by Fresh Start Tax | Feb 5, 2013 | Tax Help
Miami – Back Taxes, Unfiled Tax Returns, Settlements – Former IRS Agents 954-492-0088
Free consultations are available with Tax Attorneys, CPAs and former South Florida IRS agents.
We are comprised of tax attorneys, CPAs and former IRS agents, managers and instructors. We have over 60 years of direct work experience in the local South Florida IRS offices and we have been in the positions of agents, managers, instructors, and former IRS appeals agents.
All our work is done in-house and we are A+ rated by the Better Business Bureau.
We have been serving South Florida since 1982.
Back Taxes, Unfiled Tax Returns and Tax Settlements.
If you have any back tax issues whether you have not filed tax returns or owed back taxes or going through a tax audit call us today and we will match you up with the tax specialist that can immediately and permanently start to resolve your IRS back tax problem.
We can file your back taxes and settle your tax case all of the same time. If you have lost your records that is not a problem are tax experts in the reconstruction of past tax returns.
The new fresh start program or fresh start initiative is allowing many taxpayers the opportunity to file back tax returns and settle their tax debts.
The new Fresh Start Program by the Internal Revenue Service
The Internal Revenue Service six months ago made major changes in the way they deal and handle taxpayers that all back taxes. The new fresh start program or fresh start initiative is going to help out thousands and thousands upon taxpayers to go ahead and more readily and easily handled their IRS tax problems.
IRS has made dealing with back taxes a much easier.
Please find below changes IRS has made in back taxes due to the new Fresh Start Program.
Federal Tax Lien Thresholds.
The IRS will significantly increase the dollar thresholds when federal tax liens are generally filed. IRS federal tax liens are now filed on liabilities and exceed $10,000.
The new dollar amount is in keeping with inflationary changes since the number was last revised. Currently, Federal tax liens are automatically filed at certain dollar levels for people with past-due balances on back taxes.
What is a Federal Tax Lien
A federal tax lien gives the IRS a legal claim to a taxpayer’s property for the amount of an unpaid tax debt. Filing a Notice of Federal Tax Lien is necessary to establish priority rights against certain other creditors.
The federal government is usually not the only creditor to whom the taxpayer owes money. So the federal government secures there interest by the filing of the federal tax mind
A federal lien informs the public that the U.S. government has a claim against all property, and any rights to property, of the taxpayer.
This includes property owned at the time the notice of lien is filed and any acquired thereafter. A federal tax lien can affect a taxpayer’s credit rating, so it is critical to arrange the payment of taxes as quickly as possible.
Federal Tax Lien Withdrawals by the Internal Revenue Service
The IRS will also modify procedures that will make it easier for taxpayers to obtain lien withdrawals.
Federal Tax Liens will now be withdrawn once full payment of taxes is made if the taxpayer requests it. See more on our website about this issue.
The IRS has determined that this approach is in the best interest of the government.
In order to speed the withdrawal process, the IRS will also streamline its internal procedures to allow collection personnel to withdraw the liens.
Direct Debit Installment Agreements , Payment plan and Federal Tax Liens
The IRS is making other fundamental changes to liens in cases where taxpayers enter into a Direct Debit Installment Agreement .
Big News on lien withdrawals.
For taxpayers with unpaid assessments of $25,000 or less, the IRS will now allow lien withdrawals under several scenarios:
Federal Tax Lien withdrawals for taxpayers entering into a Direct Debit Installment Agreement.
The IRS will withdraw a lien if a taxpayer on a regular Installment Agreement converts to a Direct Debit Installment Agreement.
The IRS will also withdraw federal tax liens on existing Direct Debit Installment agreements upon taxpayer request.
Federal Tax Liens will be withdrawn after a probationary period demonstrating that direct debit payments will be honored.
Installment Agreements, Payment arrangements and Small Businesses on back taxes
The IRS will also make streamlined Installment Agreements available to more small businesses. The payment program will raise the dollar limit to allow additional small businesses to participate.
Small businesses with $25,000 or less in unpaid tax can participate.
Currently, only small businesses with under $10,000 in liabilities can participate. Small businesses will have 24 months to pay.
The streamlined Installment Agreements will be available for small businesses that file either as an individual or as a business.
Small businesses with an unpaid tax assessment balance greater than $25,000 would qualify for the streamlined Installment Agreement if they pay down the balance to $25,000 or less.
