by Fresh Start Tax | Oct 25, 2018 | Tax Help
Do You Need Help? Have received an IRS tax bill notice on IRS back taxes there are many choices you have to resolve your IRS case. 954-492-0088
As former IRS agents we can help you through the process and end your IRS problem. We need we can explain all your options and help remedy your problem immediately.
We are local South Florida tax firm practicing in South Florida since 1982.
You can come by and visit our offices, Skype us, or set up an initial free tax consultation.
We have worked thousands of cases since 1982 in our true IRS tax specialty experts on back taxes and on filing tax returns.
We the affordable and experienced team of local tax experts.
There are various means of paying back taxes to IRS. As former IRS agents we will explain your options. A tax settlement may be in your future.
As a former IRS agent and teaching instructor with IRS you should know as a general rule someone with more experience will work your IRS collection case.
That person will have a lot of experience looking for assets and more carefully evaluating your current financial statement.
Your current financial statement holds the key to tax negotiation with the Internal Revenue Service.
Success comes by knowing the system and understanding what it takes to close an IRS case.
IRS takes a closer look at all cases large dollar especially the financial statements, the IRS is looking for the ability of the taxpayer to pay the back tax. As a former IRS agent this was part of my job.
One of the first tasks of IRS is to make sure all back tax returns are filed and current in the system.
IRS will not close out any open taxpayer inventory case unless all back tax returns are filed and the taxpayer is current on estimated tax payments or their withholding is up-to-date.
IRS is a stickler on this because they don’t want the problem of the back tax debt recurring.
So, how will IRS work your case? I Owe The IRS, What Is The Next Step
The Internal Revenue Service will ask the taxpayer to fill out an IRS form 433A.
You can find that on our site or on the government site. IRS will expect that form to be fully completed fully documented along with copies of the last six months bank statements, copies of all monthly expenditures, bills and a copy of pay stubs.
IRS will conduct a thorough review on that financial statement. That financial statement holds the key to success on your case therefore the filling out the documentation the analysis and what goes on this statement is paramount.
The internal revenue service can go through great lengths to do due diligence on your case. They have many search engines at their disposal.
They will check Department of motor vehicle, records public records, credit reports, insurance policies and a plethora of other information found on internal systems used by different federal and state government agencies.
IRS knows much more about you than you can possibly imagine. You must make sure you still out your financial statement truthfully and accurately. That’s why it is best a true tax professional provide the necessary tax help to resolve your problem.
After this review of the financial statement the Internal Revenue Service generally has various buckets of closing programs that the taxpayer can be put into as a result of their current financial statement.
The importance of filling out your financial statement and giving it to IRS is the key to success and failure.
I could never tell you how important the financial statement as it will determine the outcome with Internal Revenue Service.
Bucket One.
Currently uncollectible or hardship cases
If the Internal Revenue Service looks at your current financial statement and determines that your expenses exceed your income and you fall within the necessary means test, IRS can place your case in this non-collectible status.
There is good news and bad news within the status.
The good news is IRS will probably suspend your case between one and three years and kick it out for review a couple of years later, the bad news is the penalties and interest still run and the debt gets larger.
Bucket Two.
Installment agreements or monthly payments
If after the Internal Revenue Service looks at your current financial statement and they determine that you have more income than the necessary standards of meeting tests, IRS will ask for a monthly payment based on that financial statement. Hiring a tax professional can assure that IRS does not grab more money than necessary on or review of your financial statement. There are different monthly installment agreements and we will review with you your options upon your free consultation.
Bucket Three.
Offer in Compromise
This is called the pennies on a dollar program that you see advertised on TV however the offer in compromise is not for everyone.
I am a former IRS agent and teacher of the offer in compromise.
Approximately 32,000 taxpayers a year can settle their debt for pennies on the dollar, the average settlement is $9500 a year and I caution and warn taxpayers who submit offers in compromise to go through the IRS pre-qualifier tool to find out if they can truly settle their tax debt.
As a former IRS agent I carefully will walk through your financial statement and if you have any chance of being accepted for the offer I will walk you through the program and submit the offer in compromise.
Bucket Four.
Statute of limitations
IRS has 10 years to collect on their back tax debt, the period starts from the date of the assessment. The date of the assessment is the time that IRS had to put your case on the computer at the start the billing process. Various factors will extend the statute such as bankruptcy, the filing of the CDP, or the filing of offer but as a general rule after the 10 year date of assessment date your case goes away by federal statute,
Bucket Five
Bankruptcy.
