by Fresh Start Tax | Jan 4, 2019 | Tax Help
I am a former IRS agent and teaching instructor. I have over 40 years of experience with the Internal Revenue Service and in private practice.
As a general rule of practice after 40 years of tax experience I have found I get a better result going to the appeals division.
I feel that you have a more seasoned person looking at the case who is much more able to settle the case based on their years of experience.
Many time in the local office you do not know what you’re going to get from the field agent working the case. It is a lot easier many times to convince the appeals officer based on certain common senses.
Many times a local office will see things black-and-white and the appeals agent sees things in the gray and are quicker to settle cases. The local offices seem to be more hard-nosed sticking to the facts, having little diverse city or settlement authority.
But keep in mind, you cannot have any frivolous arguments, you must have some sort of case before bringing it forward.
If you work a lot of cases that frequently go to appeals you can start building a reputation of a solid practitioner versus a scammer. It is best generally for your client and for your reputation to send solid work to the appeals office.
The appeals agent does something that the local agent in the office cannot do. If cases cannot be settled at the Appellate Division they go to Tax Court and IRS does not want to have the cost and expense of going to Tax Court so the appellate agent does their best job to settle the case at that level.
The appeals agent findings are very important and much of this is based around hazards of litigation, that is, is it easier to settle the case then go to Tax Court and lose.
Here is a look at the hazards of litigation.
A LAYMAN LOOK AT THE HAZARDS PROCESS
I am attempting here to lay out a layman’s look at the hazards of litigation and what the appellate officer will look at as a case comes their way.
As a general rule, the appellate officer receives the entire case from the collection division or the audit division with all the notes and the entire case file.
Generally, the Appellate Division will get involved in the case from the audit or collection division in which the taxpayer is unsatisfied based on the result of the current field agent working the case and asked for a hearing in the appeals division.
The agent will carefully look at the case and then send out their appointment letter. They want to try to understand the case first before the appointment letters go out.
It is critically important for the practitioner of the taxpayer to respectfully and respond to all-time dated requests. You not want to do anything to upset the appeals agent and their timelines in the handling of these cases.
Case files sent by the practitioner to appeals should be very organized, well documented and placed in tabs if necessary. Good case appearance is very important to the appellate agent can make their way through the case easily.
IRS management is very time conscious on cases and as a general rule, they do not like having overage cases in their inventory and many times both management and the agents are written up because of poor time management.
The appeals division is there to make a lasting final decision before the case could go to Tax Court.
The appeal officer does not want the case to go to court and they do their best to settle the case if in fact it can be settled on a reasonable basis and leaning toward the side of the United States government however there are certain factors that the IRS appellate agent must consider before settlement.
If the case goes the Tax Court the IRS does not want to lose because it can alter future decisions and this can have a devastating effect on future cases going for. if they lose the case it looks bad on the appellate agent, the supervisor’s management and the district in which the decision was ruled.
An Example:
The appellate agent looks at the case and based on the facts and circumstances they feel they have an 8/10 chance of winning the case, many times they can offer an 80% reduction in the total tax. Before the agent sends out a letter offering a reduction the case is reviewed with their supervisor to make sure this is consistent with the IRS overall goal so it does not affect future cases.
The IRS has certain categories or criteria that they use for the hazards of litigation.
I have put together 11 elements that they use in making their determination about the strength of the weakness of their case. Please remember this is a layman’s view so those reading this blog can understand how the IRS works these hazards of litigation cases.
I have deliberately not gone into any legal detail because this is just a brief overview of hazards.
Hazards of litigation categories
This list contains a majority of factors but not all-encompassing.
