filing checks procedures. If the related entity is not examined, the examiner will document why it was not examined and no-change the issue on RGS. If the related entity is deemed worthy of examination, the examiner needs to timely request controls on the related return and open an examination on that entity.
If the related entity is outside the group control, the examiner will follow the procedures outlined in the IRM for collateral examinations.
Depth of a NRP Tax Examination.
Tax Examiners must use their professional judgment concerning the depth of examination required for any particular item on the tax return bearing in mind the research nature of the examination.
Tax Examiners should use professional judgment regarding the depth of examination of an issue. The depth of the examination of a NRP examination is the same as is used in field audits.
NRP taxpayers must not be held to a higher standard or more in-depth audit procedures.
Issues should be perused to the depth necessary to reach a support able conclusion. Oral testimony may be accepted in appropriate situations.
Call us today for a no cost professional tax consult 1-866-700-1040.
IRS Tax Audit – Sales Tax Audit – Former Agents – Upper Montclair, Cedar Grove, West Orange, Ridgewood, Mendham, Franklin Lakes, Newark, Bernardsville – New Jersey