Yes, Bankruptcy, many taxpayers are unaware that you could file a bankruptcy, a chapter 7 the discharge debt.
As a general rule the taxes have to be three years or older, assessed for more than 240 days and the tax returns have to be filed for at least two years. there are also different chapters in bankruptcy such as an 11 and 13 that a taxpayer can be qualified by speaking to a true bankruptcy expert.
When you call our office we will walk you through the various programs after review of your current financial statement. when calling our office you do speak to true IRS tax experts.
Call us for a free initial tax consultation and we will walk you through the process of dealing with the Internal Revenue Service.
Help For IRS Tax Bill Notice on Back Taxes, What Are My Choices + Former IRS Agents Assistance + Ft. Lauderdale, Miami, Boca Raton, Palm Beaches
by Fresh Start Tax | Oct 9, 2018 | Tax Help
IRS Tax Debt Relief, A+ rated by the Better Business Bureau, since 1982. A local South Florida tax firm who has worked thousands of cases.
Call us for a free initial tax consultation and hear the truth about your tax situation and speak to true tax professionals that can get you the most successful result possible due to their years of experience in the local South Florida IRS offices.
We can handle any accounting tax and IRS or state tax defense.
Since 1982 we have been serving the Christian community not only local but nationwide. we are the premier Christian tax services firm in the Americas.
Proverbs 11:14 <><
Where there is no guidance, a people falls, but in an abundance of counselors there is safety.
Proverbs 19:20-21 <><
Listen to advice and accept instruction, that you may gain wisdom in the future.
Since 1982 we have been resolving IRS tax issues and we have an amazing history of successful client work and satisfied customers and that is due to the experience we have in dealing with IRS tax problems and tax issues and IRS tax relief.
On staff are Christian Former IRS agents, managers and teaching instructors who were supervisors and managers while working at the Internal Revenue Service.
As a result of all of our work experience, we understand the methodologies and all the procedures to close IRS cases in the most prudent and affordable manner.
Upon your initial consultation in almost all cases we will let you know how your tax case will resolve itself and exactly how much it will cost you.
We have worked thousands of cases since 1982 and know the most efficient way to get you where you need to be.
You will never have to speak to Internal Revenue Service we will handle all communication with you to you and with the Internal Revenue Service
IRS Tax Relief Programs
Many taxpayers for a variety of reasons cannot qualify for an offer in compromise and IRS has four other buckets of ways they close cases once they were open in the IRS collections.
They are as followed:
Hardship, payment agreement, statute of expiration, bankruptcy, offer in compromise.
1. For those who are financially strapped and qualify, IRS has a currently non-collectible program in which taxpayers who qualify IRS will temporarily suspend their case between one and three years and then kick the case out later and re-review the financial statement.
Approximately 40% of all people who are in the current IRS collection Q wind up in a temporarily non-collectible file.
2. While other people based on their current financial statement can make a payment arrangement with the Internal Revenue Service.
Approximately 6.5 billion people wind up in payment agreements because of their current financial statement. The Internal Revenue Service will use the national standard test to make sure the agreement is fair and reasonable.
3. Others qualify because the statute of limitation has expired on their tax assessments. As a general rule IRS has approximately 10 years to collect all cases. we can pull IRS tax transcripts to find out how close you are to having your statute of limitations expired.
4. While others can file Chapter 7 bankruptcy proceeding. We were review with you each of the criteria when you call us.
5. Offers in Compromise
We are AFFORDABLE IRS specialist experts for the Offer in Compromise for those wishing to settle their IRS tax debt. Former IRS Agents, since 1982. Former IRS OIC Specialist.
I am a former IRS agent and teaching instructor of the offer in compromise or tax debt settlement program along with other IRS programs and systems.
We have over 60 years of direct work experience in the local, district, and regional tax offices of the Internal Revenue Service. We are true IRS experts who understand the IRS collection system.
All our work is done in-house and we are used by other firms to do their backend work.
You can call us today for free initial tax consultation and find out if you are a true offer in compromise tax debt settlement candidate.
Due to the IRS new fresh start initiative set out by the Internal Revenue Service many more taxpayers are eligible for the tax debt settlement.
Before a taxpayer or client thinks about the filing of an offer in compromise they should check out the IRS offer in compromise pre-qualifier tool first.
You can walk to the pre-qualifier tool on our site or call us today to learn more about it.
We will not file an offer in compromise or accept any fee for any client unless we know they are qualified for the program.