1. How would the judge view the facts of this case.
2. How much evidence would this hold inside a courtroom,
3. What is the credibility of the representation and the taxpayer
4. How well is the case been presented to the appeals agent that will be presented in court. Is the case well presented in well representative
5. Can the taxpayer meet the burden of proof effectively to convince the judge
6. If witnesses come into play are they credible and will they testify in such a case, can anything disqualify them
7. Has the taxpayer successfully shifted the burden of proof to IRS
8. Who does the appeals agent based on the aforementioned facts feel the judge will rule in favor of
9. How solid will the presenter of the taxpayer’s case be
10. Can the evidence of the facts be proven
11. Has tax law already existed in this case
What Does the IRM say about these matters
1. The Appeals mission is to resolve tax controversies, without litigation, on a basis which is fair and impartial to both the Government and the taxpayer and in a manner that will enhance voluntary compliance and public confidence in the integrity and efficiency of the Service.
This is Appeals’ general contribution towards achieving the Service mission. (See IRM 1.1.1, IRS Mission and Basic Organization and IRM 1.2.17, Servicewide Policies and Authorities, Policy Statements for the Appeals Process.) In further support of the Service mission, Appeals may defer action on or decline to settle some cases, under Policy Statement 8–47 (described at IRM 1.2.17.1.6), where:
A. required by other Headquarters Office-issued internal management documents, such as those suspending action on cases or those requiring coordination or control of identified matters with widespread impact; or
B. such action would produce a greater positive effect on voluntary compliance than would be derived from settlement or other action on the case.
3. A fair and impartial resolution is one which reflects on an issue-by-issue basis the probable result in event of litigation or one which reflects mutual concessions for the purpose of settlement based on relative strength of the opposing positions where there is substantial uncertainty of the result in event of litigation.
4. It is the experience of Appeals that thorough, reasonable, and objective consideration of all elements of a controversy leads, in a large majority of cases, to the resolution of the controversy on a basis agreeable to both the taxpayer and the Government.
The agreement is not possible in all cases, however, a taxpayer may not agree with Appeals conclusion as to the probable result in event of litigation or to the extent of mutual concessions required where there is substantial uncertainty of litigating result or may prefer to litigate for other reasons.
Former IRS Appellate Agents + IRS Help For Appeals Cases + We know the system
by Fresh Start Tax | Nov 29, 2018 | Tax Help
If you have any problem with the Internal Revenue Service it only makes sense to hire former IRS agents who know the system.
Since 1982, we have been practicing IRS tax debt relief services. Our firm has over 100 years of direct IRS work experience in the local, district and regional offices and our staff is composed of former IRS agents, supervisors, managers,. and teaching instructors.
As a result of all our knowledge, we know all the systems, methodologies, and every possible way possible to get you the fastest, most affordable, and the most effective IRS tax debt relief possible.
IRS deals with billions of dollars of tax debt on any given calendar year.
IRS has a very specific system that is used, that is a nationwide and/or worldwide system to deal with IRS tax debt.
HOW IRS WORKS TAX DEBT CASES
When dealing with a taxpayer who owes back taxes, one of the first things IRS does when they work a case is to conduct a full compliance check.
A full compliance check means that the IRS will check on the filing statuses of every year to make sure you are in full compliance and they will request and mandate that all tax returns are on the IRS system before they will close your case off the enforcement computer.
If you have not filed all tax returns we can file all back tax returns and make sure you pay the lowest amount of tax by law. With or without tax records we can reconstruct your tax return because being former IRS agents we know the system. You should also know that if you have not filed for many back years IRS will only require filing of the last six years.
In some cases you can make an IRS payment agreement online if you meet the various requirements that IRS has. When you call our office we will let you know whether you qualify for an installment payment online.
For those of you who do not qualify for an online payment the Internal Revenue Service will require a current financial statement.
As a general rule, those financial statements will be on a form 433F, 433A.
If the cases at the service center the service center will request the F and if it is in the local office they will require the A. The Internal Revenue Service will a current financial statement fully documented along with bank statements, pay stubs, and copies of all expenses.
IRS will look to see if you have any assets that you can liquidate to pay in full and if that cannot be done there are two other options . The first is the payment agreement and the second, you can be deemed currently not collectible and IRS can put you in a hardship status if you are truly having a financial hardship in your life.
Some taxpayers can qualify for an offer in compromise which they can settle their debt for pennies on a dollar. Upon calling our office we first try to find out if you can settle your debt to completely extinguish the liability.