Small businesses will need to enroll in a Direct Debit Installment Agreement to participate.
Offers in Compromise / IRS Tax Debt Settlements on Back Taxes
The IRS is also expanding a new streamlined Offer in Compromise (OIC) program to cover a larger group of struggling taxpayers.
This streamlined OIC is being expanded to allow taxpayers with annual incomes up to $100,000 to participate. Tax Participants must have tax liability of less than $50,000, doubling the current limit of $25,000 or less.
Compromises or Tax Debt Settlements are subject to acceptance based on legal requirements.
An offer-in-compromise ( OIC ) is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed.
Generally, an offer will not be accepted if the IRS believes that the liability can be paid in full as a lump sum or through a payment agreement. The IRS will looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay.
Call our offices today and see how easy it is to go ahead and file your back taxes and settle your IRS tax debt. All tax consultations are free and are covered by privilege.
Unfiled Tax Returns
If you have unfiled tax returns because you have lost your tax records contact us today and we can reconstruct any and all back tax returns. We are tax experts in reconstruction. We have prepared thousands of back tax return since 1982 and can help you through this process.
Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction if Tax Records are lost or destroyed
- Back Taxes, unfiled tax returns and settlements
Our Company Resume: ( Since 1982 )
- Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A”
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran , Published Former IRS Agent
- Nationally Recognized Published EZINE Tax Expert
- As heard on GRACE 90.3 Net Monthly Radio Show-Business Weekly
Miami – Back Taxes, Unfiled Tax Returns, Settlements – Former IRS Agents
by Fresh Start Tax | Jul 17, 2012 | Back Taxes, Tax Help, Tax Returns, Tax Settlements
We are a professional tax firm specializing in tax matters, solutions, tax planning and IRS representation for Expatriates, FBAR and US Citizens Citizens Living Abroad.
The scope of of practice is worldwide.
We are comprised of Board Certified Tax Attorneys, Tax Lawyers, CPA’s and Former IRS agents and managers.
We have over 206 years of professional tax experience and over 60 years of direct work experience at the IRS.
You can call us for a no cost professional consult and speak directly to a tax professional. 1-866-700-1040.
We can file all tax returns, prepare any past due or unfiled tax returns and if necessary work out a tax settlement if you cannot pay the IRS.
As Former IRS Instructors we taught Tax Law at the IRS.
Tax Tips:
Foreign Earned Income Exclusion
If your Tax Home is in a foreign country and you meet the bona fide residence test or the physical presence test, you can choose to exclude from your income a limited amount of your foreign earned income.
Should you choose to exclude from your income a foreign housing amount. If you choose to exclude a foreign housing amount, you must figure the foreign housing exclusion before you figure the foreign earned income exclusion.
Your foreign earned income exclusion is limited to your foreign earned income minus your foreign housing exclusion.
If you choose to exclude foreign earned income, you cannot deduct, exclude, or claim a credit for any item that can be allocated to or charged against the excluded amounts.
This includes any expenses, losses, and other normally deductible items allocable to the excluded income.
Limits on Excludable Amount per IRS Code.
You may be able to exclude up to $92,900 of your foreign earned income in 2011.
You cannot exclude more than the smaller of:
$92,900, or
Your foreign earned income (discussed earlier) for the tax year minus your foreign housing exclusion (discussed later).
If both you and your spouse work abroad and each of you meets either the bona fide residence test or the physical presence test, you can each choose the foreign earned income exclusion.
You do not both need to meet the same test. Together, you and your spouse can exclude as much as $185,800.
Paid in year following work.
You are considered to have earned income in the year in which you do the work for which you receive the income, even if you work in one year but are not paid until the following year.
If you report your income on a cash basis, you report the income on your return for the year you receive it. If you work one year, but are not paid for that work until the next year, the amount you can exclude in the year you are paid is the amount you could have excluded in the year you did the work if you had been paid in that year.
There are exceptions to some of these rules and for further details as to how they apply, call us for a no cost tax consult. 1-866-700-1040.
US Citizens Living Abroad, Tax Help, Filing Back Taxes, Past Due Taxes, Settlements, IRS Tax Experts
by Fresh Start Tax | Jun 28, 2012 | Abatements, FBAR, IRS Tax Problem, Tax Lawyer, Tax Returns, Tax Settlements, Uncategorized
With the aggressive position of the IRS on FBAR cases and the the new federal funding given to the IRS, the Service is going to ramp up a full force major attack on all FBAR cases.