So if we send in your offer in compromise, you probably do have a pretty good chance of getting it accepted.
It is important to know you will that all back tax returns will have to be filed, up-to-date and current on the IRS computer system before the Internal Revenue Service will accept an offer in compromise.
IRS Tax Statistics for the OIC,Offer in compromise.
Last year there were 78,000 offers in compromise were filed with the Internal Revenue Service, 38% of those were accepted for an average of $6500 per case.
Keep in mind this is a national average and varies from case to case is completely dependent on your current financial statement.
About 20% of all offers in compromise go to the Appellate Division for settlement.
You should know that not everyone is an offer in compromise candidate to settle their tax debt.
Make sure you are eligible for the OIC.
Before IRS 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.
Submitting your offer or OIC to the Internal Revenue Service.
You’ll find step-by-step instructions and all the forms for submitting an offer in the Offer in Compromise Booklet, Form 656-B (PDF).
Your completed offer package will include:
• Form 433-A (OIC) (individuals) or 433-B (OIC) (businesses) and all required documentation as specified on the forms;
• Form 656(s) – individual and business tax debt (Corporation/ LLC/ Partnership) must be submitted on separate Form 656;
• $186 application fee (non-refundable); and
• Initial payment (non-refundable) for each Form 656.
Selecting a payment option for the offer in compromise program
Your initial payment will vary based on your offer and the payment option you choose:
• IRS Lump Sum Cash:
Submit an initial payment of 20 percent of the total offer amount with your application. Wait for written acceptance, then pay the remaining balance of the offer in five or fewer payments.
• IRS Periodic Payment:
Submit your initial payment with your application. Continue to pay the remaining balance in monthly installments while the IRS considers your offer.
If accepted, you must continue to pay monthly until it is paid in full.
The IRS offer in compromise program is not as simple as people think.
The service conducts between 20 to 40 hours of due diligence before they accept an offer in compromise because all offers that are accepted by the Internal Revenue Service are open for public expect expert inspection up for one year.
While your offer in compromise is being evaluated:
• Your non-refundable payments and fees will be applied to the tax liability (you may designate payments to a specific tax year and tax debt);
• A Notice of Federal Tax Lien may be filed;
• Other collection activities are suspended;
• The legal assessment and collection period is extended;
• Make all required payments associated with your offer;
• You are not required to make payments on an existing installment agreement; and
• Your offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.
As a side note, taxpayers should be aware that all tax returns must be filed before they can have an approved offer in compromise.
Before IRS will any case to settle your tax debt they will want all tax returns filed and they will want to make sure you are current on your ES payments or your withholding in the current year we are in.
We could prepare all back returns for you with little or no records.
We know all the IRS reconstructive methods theories to prepare all back returns.
Our founder has been on FOX Business news as well as NBC.
I cannot stress the importance of the IRS financial statement. That alone will determine how IRS will close your case off the IRS CADE2 enforcement system.
Upon your free initial tax consultation we will review every possible procedure so you will become informed as to how we will work your case.
We’ve been practicing since 1982 and are true irs relief experts and specialists.
When you call our office you will be hearing the absolute truth.
Best, Highest Rated IRS Tax Debt Relief Company + Miami, Ft.Lauderdale, Boca Raton, Aventura, Palm Beaches + Christian Tax Services, Consultants, CPA’s
by Fresh Start Tax | Oct 8, 2018 | Tax Help
Paying Back Taxes on Unfiled Tax Returns, Hear the Truth Today
We are a full-service Christian tax services firm.
We can handle any accounting tax and IRS or state tax defense. Since 1982, we have been serving the Christian community nationwide.
We are the premier Christian tax services firm in the Americas.
We are a true tax relief firm that specializes in IRS and state tax debt.
We know every type of IRS relief solution available due to are over 200 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service.
We are a Christian tax firm who specialize also in accounting and tax preparations and all different type of financial services. Call us today for a free initial tax consultation.
You will understand why we are one of the premier tax relief firms nationwide.
Proverbs 11:14 <><
Where there is no guidance, a people falls, but in an abundance of counselors there is safety.
Proverbs 19:20-21 <><
Listen to advice and accept instruction, that you may gain wisdom in the future.
Since 1982 we have been resolving IRS tax issues and we have an amazing history of successful client work and satisfied customers and that is due to the experience we have in dealing with IRS tax problems and tax issues and IRS tax relief.
On staff are Christian Former IRS agents, managers and teaching instructors who were supervisors and managers while working at the Internal Revenue Service.