The offer in compromise is the very best way to completely take care of your IRS debt. There are very specific formulas to settle your debt and we make sure you are a qualified candidate to settle your IRS debt before taking any money and working your case. C
Call us today for a free initial tax consultation and we will let you know the best possible status given your current financial statement.
We are a full-service firm we can prepare all back tax returns, settle your case if necessary, and we can go to appeals if necessary.
When you call our office, you will speak to a true IRS tax expert and not a salesperson like most companies.
We are a nationwide tax firm that does work not only in these United States but all over the world for any US citizen or any person that owes taxes to the United States Department of the Treasury.
We look forward to hearing from you.
by Fresh Start Tax | Nov 21, 2018 | Tax Help
[sulltypic]
Get a IRS bank or wage garnishment levy released immediately through formal IRS agents who know the system, since 1982.
You should know the chief collection tool of the Internal Revenue Service is both the bank and wage garnishment levy.
They collect for the Internal Revenue Service billions of dollars a year and will continue through the years to be the chief enforcement tool and moneymaker for the Internal Revenue Service and the Department of treasury.
The IRS over the years typically files anywhere between 1/2 a million to a million, both Bank and wage garnishment levies.
It requires no manpower for the Internal Revenue Service to actually file an IRS bank lev, it is done systematically out of the IRS CADE2 computer.
THE LEVY
The Internal Revenue Service keeps its levy sources by collecting your financial information on their computerized system and recording it over the last six years, yes all 1099, W-2, and any financial institution that has required information to file with the Department of treasury appear on this system.
Also if you have written a check to the Internal Revenue Service in the past six years records that is a levy source as well.
If you have not paid the Internal Revenue Service, a final notice of a bank or wage garnishment levy is systematically filed.
IRS generally sends out a series of 4 to 5 letters six weeks apart notifying you of their intent of pending action that they plan to take.
What is surprising many people are not even aware that this is going to happen because they’ve never received their mail and one day they find out from the bank IRS has frozen their money or their employer told him they’re not getting a paycheck.
The good news about the IRS bank levy is this, your money is frozen in the bank for 21 days, that is, you have 21 days to contact the Internal Revenue Service and they will issue a release of the bank levy but you have to know how to accomplish that and how to make sure that takes place within 21 days.
If the Internal Revenue Service has sent your bank a tax levy and you wish to get an immediate release, call us today. Since 1982.
We have over 200 years of professional tax experience, over 100 years of working directly for the Internal Revenue Service and our staff is composed of certified public accountants, enrolled agents, and former IRS agents, managers and teaching instructors.
We are true experts in IRS bank levies. As former IRS agents we have filed hundreds and hundreds of bank levies so we know the process of getting immediate releases of the documents.
When you call us we will give you a free initial tax consultation, walk you through the program and not only get you your IRS levy release but settle your case at the same time.
There is a very methodical way to get your IRS levy released.
THE HOW TO:
IRS will require a basic financial statement along with documentation and after review decide whether to put you into a currently not collectible, payment agreement or may encourage you to file an offer in compromise. The Internal Revenue Service will have to be contacted and complete documentation of your current financial statement must be given to the Internal Revenue Service or they will make an immediate determination if the financial statement is complete.
We generally immediately send in a power of attorney for all our clients complete and prepare the financial statement along with the documentation, call the Internal Revenue Service and get immediate releases of the federal bank or wage garnishment levies.
After a review your financial statement we will be able to set up a course of strategy and get your levy released immediately.
As a general rule within 24 hours of receiving your current financial statement we can get your bank levy released by the Internal Revenue Service.
Information you need to know about the IRS bank levy.
A levy is a legal seizure of your property to satisfy a tax debt.
IRS Levies are different from IRS liens. Many people get the two confused and they are quite different.
A lien is a legal claim against property to secure payment of the tax debt, while a levy actually takes the property to satisfy the tax debt. The filing of a federal tax lien will completely mess up your credit report and it must be dealt with.
