by Fresh Start Tax | Jan 3, 2019 | Tax Help
If you owe back taxes to the Internal Revenue Service you have several options to resolve your back tax debt. Options to settle with IRS, monthly installment agreements, IRS hardships, offers in compromise,
Millions of taxpayers owe back taxes every year to the Internal Revenue Service and best guess estimates show there’s anywhere between 5 to 10 million people who do not fully pay their income taxes when filed.
They generally fall into two categories of people, those who have not had sufficient withholding taken out or self-employed individuals who simply never made or did not have enough estimate payments made to the Internal Revenue Service to cover their tax debt.
Both find themselves on the short end of the stick when it comes to tax season.
Many of these taxpayers never bother to file a tax return when they find out they owe tax fearing the worst or retribution from the Internal Revenue Service.
Many of these people fear the IRS levy on their bank or their wages or the filing of a federal tax lien. So what do most of these people do, many put their head in the sand and don’t bother to go ahead and do anything about the inevitable debt. However at some point in time they are going to have to deal with Uncle Sam and many will receive a nasty gram.
The fear is not as bad as people think. You have different options to resolve your IRS back tax debt and keep IRS out of your life and out of your back pocket.
Here are your different options if you owe back tax debt to the Internal Revenue Service.
About 6.5 million taxpayers a year make monthly installment agreements. Some of these can come in the form of online agreements. the ones do not fit the online agreement category must give IRS a current financial statement documented along with copies of pay stubs bank statements and they must understand the necessary living expense standards set up by Internal Revenue Service.
IRS will require a financial statement which is generally on a 433F to be fully reviewed fully documented before making a determination on allowing them to make an installment agreement.
Others simply cannot pay their back taxes and will ask IRS to be put in a hardship or are currently not collectible status.
Those individuals going in the status must understand that the tax debt will be reviewed again in two or three years and penalties and interest will still run on the debt the entire time it is an uncollectible status.
Others can file for an offer in compromise to settle their tax debt for pennies on a dollar. With that said you must be a truly qualified candidate for the offer in compromise program.
As a former IRS agent, I was a teaching instructor for the offer and you must make sure you are a qualified candidate and not give your money to any firm unless you know you have a fair amount a chance to get your offer accepted
If you have any questions regarding owing back tax debt and the best way to resolve it based on your current financial statement please call us today for a free initial tax consultation and we will review with you the various programs IRS has in detail so you fully understand what the best option for you based on your current financial conditions.
If you are hiring a tax firm or a tax defense resolution company to represent you make sure they have former IRS agents on staff.
Check the Better Business Bureau records find out the length of time they been in business and check out the complaint history.
And lastly speak to the person who may be working your case. call us today for a free initial tax consultation and hear the truth about owing back taxes to the IRS or state.
by Fresh Start Tax | Oct 24, 2018 | Tax Help
We are national tax debt experts for those who owe federal payroll tax debt. We are the fast, friendly and affordable tax firm that has been servicing the nation since 1982.
Our office has over 200 years of total IRS work experience and we are true experts and how to settle your federal payroll tax debt with Internal Revenue Service.
IRS experts in this matter.
We are available for free initial tax consultation. We are the fast friendly and affordable tax firm.
I am a former IRS Agent and teaching instructor of the Offer Program when formerly employed at the IRS.
We know all the systems, settlement formulas and all the methodology to get you affordable IRS tax debt relief including trust fund debt problem.
We should be able to make sure we can reach a reasonable settlement on your payroll tax liability and you can continue to operate your business without fear and worry from the Internal Revenue Service.
Please keep in mind the Internal Revenue Service will conduct a full compliance check to make sure not only your business, company or corporation is current but also your individual taxes are up-to-date.
IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS.
You my ask why payroll tax that is a big concern for IRS, it simply because those are trust fund taxes that is money held in trust and is not an imposition to collect taxes from a company, it’s simply returning to IRS what you have withheld from employees and matched their Social Security.
IRS has an FTD program which is called the federal tax deposit alert which warns local offices of companies that are failing to file federal tax deposits. As a former IRS agent I worked this program.
Just be advised that IRS does keep a task force available on large companies that are making federal tax deposits.
The Process of receiving a Payroll Tax Debt Settlement
The Internal Revenue Service will want to fully review your company or corporation before you can obtain in IRS payroll tax settlement.
You will need to provide IRS with the current financial statement along with proof that all payroll tax deposits and 941 tax forms have been filed.
Many times IRS will want a personal or individual financial statement for more responsible persons. For most company’s of the IRS payroll tax settlement may come in three forms.
After IRS reviews your current financial statement the Internal Revenue Service may determine that you are a hardship candidate, monthly payment agreement candidate or an offer in compromise candidate and IRS payroll settlement.
Why have Fresh Start Tax contact the IRS:
You never have to talk with the Internal Revenue Service on these tax matters;
Fresh Start Tax knows what the IRS is looking for;
Fresh Start Tax knows the exact packaging required;
Fresh Start Tax knows the next steps the IRS will take;
You know your case will be handled and resolved as fast as possible.
