by Fresh Start Tax | Dec 10, 2014 | Tax Help
OWE BACK TAXES, WE KNOW THE SYSTEM, SINCE 1982
If you are experiencing any type of IRS back tax issues call former IRS agents and managers who know the system & know it very well.
Our professional tax staff has over 60 years of direct work experience at the Internal Revenue Service and have worked in the local, district, and regional tax offices and the IRS.
We are a local Mississippi tax firm that specialized in back payroll taxes, trust fund taxes, employment taxes and IRS audits and any type of IRS tax problem issue.
From a simple IRS notice or letter, going to tax appeals and even tax court, we are a full service tax firm operating since 1982.
We have been resolving all different IRS tax issues and our former IRS agents have worked as supervisors, managers, teaching instructors and have written part of the internal revenue manual section dealing with IRS collection policy.
Contact us today for free initial tax consultation and we can walk you through the process of getting back tax relief on any type of IRS situation. Aftera free consultation you will understand how well we know our business.
If you owe back payroll taxes, please understand that IRS treats payroll taxes tougher than individual tax simply because it is monies held in trust. IRS does not fool around with payroll tax problems, I know this because I was a former IRS agent and teaching instructor and worked hundreds of payroll / trust fund cases.
If you do not pay your payroll taxes the IRS can impose section 6672 trust fund penalty against individuals who were responsible to pay IRS for the back payroll taxes.
This means that the Internal Revenue Service will try to collect the money personally from anyone who was responsible for paying the corporate tax debt.
Call us today for a free initial tax consultation and get affordable tax help that you need any IRS matter.
Owe Back Payroll Taxes, Trust Fund Taxes, Employment Taxes, IRS Audits =Columbus, West Point, Starkville, Macon
by Fresh Start Tax | Dec 9, 2014 | Tax Help
If you are experiencing any type of IRS back tax issues call former IRS agents and managers who know the system.
We have over 60 years of direct work experience at the Internal Revenue Service and have worked in the local, district, and regional tax offices and the IRS.
We are a local Mississippi tax firm that specialized in back payroll taxes, trust fund taxes employment taxes and IRS audits.
From a simple IRS notice or letter, going to tax appeals and even tax court, we are a full service tax firm operating since 1982.
We have been resolving all different IRS tax issues and our former IRS agents have worked as supervisors, managers, teaching instructors and have written part of the internal revenue manual section dealing with IRS collection policy.
Contact us today for free initial tax consultation and we can walk you through the process of getting back tax relief.
If you owe back payroll taxes, please understand that IRS treats payroll taxes tougher than individual tax simply because it is monies held in trust.
If you do not pay your payroll taxes the IRS can impose section 6672 trust fund penalty against individuals who were responsible to pay IRS for the back payroll taxes.
Call us today for a free initial tax consultation and get affordable tax help that you need any IRS matter.
Owe Back Payroll Taxes, Trust Fund Taxes, Employment Taxes, IRS Audits = Former IRS, Affordable Experts = Tupelo, Oxford, Columbus, Corinth, Aberdeen
by Fresh Start Tax | Jan 20, 2013 | Owe Payroll Taxes
Trust Fund Taxes – Owe, Settle, Appeal – Former IRS Agents 1-866-700-1040
Contact us today for free tax consultation and you will speak directly to Tax Attorneys, CPAs, or former IRS agents, managers and/or instructors.
We have over 206 years of professional tax experience in over 60 years working directly with the Internal Revenue Service and the local, district, and regional office of the IRS.
We have worked hundreds upon hundreds of trust fund cases both as former employees of the IRS, and private practice and with one of the highest-rated tax resolution firm’s, Fresh Start Tax LLC
Because our of our vast experience with the Internal Revenue Service we know all the tax codes, tax policies, and tax settlement procedures to go ahead and get you the results on your particular case.
Free Assessments
When you contact us, we will review the facts of your case and give you a free assessment regarding the outcome of your case.
Fresh Start Program
Under the new fresh start program IRS is now accepting offers in compromise that never before would’ve gone through their settlement program. As a general rule because of the new formulas instituted by Internal Revenue Service with this new fresh start program taxpayers are saving up to 75% more than they have done in the past.
Under the current Fresh Start initiative the IRS has incorporated its Streamlined Offer in Compromise process into the overall investigation of offers and has added flexibility to the financial analysis used in evaluating offers.
The Streamlined Offer in Compromise process includes:
a. Fewer requests for additional financial information,
b. If necessary, requests for additional information by phone, not by mail
c. Greater flexibility when considering your ability to pay
The changes to financial analysis add more flexibility to the OIC process including:
1. Greater flexibility in determining the equity in assets,
2.Greater flexibility in determining the allowable living expenses,
3. Reducing the amount of future income included in the offer,
4. Decreased time frame to complete the OIC payment process to two years.
To settle a trust fund case you will need to fill out form 433 OIC which you can find on our website and form 656. If you are questioning the tax assessment completely you will have to fill out tax forms 656-L
If the Internal Revenue Service set up a tax assessment against you as being responsible officer under code section 6672 of the Internal Revenue Code, and you wish to file a claim or appeal on that assessment contact us today as we are true experts in the appellate area of trust fund taxes.