Where does Internal Revenue Service (IRS) authority to levy originate?
The Internal Revenue Code (IRC) authorizes levies to collect delinquent tax. See IRC 6331. Any property or right to property that belongs to the taxpayer or on which there is a Federal tax lien can be levied, unless the IRC exempts the property from levy.
What actions must the Internal Revenue Service take before a levy can be issued?
The IRS will usually levy only after these three requirements are met:
• The IRS assessed the tax and sent you a Notice and Demand for Payment (a tax bill);
• You neglected or refused to pay the tax; and
• The IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.
The IRS may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested. If you have moved and not let the Internal Revenue Service know, many tax payers find themselves between a rock and a hard place because IRS sends the last final notice to the last filed address on the tax return.
Please note: if the IRS levies your state tax refund, you may receive a Notice of Levy on Your State Tax Refund, Notice of Your Right to Hearing after the levy.
When will the IRS issue a levy/garnishment?
If you do not pay your taxes (or make arrangements to settle your debt), and the IRS determines that a levy is the next appropriate action, the IRS may levy any property or right to property you own or have an interest in.
For instance, the IRS could levy property that is yours, but is held by someone else (such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions). Or, the IRS could seize and sell property that you hold (such as your car, boat or house).
What if a levy on my wages, bank, or other account is causing a hardship? Call us immediately if this is the case.
If the levy on your wages is creating an immediate economic hardship, the levy must be released. If the levy on your bank account or other account is creating an immediate economic hardship, the levy may be released.
An economic hardship occurs when we have determined the levy prevents you from meeting basic, reasonable living expenses. In order for the IRS to determine if a levy is causing hardship, the IRS will usually need you to provide financial information so be prepared to provide it when you call.
A levy release does not mean you are exempt from paying the balance.
The IRS will work with you to establish a payment plan or take other steps to help you pay off the balance. To help ensure quick action, please have the fax number available for the employer, bank or other financial institution that is processing the levy.
When the levy is on a bank account, the Internal Revenue Code (IRC) provides a 21-day waiting period for complying with the levy.
The waiting period is intended to allow you time to contact the IRS and arrange to pay the tax or notify the IRS of errors in the levy.
Generally, IRS levies are delivered via the mail. The date and time of delivery of the levy is the time when the levy is considered to have been made.
PLEASE NOTE: In the case of a bank levy, funds in the account are frozen as of the date and time the levy is received. Normally, the levy does not affect funds you add to your bank account after the date of the levy.
IRS Wage Levies may Follow. Even though IRS usually files a bank or a wage garnishment levy in some cases they will take both enforcement actions.
If the IRS levies (seizes) your wages, part of your wages will be sent to the IRS each pay period until:
• You make other arrangements to pay your overdue taxes,
• The amount of overdue taxes you owe is paid, or
• The levy is released.
Part of your wages may be exempt from the levy and the exempt amount will be paid to you. The exempt amount is based on the standard deduction and an “amount determined” calculated in part based on the number of dependents you are allowed for the year the levy is served.
The IRS mails Publication 1494 (PDF) with the levy which explains to your employer how to determine the amount exempt from levy.
Your employer will provide you with a Statement of Dependents and Filing Status to complete and return within three days. If you do not return the statement in three days, your exempt amount is figured as if you are married filing separately with no dependents (zero). If you have other income sources, the IRS may allocate the exemptions to the other income source and levy on 100% of the income from a particular employer.
Levies are different from liens, So please take note.
A lien is a legal claim against your property to secure payment of your tax debt, while a levy actually takes the property to satisfy the tax debt.
A federal tax lien comes into being when the IRS accesses a tax against you and sends you a bill that you neglect or refuse to pay it. The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.
You have the right to appeal if the IRS advises you of the intent to file a Notice of Federal Tax Lien. Your appeal rights are explained in IRS Publication 1660, Collection Appeal Rights (PDF).
When filed, the Notice of Federal Tax Lien is a public document that alerts other creditors that the IRS is asserting a secured claim against your assets.