As a result of all of our work experience, we understand the methodologies and all the procedures to close IRS cases in the most prudent and affordable manner.
Upon your initial consultation in almost all cases we will let you know how your tax case will resolve itself and exactly how much it will cost you.
We have worked thousands of cases since 1982 and know the most efficient way to get you where you need to be.
You will never have to speak to Internal Revenue Service we will handle all communication with you to you and with the Internal Revenue Service
IRS Tax Relief Programs
Many taxpayers for a variety of reasons cannot qualify for an offer in compromise and IRS has four other buckets of ways they close cases once they were open in the IRS collections.
They are as followed:
Hardship, payment agreement, statute of expiration, bankruptcy, offer in compromise.( other exist but these are the main onc’s)
1. For those who are financially strapped and qualify, IRS has a currently non-collectible program in which taxpayers who qualify IRS will temporarily suspend their case between one and three years and then kick the case out later and re-review the financial statement.
Approximately 40% of all people who are in the current IRS collection Q wind up in a temporarily non-collectible file.
2. While other people based on their current financial statement can make a payment arrangement with the Internal Revenue Service. Approximately 6.5 billion people wind up in payment agreements because of their current financial statement. The Internal Revenue Service will use the national standard test to make sure the agreement is fair and reasonable.
3. Others qualify because the statute of limitation has expired on their tax assessments. As a general rule IRS has approximately 10 years to collect all cases. we can pull IRS tax transcripts to find out how close you are to having your statute of limitations expired.
4. While others can file Chapter 7 bankruptcy proceeding. We were review with you each of the criteria when you call us.
5. Offers in Compromise
We have over 60 years of direct work experience in the local, district, and regional tax offices of the Internal Revenue Service. We are true IRS experts who understand the IRS collection system.
All our work is done in-house and we are used by other firms to do their backend work.
You can call us today for free initial tax consultation and find out if you are a true offer in compromise tax debt settlement candidate.
Due to the IRS new fresh start initiative set out by the Internal Revenue Service many more taxpayers are eligible for the tax debt settlement.
Before a taxpayer or client thinks about the filing of an offer in compromise they should check out the IRS offer in compromise pre-qualifier tool first.
You can walk to the pre-qualifier tool on our site or call us today to learn more about it.
We will not file an offer in compromise or accept any fee for any client unless we know they are qualified for the program.
So if we send in your offer in compromise, you probably do have a pretty good chance of getting it accepted.
It is important to know you will that all back tax returns will have to be filed, up-to-date and current on the IRS computer system before the Internal Revenue Service will accept an offer in compromise.
IRS Tax Statistics for the OIC
Last year there were 78,000 offers in compromise were filed with the Internal Revenue Service, 38% of those were accepted for an average of $6500 per case.
Keep in mind this is a national average and varies from case to case is completely dependent on your current financial statement.
About 20% of all offers in compromise go to the Appellate Division for settlement.
You should know that not everyone is an offer in compromise candidate to settle their tax debt.
Make sure you are eligible for the OIC.
Before IRS 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.
Submitting your offer or OIC to the Internal Revenue Service.
You’ll find step-by-step instructions and all the forms for submitting an offer in the Offer in Compromise Booklet, Form 656-B (PDF).
Your completed offer package will include:
• Form 433-A (OIC) (individuals) or 433-B (OIC) (businesses) and all required documentation as specified on the forms;
• Form 656(s) – individual and business tax debt (Corporation/ LLC/ Partnership) must be submitted on separate Form 656;
• $186 application fee (non-refundable); and
• Initial payment (non-refundable) for each Form 656.
Selecting a payment option for the offer in compromise program
Your initial payment will vary based on your offer and the payment option you choose:
• IRS Lump Sum Cash:
Submit an initial payment of 20 percent of the total offer amount with your application. Wait for written acceptance, then pay the remaining balance of the offer in five or fewer payments.
• IRS Periodic Payment:
Submit your initial payment with your application. Continue to pay the remaining balance in monthly installments while the IRS considers your offer.
If accepted, you must continue to pay monthly until it is paid in full.
While your offer in compromise is being evaluated:
• Your non-refundable payments and fees will be applied to the tax liability (you may designate payments to a specific tax year and tax debt);
• A Notice of Federal Tax Lien may be filed;
• Other collection activities are suspended;
• The legal assessment and collection period is extended;
• Make all required payments associated with your offer;
• You are not required to make payments on an existing installment agreement; and
• Your offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.