The IRS has been training new Revenue Agents to have become ROBO-FBAR AGENTS to scare the taxpayers into submission and full tax compliance.
It has worked so far.
The commissioner of the IRS announced the IRS has collected over $5 Billion and much more is expected to come. Fear is a great motivator.
With this said, if currently you have professional tax needs in this area call us today for a free tax consult.
Speak directly with Board Certified Tax Attorneys, Tax Lawyers, CPAs and Former IRS Agents who are tax experts in the field of FBAR tax settlements, tax negotiations. We can answer all your questions with a no cost first consult.
What is new with FBAR
The standard penalty was recently increased from 25 percent to 27.5 percent.
In December 2011 the IRS issued FS-2011 that appeared to soften their attitude and provided that penalties will not be imposed in all cases. Check with us and see if you qualify for this.
Taxpayer (s) that remain out of compliance will likely eventually show up on the IRS radar screen. With IRS cutting more deals with countries and with new tax treaties being developed with new countries every day, FBAR will become a daily topic within the IRS because of the sheer volume of revenue it brings in.
New Revenue Agents Groups within the IRS have been formed with many Agents currently being trained simply to work these FBAR cases.
It should also be known these are highly skilled agents working these case.
If a taxpayer is notified the IRS is seeking FBAR info, it is vitally important they seek out legal representation.
Many times the IRS will play the criminal card.
On large dollar cases, Agents have the ability to make a criminal referrals to CI if the Agent feels that tax fraud is involved.
The IRS post lists on their website of all their current convictions.
Innocent Taxpayers with Compliance Problems
Many of our clients/taxpayers come from places all over the world.
Most do not face exposure to criminal tax issues.
Criminal tax problems typically involve intentional actions to hide the ownership of assets and income such as offshore trusts, pure and out right fraud and shell- type companies.
Most, about 95 % of our clients have simply failed to file FBARs, some have not filed tax returns for many years and these taxpayers do not owe any U.S. tax due to foreign tax credits as they pay higher rate foreign tax. Most are simply unaware or uninformed.
Reasonable cause and relief from penalties
There are a array of reasons the the IRS abates penalties and interest. There is a long list found on our website.
We usually go over the fact patterns of each individual case and develop a tax strategy for a successful abatement of penalties and interest.
On staff is a Former IRS Appeals Agent who over his 35 year career at IRS has probably worked more Abatement case than any I know.He exclusively works our abatement cases.
We handle all FBAR Cases, Tax Settlements, Negotiations. We can file all unfiled tax returns.
We are compromised of Tax Attorneys, Tax Lawyers, CPA’s and Former IRS Agents
We are true FBAR Tax Experts, call us today. 1-866-7001-040
Thank you.
by Fresh Start Tax | Jun 13, 2012 | IRS Tax Problem, Tax Lawyer, Tax Levy and Wage Garnishments
Wrongful IRS Tax Levy – How to get a release of Wrongful Tax Levy
If the IRS has placed a wrongful or incorrect tax levy on any asset that you have, there is a procedure to removal the wrongful tax levy from the IRS.
First of all, there is no specific form for making the request to get the wrongful tax levy removed.
The Tax Law on a Wrongful IRS tax levy.
§ 301-6343-3(d) states in part that a levy that was made in violation of the law must be released and the levied property must be returned to the taxpayer.
§ 301-6343-3(e) states in part that the taxpayer must request the return of levied property within 9 months after the levy.
§ 301-6343-3(h) provides the procedure for making a request for the return of the levied property.
The procedure is as follows:
1. The request must be in writing to the address on the levy form.
2. The request must include the following information:
a. The name, current address and the taxpayer identification number.
b. A description of the property levied upon.
c. The date of the levy.
d. A statement of the grounds upon which the return of money is being requested.
§ 301-6343-3(g) states that the commissioner must determine whether any of the conditions of § 301-6343-3(d) apply for the release of the levy and the return of the levied property.
If the IRS denies the request for the return of the levied property, IRM 5.11.2.3.3(1), states that the IRS will issue Letter 3975 (Rejection of Request for Return of levied Property ) to the taxpayer.