Credit reporting agencies may find the Notice of Federal Tax Lien and include it in your credit report. An IRS levy is not a public record.
Call us today for a free initial tax consultation and speak to a true IRS tax expert regarding your IRS bank levy or wage levy garnishment.
IRS Bank/Wage Garnishment Levy Released Immediately + Jacksonville, Tampa , Orlando, Miami, Tallahassee
by Fresh Start Tax | Nov 6, 2018 | Tax Help
So, you file a tax return and you will owe back taxes to the Internal Revenue Service, what is going to happen and what is the process???
The first thing that you will do is receive a bill for the amount you will.
This bill actually starts the IRS collection process and will continue until your account is closed by the Internal Revenue Service.This process is called the IRS tax assessment and starts the statute of limitation on every case which is 10 years that IRS creates a notice on the IRS billing system.
There are different ways that IRS can close your case.
As a general rule, IRS after reviewing your case and your current financial statement may close your case by putting you into a non-collectible hardship status, entertaining a payment agreement or the possibility of settling your tax debt through an offer in compromise.
This will happen over a ten-year period of time in which the IRS collection statute of limitations expires.
It is very important for every taxpayer to understand and to make sure that the tax debt that IRS is assessing you for is correct.
I advise all taxpayers to pull out there tax return and compare it to the bill to make sure the amount owed to IRS is correct.
If not, your first step is to correct the IRS tax notice and make sure the proper amount you always on the IRS computer.
The first notice you receive will be a letter that explains the balance due and demands payment in full.
It will include the amount of the tax, plus any penalties and interest accrued on your unpaid balance from the date the tax was due.
The unpaid balance is subject to interest that compounds daily and a monthly late payment penalty. It’s in your best interest to pay your tax liability in full as soon as you can to minimize the penalty and interest charges.
If you’re not able to pay your balance in full immediately, the IRS may be able to offer you a monthly installment agreement. There are various programs that IRS has to pay back taxes depending on the amount you owe and the period of time you wish to pay them back.
If this is your situation you could call us today and speak to a true IRS tax expert.
IRS should be contacted at some time during this process especially when you receive the final notice to let them know you are unable to pay the tax debt in full and you wish to make arrangements.
Making arrangements is not necessarily to pay off the debt but may be to ask IRS to place you in a hardship or let them know you want to settle your tax debt through the filing of an offer in compromise
If you need more time to pay, you may ask that IRS delay collection and report your account as currently not collectible.
If the IRS determines that you can’t pay any of your tax debt due to a financial hardship, the IRS may temporarily delay collection by reporting your account as currently not collectible until your financial condition improves.
Being currently not collectible doesn’t mean the debt goes away. It means the IRS has determined you can’t afford to pay the debt at this time.
Prior to approving your request to delay collection, we may ask you to complete a Collection Information Statement (Form 433-F.pdf, Form 433-A.pdf, or Form 433-B.pdf) and provide proof of your financial status (this may include information about your assets and your monthly income and expenses).
If IRS does delay collecting from you, your debt continues to accrue penalties and interest until the debt is paid in full. The IRS may temporarily suspend certain collection actions, such as issuing a levy (explained below), until your financial condition improves. However, we may still file a Notice of Federal Tax Lien (explained below) while your account is suspended.
It’s important you contact the IRS and make arrangements to pay the tax due voluntarily. is best to check with the professional tax firm about the various programs that are available to take care of your situation and to draw up a short term and long term strategy.
If you do not contact IRS, they may take action to collect the taxes.
For example:
1. Filing a Notice of Federal Tax Lien
2. Serving a Notice of Levy, or Wage Garnishments
3. Offsetting a refund to which you’re entitled
What is a federal tax lien:
A federal tax lien is a legal claim to your property, including property that you acquire after the lien arises.
The federal tax lien arises automatically when you fail to pay in full the taxes that have been assessed against you within ten days after the IRS sends the first notice of taxes owed and demand for payment.