As a side note, taxpayers should be aware that all tax returns must be filed before they can have an approved offer in compromise.
Before IRS will any case to settle your tax debt they will want all tax returns filed and they will want to make sure you are current on your ES payments or your withholding in the current year we are in.
We could prepare all back returns for you with little or no record
If you have not filed for many years what do I do???
IRS Policy Statement 5-133
Delinquent returns—enforcement of filing requirements
Taxpayers failing to file tax returns due will be requested to prepare and file all such returns except in instances where there is an indication that the taxpayer’s failure to file the required return or returns was willful or if there is any other indication of fraud.
All delinquent returns submitted by a taxpayer, whether upon his/her own initiative or at the request of a Service representative, will be accepted.
However, if indications of wilfulness or fraud exist, the special procedures for handling such returns must be followed.
Where it is determined that required returns have not been filed, the extent to which compliance for prior years will be enforced will be determined by reference to factors ensuring compliance and evenhanded administration of staffing and other Service resources.
Factors to be taken into account include, but are not limited to:
prior history of noncompliance,
existence of income from illegal sources,
effect upon voluntary compliance, anticipated revenue, and
collectibility, in relation to the time and effort required to determine tax due.
consideration will also be given any special circumstances existing in the case of a particular taxpayer, class of taxpayer, or industry, or which may be peculiar to the class of tax involved.
Normally, application of the above criteria will result in enforcement of delinquency procedures for not more than six (6) years.
Enforcement beyond such period will not be undertaken without prior managerial approval.
Also, if delinquency procedures are not to be enforced for the full six-year period of delinquency, prior managerial approval must be secured.
PLEASE BEWARE, IRS CAN FILE FOR YOU. When IRS files your tax return you will pay the highest amount allowed by law.
26 U.S. Code § 6020 – Returns prepared for or executed by Secretary
(a) Preparation of return by Secretary
If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.
(b) Execution of return by Secretary
(1) Authority of Secretary to execute return
If any person fails to make any return required by any internal revenue law or regulation made thereunder 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.
(2) Status of returns
Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes
When IRS prepares these tax returns they will allow you single with no exemptions dependence or deductions. You will pay the highest amount allowed by law.
You can undo this process by filing an original tax return in reducing your tax liability.
Don’t be afraid to file your back tax returns.
At some point in time IRS is going to catch up with you and most often it is better for you to contact them before they contact you.
As a former IRS agent you will find that IRS has little mercy on those who have purposely been avoiding filing and paying back taxes.
So if you have any unfiled, back, delinquent tax returns call us today because we know the system. We are true IRS experts in this matter.
A side note, IRS keeps all records on file for six years. They have IRS source documentation to be able to show all 1099 and W-2 income from third-party sources.
You should also know that IRS can reconstruct your tax returns based on knowing where you lived and how much rent you paid.
Paying Back Taxes on Unfiled Tax Returns + File and Settle Tax Debt + Christian IRS Tax Resolutions Services and Relief
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
by Fresh Start Tax | Sep 17, 2014 | Tax Help
We are a full service tax firm with all work done in-house.
We are IRS Tax Experts. Since 1982, A plus Rated BBB.
We know the system so stop the worry!
We have over 206 years of professional tax experience and over 60 years of working directly with Internal Revenue Service.
As former IRS agents we worked in the local, district, and regional tax offices of the Internal Revenue Service.
We taught Tax law at the IRS.
We know every system that exists and know every exit and closing strategies.
We have a full tax staff including tax attorneys, tax lawyers, former IRS agents, certified public accountants, enrolled agents and a host of other highly seasoned tax professionals.
FST can handle your case from a simple IRS bill / notice to go to tax court.
All your information is kept confidential.
We can fully resolve any IRS problem in fact that you have.
We handle everything from very simple cases to taxpayers that owe millions and millions of dollars.
If the IRS is sent you a tax levy we can generally get IRS tax levies released within 24 hours of receiving your current and verifiable financial statement.
If you are undergoing an IRS tax audit we can have a former IRS audit supervisor review and defend your IRS tax audit, take the case to appeals and have our tax attorneys take the case to tax court if necessary.
If you are looking to settle your IRS tax debt we have a former IRS revenue officer awho taught the offer in compromise program on staff.
We are A plus rated by the Better Business Bureau and have been in private practice since 1982.
IRS Taxes – Tax Help, Tax Levy, Tax Audit, Tax Settlements – Tax Attorneys, Keep Your Business Private – Beverly Hills, Malibu, Pacific Palisades, Bel Air