Other Factors To Consider
IRS has the right to sell your complete inventory at public auction;
IRS can seize all your accounts receivables;
IRS can hold you personally responsible for this tax;
IRS has the right to lock the doors of your business.
Steps to take to work out an affordable payment plan with the Internal Revenue Service:
Immediately stay current on all payroll tax deposits to show the IRS good faith;
Be prepared to give the IRS a current financial statement;
Make sure your personal tax liabilities are filed and paid;
Have all documentation on the financial statement prepared for the IRS.
If you do not pay your Payroll Taxes IRS can collect them from you individually
To encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the TFRP.( trust fund recovery penalty )
These payroll taxes are called trust fund taxes because you actually hold the employee’s money in trust until you make a federal tax deposit in that amount.
The TFRP may apply to you if these unpaid trust fund taxes cannot be immediately collected from the business.
The business does not have to have stopped operating in order for the TFRP to be assessed
BE CAREFUL Who can be Responsible for the TFRP
The TFRP may be assessed against any person who:
Is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
Willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes. This person may be:
An officer or an employee of a corporation,
A member or employee of a partnership,
A corporate director or shareholder,
A member of a board of trustees of a nonprofit organization,
Another person with authority and control over funds to direct their disbursement,
Another corporation or third-party payer,
Payroll Service Providers (PSP) ore responsible parties within a PSP
Professional Employer Organizations (PEO) or responsible parties within a PEO, or
Responsible parties within the common law employer (client of PSP/PEO).
For wilfulness to exist, the responsible person:
Must have been, or should have been, aware of the outstanding taxes and either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness. You will be asked to complete an interview in order to determine the full scope of your duties and responsibilities.
Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid.
Figuring the Trust Fund Amount
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
The unpaid income taxes withheld, plus
The employee’s portion of the withheld FICA taxes. For collected taxes, the penalty is based on the unpaid amount of collected excise taxes.
Assessing the TFRP. If the IRS determines that you are a responsible person, we will provide you a letter stating that we plan to assess the TFRP against you. You have 60 days (75 days if this letter is addressed to you outside the United States) from the date of this letter to appeal our proposal.
The letter will explain your appeal rights. Refer to Publication 5, Your Appeal Rights and How to Prepare a Protest if You Don’t Agree (PDF), for a clear outline of the appeals process. If you do not respond to our letter, we will assess the penalty against you and send you a Notice and Demand for Payment.
Once we assert the penalty, the IRS can take collection action against your personal assets. For instance, we can file a federal tax lien or take levy or seizure action.
Payroll IRS Tax Debt Relief + Former Agents Explain Your Options
by Fresh Start Tax | Oct 3, 2018 | Tax Help
Affordable Former IRS Agents & Managers know the system to get IRS off Your Back for Payroll Tax Debt. Since 1982.
Keep your business open and IRS out of your life.
Here the truth from Former IRS Agents who have worked thousands of cases. We can keep the IRS out of your life.
You will never have to speak to the IRS. We are the affordable professional firm.
Upon your initial consultation will review your case and revealed to you all your different tax options for your business or individual tax problem and you can let are over 200 years of experience guide you through any situation you are currently experiencing.
Being a former IRS agent and teaching instructor you should understand that the Internal Revenue Service is tougher on payroll taxes than any other taxes.
The reason for this is very simple, this tax is money held in trust in not an actual tax.
It is one of few taxes that the Internal Revenue Service not only go after the company it can in addition can go after the responsible persons or individuals.
After the IRS creates individual tax assessment for those responsible it often time results in the filing of federal tax liens, bank and wage levy garnishments.
This is a tax that you should not fool around with because it is number one on the IRS to hit list.
The Internal Revenue Service will individually engage those responsible under section 6672 of the Internal Revenue Code
We should be able to make sure we can reach a reasonable settlement on your payroll tax liability and you can continue to operate your business without fear and worry from the Internal Revenue Service.
With over 60 years of direct working experience at the Internal Revenue Service we know every possible tax solution that can get you immediate and permanent tax relief for a payroll tax settlement.
IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS.
The Process of Dealing With Payroll Tax Debt Relief
The Internal Revenue Service will want to fully review your company or corporation before you can obtain in IRS payroll tax settlement.
You will need to provide IRS with the current financial statement along with proof that all payroll tax deposits and 941 tax forms have been filed.
One of the most important things to know about getting a payroll tax debt settlement, payment or moving on in the process is to understand that your current financial statement both business and individual will be the determining factor IRS will use to handle how your case closes.
When Internal Revenue Service reviews a business they also review individuals as well.
Therefore an individual financial statements are required. We know this process inside and out we have worked hundreds and hundreds of cases, we can make this an easy and seamless process for you.
IRS will expect a 433B for the business & 433A for the individual.
IRS will expect complete documentation to support all the figures on the financial statements. The financial statement is one of the key documents IRS uses before a taxpayer will get a payroll debt settlement for tax relief.
After IRS reviews your personal and business current financial statement, Internal Revenue Service may determine that you are a:
1. hardship candidate, would simply means IRS will suspend any activity on current collections for a couple of years. Interest and penalty will run but IRS will review your case somewhere further down the road.