Former IRS Appeal Agent on staff.
On our staff is a former IRS appeals agent who started out as a revenue agent and for the next 25 years worked in the appeals function of Internal Revenue Service working hundreds and hundreds of trust fund penalty cases.
Current under Trust Fund Investigation
If you are under current investigation for a trust fund tax penalty IRS is going to be asking you to fill out form 4180 which you can find our website. As a former IRS agent I would caution you to be extremely careful in giving IRS any answers to form 4180 without professional tax advice. there are certain trick questions on that form. If you going to proceed and fill that form out by yourself my advice to you is this:
“If you are not sure of any answer any question is in your best interest to always write unknown.”
Most TFRP cases involve officers of corporations. However, a responsible person may be one or more of the following:
1. an officer or employee of a corporation
2. a member or employee of a partnership
3. a corporate director or shareholder
4. a related controlling corporation
5. Payroll Service Provider (PSP)
How IRS determines who is responsible for the trust fund penalty.
1. Who directed or authorized payments of bills to creditors,
2. Who had the right to open and close bank accounts for the business,
3. Good guarantee or cosign loans for the business,
4. Who signed or could cosign checks,
5. Who authorized payroll, who is authorized to make federal tax deposits.
6. Who filled out payroll tax form 941,
7. Who prepared reviewed or signed or transmitted payroll tax returns to the IRS or to the accountant,
8. Who had the right to hire or fire employees,
9. Who made sure other bills were paid other than the IRS,
1o. If you were to ask the employees of the company who in fact ran the business who would they point to,
11. Who ran day-to-day operations of the business.
You will find most of these questions on form 4180 that every revenue officer is instructed to be in their file before any trust fund case is closed. you can call me today and I can give you much more insight into trust fund cases.
While this is not an all-encompassing list of who is responsible for the trust fund taxes of a company or corporation, this would give the revenue officer out the local office of a good idea to look.
Trust Fund Taxes – Owe, Settle, Appeal – Former IRS Agents
by Fresh Start Tax | Jan 11, 2013 | Tax Help
Owe Payroll, Trust Fund Taxes, Call Former IRS Agents 1-866-700-1040
If you will owe back payroll taxes, 941 taxes, or trust fund taxes call Fresh Start Tax LLC today and we can offer you a free consultation on how to completely resolve this matter. We are tax experts in this area.
On staff are tax attorneys, CPAs, and former IRS agents and appeals officers. We have over 205 years of professional tax experience in over 60 years of working directly for the IRS in the local, district, and regional offices of the Internal Revenue Service.
Whether you are in business or just worried call us today to hear the best advice on how to bring your case to a peaceful resolution.
Payroll taxes are an IRS priority
IRS considers payroll taxes part of the trust fund tax family. IRS considers these payroll taxes a priority since the taxes are really not a direct tax but monies that are held in trust by a company or corporation that has not been turned over IRS. So the highest priority is given collecting trust fund money.
Good Advice
If you are currently in business the best advice we can give you being former IRS agents is to make sure you are at least current for the week, month or current quarter. When IRS sees that your current they are more than likely to offer you a payment plan.
Payroll Taxes turn in Trust Fund Cases
It also should be known that these payroll taxes spawn off trust fund taxes . The Trust Fund tax is a result of nonpayment of 941 payroll taxes.
As a result IRS will impose under section 6672 of the IRC code an assessment against those responsible for paying the payroll taxes. This trust fund tax comprises of all the withholding in one half of the employee Social Security. The responsible persons are not responsible for the employers part of the Social Security, the penalties, the interest or the unemployment taxes.
The position of the IRS
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.
These 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.
Responsible for the Trust Fund Cases
The Trust Fund may be assessed against any person who:
a. is responsible for collecting or paying withheld income and employment taxes, or for
b. paying collected excise taxes, and
c. willfully fails to collect or pay them.
A Responsible Person
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:
1. an officer or an employee of a corporation,
2. a member or employee of a partnership,
3. a corporate director or shareholder,
4. a member of a board of trustees of a nonprofit organization,
5. another person with authority and control over funds to direct their disbursement, or
6. another corporation or third party payer.
Willfulness for Trust Fund
For willfulness to exist, the responsible person:
a. must have been, or should have been, aware of the outstanding taxes and
b. either intentionally disregarded the law or was plainly indifferent to its requirements.
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of willfulness.
How IRS conducts there investigation
You may be asked to complete an interview ( form 4180 can be found on our website )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:
a. The unpaid income taxes withheld, plus
b. 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 Trust Fund
If the IRS determines that you are a responsible person, IRS will provide you a letter stating that we plan to assess the TFRP against you.
You will 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.
Caution
Once the IRS asserts the trust fund penalty, IRS can take collection action against your personal assets.
Owe Payroll, Trust Fund Taxes, Call Former IRS Agents