IRM 5.11.2.3.3(3) states that the taxpayer may appeal the rejection (after receiving Letter 3975) of the request for the IRS to return the levied property using Collection Appeal Program (CAP) procedures; or, if Collection Due Process (CDP) rights exist under § 6330(f) and are timely exercised by raising the issue at a CDP hearing or an equivalent hearing, whichever may be applicable.
The removal of the wrongful or incorrect tax levy.
The first place to start is to contact the person or unit that issued the wrong IRS tax levy.
Ask to speak to the manager in the unit where the levy was sent. Many times you will not be allowed to speak to the managers about the wrongful tax levy. Once you make that request two days latter file a CAP request by fax to the unit of person working the case. This forces the IRS to work your appeal and start the process of the removal of the wrongful tax levy.
If after all this the IRS still does not work the wrongful tax levy, you can contact the Taxpayer Advocate Office.
Should you need any help with this process contact Fresh Start Tax LLC.
We have on staff Tax Attorneys, CPA’s and Former IRS and can address all your IRS problems and get you immediate tax relief.
Wrongful IRS Tax Levy – How to get a release of Wrongful Tax Levy – Former IRS Agents
by Fresh Start Tax | Jun 4, 2012 | IRS Tax Debt, IRS Tax Problem, Offer in Compromise, Representation, Tax Help, Tax Lawyer, Tax Returns, Tax Settlements, Uncategorized
Settling your IRS tax debt has just been made much easier through the new Fresh Start Program just launched by the Internal Revenue Service.
On May 21, 2012 the Internal Revenue Service announced another expansion of its “Fresh Start” initiative by offering much more flexible terms to its Offer in Compromise (OIC) program that will enable some of the most financially troubled taxpayers/businesses to clear up their IRS tax problems/issues and in many cases more quickly than in the past. This is one of the biggest changes ever by the IRS in regard to IRS tax debt.
The new announcement specifically targets on the financial analysis used to determine which taxpayers qualify for an Offer in Compromise or a tax debt settlement.
This announcement also enables some taxpayers to resolve their tax problems in as little as two years compared to four or five years or in some cases 10 years in the past.
In certain circumstances, the changes announced today include:
1. Revising the calculation for the taxpayer’s future income
.2 Allowing taxpayers to repay their student loans.
3. Allowing taxpayers to pay state and local delinquent taxes.
4. Expanding the Allowable Living Expense allowance category and amount.
An OIC ( Offer in Compromise ) is an agreement between a taxpayer and the IRS that settles the taxpayer’s IRS tax debt liabilities for less than the full amount owed. In many cases “pennies on a dollar’. The usually settlement is about $.014.
An OIC is generally not accepted if the IRS believes the liability can be paid in full as a lump sum or a through payment agreement. The IRS looks at the taxpayer’s two major assets:
1. all income including social security, disability income,
2. liquid assets including 401k and all pensions
to make a determination of the taxpayer’s reasonable collection potential.
Offers in Compromise are subject to acceptance on legal requirements and must be approved by 3 layers of IRS management.
The IRS finally recognizes that many taxpayers are still struggling to pay their debts and are underwater on there mortgages so the IRS has been working to put in place “common-sense changes” to the OIC program. This change is long over due.
When the IRS calculates a taxpayer’s reasonable collection potential, the Internal Revenue Service will now look at only one year of future income for offers paid in five or fewer months, down from four years, and two years of future income for offers paid in six to 24 months, down from five years. This is a huge change and will allow the taxpayers to reduce their IRS tax debt as far down as 75%.
Settling your IRS tax debt has really been made much easier starting today.
All offers in compromise must be fully paid within 24 months of the date the offer in compromise is accepted.
The new IRS Form 656-B, Offer in Compromise Booklet, and new IRS Form 656, Offer in Compromise, has been revised to reflect the changes.
Other changes to the program include narrowed parameters and clarification of when a dissipated asset will be included in the calculation of reasonable collection potential. In addition, equity in income producing assets generally will not be included in the calculation of reasonable collection potential for on-going businesses.
It is always best to make sure your offer in compromise or your tax debt settlement qualifies for a tax settlement in the first place.
Call the tax professionals at Fresh Start Tax LLC. We are comprised of Board Certified Tax Attorneys, CPA’s and Former IRS Agents and Managers.
We can also file all past due, late, or back tax returns. We are your firm for immediate and permanent tax relief on back taxes.