2. monthly payment agreement candidate,
3. or, an offer in compromise candidate and IRS payroll settlement.
Important to Know : IRS will next turn to the person or persons responsible for paying the back trust fund taxes. since this was not a tax but monies to be held in trust the IRS code under 6672 states that responsible persons can be held liable for the unpaid trust fund taxes on payroll or 941 taxes.
Who can be Responsible for the TFRP
One of the unusual features about payroll tax debt is the fact that IRS can collect the trust fund tax debt from the individuals who are responsible for paying the back payroll taxes. This is true with both payroll and excise taxes.
The Trust Fund Penalty may be assessed against any person who:
a. Is responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
b. Willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes.
This person may be, but not limited to:
An officer or an employee of a corporation,
A member or employee of a partnership,
A corporate director or shareholder,
A member of a board of trustees of a nonprofit organization,
Another person with authority and control over funds to direct their disbursement,
Another corporation or third-party payer,
Payroll Service Providers (PSP) or responsible parties within a PSP
Professional Employer Organizations (PEO) or responsible parties within a PEO, or
Responsible parties within the common law employer (client of PSP/PEO).
For wilfulness to exist, the responsible person (s):
Must have been, or should have been, aware of the outstanding taxes and either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness. You will be asked to complete an interview in order to determine the full scope of your duties and responsibilities.
Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid.
How does IRS Figure the Trust Fund Amount, a simple formula
The amount of the penalty is equal to the unpaid balance of the trust fund tax. The penalty is computed based on:
The unpaid income taxes withheld, plus
The employee’s portion of the withheld FICA taxes. For collected taxes, the penalty is based on the unpaid amount of collected excise taxes.
Assessing the TFRP. If the IRS determines that you are a responsible person, we will provide you a letter stating that we plan to assess the TFRP against you.
You have 60 days (75 days if this letter is addressed to you outside the United States) from the date of this letter to appeal our proposal.
The letter will explain your appeal rights.
Refer to Publication 5, Your Appeal Rights and How to Prepare a Protest if You Don’t Agree (PDF), for a clear outline of the appeals process. If you do not respond to our letter, we will assess the penalty against you and send you a Notice and Demand for Payment.
Once IRS asserts the penalty, the IRS can take collection action against your personal assets. For instance, we can file a federal tax lien or take levy or seizure action. Seizure actions usually include bank levies and wage garnishment levies.
Why have Fresh Start Tax contact the IRS:
1. You never have to talk with the Internal Revenue Service on these tax matters;
2. Fresh Start Tax knows what the IRS is looking for;
3. Fresh Start Tax knows the exact packaging required;
4. Fresh Start Tax knows the next steps the IRS will take;
5. You know your case will be handled and resolved as fast as possible.
More Technical Information
TFRP Assessment Process
1. The Collection function has sole responsibility for recommending assertion of the TFRP. Examination function personnel may refer potential TFRP cases to Collection for investigation.
2. Revenue Officers (ROs) are responsible for determining collection potential as well as investigating whom they believe was responsible and willful for non-payment. Appeals does not consider collectibility.
3. ROs use the Automated Trust Fund Recovery (ATFR) program to calculate the amount of the penalty to be proposed, as well as to document their investigation and request for assertion, which requires managerial approval.
4. Before a TFRP is assessed, taxpayers must be mailed or hand delivered a 60-Day Notice of Proposed Assessment, Letter 1153. Letter 1153 advises taxpayers of the proposed penalty and of their appeal rights. Issuance of the Letter 1153 prior to the ASED is required on all TFRP assessments.
A. If the taxpayer agrees with the proposed penalty, he/she will return a signed Form 2751, Proposed Assessment of the Trust Fund Recovery Penalty.
B. If the taxpayer disagrees, he/she may discuss the proposed penalty with the revenue officer group manager, request Fast Track Mediation, or file a timely written protest.
Note:
See IRC 7502, IRC 7503, and IRC 7508A for general information on determining timely receipt.
6. Fast Track Mediation takes place before a protest is submitted, but it does not extend the time allowed to request a pre-assessment (TBOR2) appeal.
7. Except in the case of a Jeopardy assessment, the taxpayer has 60 days in which to file a timely pre-assessment protest (75 if the letter was addressed outside of the United States).
A TBOR2 protest is considered timely if it is mailed on or before the 60th day (75th if outside of the United States), i.e., timely mailed is timely filed.
The 60-day period is measured from the mailing date of the Letter 1153 or from the delivery date if Letter 1153 is delivered in person.
8. A timely mailed protest is still timely for purposes of IRC 6672(b)(3)(B) even if the protest is inadequate.
9. Most TFRP cases that are considered by Appeals are pre-assessment (TBOR2) protests; however, Appeals may receive Fast Track Mediation, Jeopardy, post assessment TFRP claims, claim reconsideration’s and post-Appeals mediation cases as well.
Call us today for a free initial tax consultation.
Help for Back Payroll Tax Debt Relief + IRS Services, 941 IRS Taxes Debt Relief + IRS Settlement + Former IRS