The IRS may also file a Notice of Federal Tax Lien in the public records, which publicly notifies your creditors that the IRS has a claim against all your property, including property acquired by you after the filing of the Notice of Federal Tax Lien.
The filing of a Notice of Federal Tax Lien may appear on your credit report and may harm your credit rating.
Once a lien arises, the IRS generally can’t release the lien until the tax, penalty, interest, and recording fees are paid in full or until the IRS may no longer legally collect the tax.
The IRS will withdraw a Notice of Federal Tax Lien if the notice was filed while a bankruptcy automatic stay was in effect.
The IRS may withdraw a Notice of Federal Tax Lien if the IRS determines:
1. The Notice was not filed according to IRS procedures;
2. You enter into an installment agreement to satisfy the liability unless the installment agreement provides otherwise;
3. Withdrawal will allow you to pay your taxes more quickly; or
4. Withdrawal is in your best interest, as determined by the National Taxpayer Advocate, and in the best interest of the government.
The IRS may levy (seize) assets such as wages, bank accounts, social security benefits, and retirement income.
The IRS also may seize your property (including your car, boat, or real estate) and sell the property to satisfy the tax debt. In addition, any future federal tax refunds or state income tax refunds that your due may be seized and applied to your federal tax liability.
You have rights and protections throughout the collection process.
if you will money to the Internal Revenue Service and you need to know what’s next call former IRS agents who can explain the process and set up a short-term/long-term strategy to and your tax problem altogether.
It is very important for everyone to know that all tax returns need to be filed and that all taxpayers remain current with withholding or estimated tax payment so IRS can work with you and feel confident about their negotiations.
by Fresh Start Tax | Nov 5, 2018 | Tax Help
There is a very specific procedure to understand on how much IRS may settle your tax debt.
To know about the procedures is the key to understand how you can settle your tax debt for the lowest possible amount.
There are hundreds or maybe a thousand firms promising IRS will settle your tax debt for pennies on the dollar.
While this is true, there are many scrupulous companies out there that simply take your money and you have a case that has no chance of settlement. I know because I receive hundreds of calls a year about tax resolution firms that take money from suspecting taxpayers hoping to settle their debt only to find out they have been ripped off. Make sure this does not happen to you.
A simple call to our office, free tax consultation, will tell you the truth about is the offer in compromise program right for you.
If you want to know the truth about the offer in compromise program I am the person you need to speak to. Since 1982.
I am a former IRS agent and teaching instructor with my former boss of the offer in compromise program.
I know the system inside and out I worked it I’ve trained others and have accepted offers in compromise for the federal government.
I am a true IRS tax expert, national speaker, and have been on FOXBusiness news and other outlets speaking about different matters about Internal Revenue Service.
There are many myths about the offer in compromise program. Everyone wants to settle their tax debt for pennies on the dollar but there are certain realities that exist about the program.
There are strict standards that the IRS employee before they accept an offer in compromise.
I know because I’ve both accepted offers in compromise taught new employees to accept the offer in compromise or reject them and I know the system inside and out.
I suggest that every client or taxpayer before they file an offer in compromise either do one of two things.
Number one, call a true tax expert who knows the offer in compromise inside out or number two, to fill out the IRS pre-qualifier tool for the offer in compromise.
If you’re calling a professional firm you want to make sure the representative has at least filed 100 offers.
It takes a lot of experience and knowledge to get an offer in compromise through. some are very simple and don’t need a lot of experience while others demand. expertise skill level.
The Internal Revenue Service spends several hours, much more than you think to accept an offer in compromise. As a general rule, the average agent can spend between 20 to 40 hours to accept an offer in compromise.
After that takes place, the revenue officer must convince their local supervisor, the area manager, and the General Counsel of Internal Revenue Service to accept the offer.
It literally goes back and forth in the system. Some exceptions do exist. Dollar amount has a lot to do in the direction your offer will take.
Why? because all offers and compromise are a matter of public record.
That public record is available at eight regional IRS offices in the United States. Even though offers are open to public inspection only one person last year looked through the IRS offers in compromise files. IRS is not made electronic copies for review.And I doubt in the future they will be well equipped to do that. IRS always has an issue about putting anything on computer for violation, corruption and infiltrating the IRS computers.
There is a base rule for Internal Revenue Service accepting an offer in compromise.
You must give IRS the total equity in all your assets before IRS will consider or contemplate the acceptance. Some exceptions exist, assets consist of houses, pension plans, stock, business valuations, IRS wants to make sure you’re actually borrowing the money to settle.
If you are interested in filing an offer in compromise you can call us today for a free initial tax consultation and I will walk you through the process of the true IRS debt settlement called the offer in compromise.
FACTS ON THE OIC:
IRS last year accepted approximately 30,000 offers in compromise in approximately 75,000 were accepted. The average settlement was $9500.
Don’t let this average settlement fool you, it’s based on an average of all the offers accepted.
Offers in compromise are excepted by formula not by judgment.
The basic formula :the total value of your assets times what you have left over a month on a current income and expense statement times the number of months left in the statute. Some exceptions do apply.In general the IRS is looking for reasonable collection probabilities.
Due diligence that can be used by IRS.
You want to make sure your financial statement is accurate.
IRS has a host of web-based tools that can search your assets, places were you work, your income, your real estate records, your car records, your business records, insurance records , financial statement you’ve given institutions, credit reports and financial statements you’ve given the credit companies.
The amount of due diligence that the IRS spends working on cases depend strictly on the dollar amount of the tax debt. If you over hundred thousand dollars IRS spends a great deal more honor offer case.
Make sure you are very honest in the submission of your offer in compromise
So. what is an offer in compromise, a tax debt settlement
An offer in compromise allows you to settle your tax debt for less than the full amount you owe.
It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship.
IRS consider your unique set of facts and circumstances:
• Ability to pay;
• Income;
• Expenses; and
• Asset equity.
IRS generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time.
The Offer in Compromise program is not for everyone.
If you hire a tax professional to help you file an offer, be sure to check his or her qualifications.
Make sure you are eligible to file:
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.
Use the Offer in Compromise Pre-Qualifier to confirm your eligibility and prepare a preliminary proposal.
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.
Select a payment option
Your initial payment will vary based on your offer and the payment option you choose:
• Lump Sum Cash: Submit an initial payment of 20 percent of the total offer amount with your application. If your offer is accepted, you will receive written confirmation. Any remaining balance due on the offer is paid in five or fewer payments.
• 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, continue to pay monthly until it is paid in full.
If you meet the Low Income Certification guidelines, you do not have to send the application fee or the initial payment and you will not need to make monthly installments during the evaluation of your offer. See your application package for details.
Understand the process
While your offer 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.
If your offer is accepted
• You must meet all the Offer Terms listed in Section 8 of Form 656, including filing all required tax returns and making all payments;
• Any refunds due within the calendar year in which your offer is accepted will be applied to your tax debt;
• Federal tax liens are not released until your offer terms are satisfied; and
• Certain offer information is available for public review by requesting a copy of a public inspection file.
If your offer is rejected
• You may appeal a rejection within 30 days using Request for Appeal of Offer in Compromise, Form 13711 (PDF).
Call us today for a free initial tax consultation and we will walk you through the system to get your offer in compromise accepted if you are a credible candidate for the program.
We only file offers in compromise if you are a suitable candidates. there is nothing worse than a professional tax from scamming people and taking money from unsuspecting people thinking their IRS offer in compromise has a shot of acceptability.
Just for the record, the feature of the offer in compromise is that IRS will release your federal tax liens that have been filed after the taxes paid off.
Also remember all your tax returns must be filed before the Internal Revenue Service will contemplate even working the offer in compromise.
Remember, offers in compromises are not for all people. You must speak to true tax experts to make sure you qualify and you should never give your money to any firm unless you speak to the person and you truly understand how IRS will accept your financial statement and accept the offer in compromise.
Call us today for a free tax consult.
How Much Money Will IRS Settle For On My Tax Debt, Former IRS Agent Explains the System
