Tax Debt May Result in Loss of Passport

Posted on February 29, 2016 by Kursti Nakagawa

One of the numerous bills passed by Congress toward the end of last year was the Fast Act (Fixing America’s Surface Transportation Act). Executed on December 5, 2015, the main focal points of the bill are improving the county’s transportation infrastructure, strengthening public transportation and improving highway safety. However, in addition to the Fast Act’s focus on these transportation related issues, it contains an important line item which allows the State Department to go after United States citizens who owe back taxes by interrupting their use of a passport. The bill allows the government to refuse to issue a passport, fail to renew a passport or revoke a current passport if a taxpayer owes back taxes in excess of a certain threshold amount. This provision is particularly significant because, for the first time, it allows the IRS to share information with the State Department.

The IRS has been aggressively trying to collect back taxes for the past several years. However, they have recently had to scale back on the number of employees devoted to tax collection in order to deal with such pressing issues such as tax fraud, identity theft and tax scams. In light of this employee shortage, the Fast Act takes a step in the direction of collecting back taxes by interfacing with the State Department. It declares that any United States taxpayer who owes $50,000 or more in taxes, interest and penalties is considered to be in “seriously delinquent debt.” Once this designation has been established, the bill allows the IRS to turn to the Secretary of State to deny a passport when one is about to be issued or renewed by such an individual. Because a passport is a strong representation of freedom for any U.S. citizen, the new bill makes a powerful statement about the government’s focus on collecting delinquent tax payments.

If you are a taxpayer who falls into delinquent taxpayer category described above, it may well be advisable for you to contact a competent tax settlement professional to investigate your tax settlement options. Among other alternatives, these options include an IRS Offer in Compromise or IRS Installment Agreement. While a traditional Installment Agreement simply makes payment of a tax debt more manageable by setting up a payment plan, both the Offer and Compromise and the Partial Payment Installment Agreement settle the debt for less than the full amount owed. An additional option is to request a Collection Due Process Hearing. Once a taxpayer and the IRS have agreed upon a method for paying the back tax balance, the Secretary of State will go through the motions of removing the hold on the taxpayer’s passport. Similar to the IRS revoking a lien or a levy, the Secretary of State will deem the taxpayer’s current passport valid or issue a release allowing a passport to be renewed or a new one to be issued.

If you have tax questions or a tax debt you are unable to pay, our tax settlement professionals are happy to discuss your tax resolution options free of charge. For more information about our services, visit us today at www.professionaltaxresolution.com or call us at 877.889.6527. With over 16 years in the business of resolving tax debt, we have a thorough understanding of tax law together with the experience to know which settlement option will be the best fit for your specific set of circumstances.

Tax Fraud Back in the Limelight

Posted on February 15, 2016 by Kursti Nakagawa

Tax Fraud Back in the Limelight

The subject of tax fraud often makes the news headlines somewhere around the opening of tax season and it appears that Tax Season 2106 is no exception. Numerous state tax agencies, including Illinois, Hawaii, Utah and, most recently, South Carolina, have already announced tax refund delays due the threat of identity theft and tax refund fraud. Although the Internal Revenue Service has not issued any similar notices of delay, they have nonetheless issued bulletins warning taxpayers of potential fraudulent activity and suggesting precautions to take to combat it.

The refund delays announced by certain states are the result of increased security measures that have been put in place to prevent identity theft and other types of tax fraud. A spokesperson for the Illinois Department of Revenue, which has announced that they are unlikely to issue any tax refunds before the middle of March, has said that efforts used last year “illustrate the positive impact that additional delays and scrutiny have had in combating tax return and identity theft.” Other states have followed suit. The Hawaii Department of Taxation announced that refunds may be delayed by as much as 16 weeks while the Utah legislature actually passed a law prohibiting the issuing of tax refunds before March 1st unless all returns and required forms were submitted by January 31st. Veranda Smith of the Federation of Tax Administrators has said that the general trend for tax agencies will be to move in the direction longer lead times in order to allow more time for the matching of information sent from multiple sources.

In addition to the delays announced by certain states, the Internal Revenue Service continues to take steps to combat tax fraud. They have published security tips on their website and have met jointly with representatives of software companies and state tax agencies for the purpose of sharing data and standardizing online security protocol. On top of this, the software companies are taking their own steps to protect taxpayers from fraudulent activity. Some have published stepped up requirements for passwords while others, such as Turbo Tax, are requiring the use of a security code sent to the cellphone in order to log on to the tax software. While the 2105 Turbo Tax software required the use of this code for the initial use of theprogram, the 2016 version has increased this security measure by giving users the option of using the code each time they log in. All of these steps are part of a clear tend on the part of the IRS, state tax agencies and software companies to increase tax return security.

Where is My Tax Refund?

Posted on February 2, 2016 by Kursti Nakagawa

Where Is My Tax Refund?

Where is My Refund?

The IRS has announced that the recently opened 2016 tax season started off on a good note. In fact, they reported the receipt of thousands of tax returns on opening day with no major filing issues. It has also been reported that the average wait time for a tax professional to speak to an IRS representative is ten minutes in comparison to wait times of over an hour last year. Although it is still very early in the game, expectations are high for a smooth and easy tax season. This includes the issuing of tax refunds which is the aspect of tax filing that is usually of highest interest to taxpayers.

If you have filed your tax return and are anxiously awaiting your refund, you are well ahead of the game. This year, taxpayers actually have a few extra days to file their 2015 tax returns. The filing deadline has been moved ahead to Monday, April 18, 2016 (April 19, 2016 for taxpayers in in Maine and Massachusetts) due to the observation of the Washington D.C. Emancipation Day holiday on April 15th. That being said, once you or your tax preparer have filed your return, you can go to the IRS Refund app/tool on the IRS website https://www.irs.gov/Refunds to check the status of your refund. The IRS updates this site once per day, so there is no advantage to checking it constantly.

The “Where’s My Refund?” app/tool will guide you through the refund process in three easy steps:

1) Return Received – The site will let you know when your return has been officially been received by the IRS.

2) Return Approved – Most refunds are approved and sent via direct deposit unless you have requested a paper check. Once your return has been approved, the site will let you know when your refund is scheduled to arrive.

3) Refund Sent – Your refund is on its way. It usually takes about five days for direct deposits to arrive, whereas mailed refund checks can take weeks

The IRS predicts that most refunds will be issued in less than 21 days from the time the return is received. However, the process will take longer if there is a mistake, an inaccuracy, an omission of required information or the return is selected for further review. To avoid a delay in receiving your refund or even an audit, it is often best to use a professional tax preparer, especially if your return is complicated. If you have not received your refund within 21 days of e-filing (or six weeks of mailing your paper return), the “Where’s My Refund?” app/tool that will route you to direct contact with an IRS agent to get further information and assistance. Based on 2015 data which showed that the IRS processed over 109 million refunds, this streamlined refund process represents quite an accomplishment!

Trust Fund Recovery Penalty Averted!

Posted on January 25, 2016 by Kursti Nakagawa

Trust Fund Recovery Penalty Averted!

Professional Tax Resolution latest Success Story: Trust Fund Recovery and Penalty Averted. The owner of BM Corporation contacted our office shortly after receiving a subpoena from the IRS requesting all of their banking records. Unsure of how to respond to the notice and fearful of the potential consequences it might hold, they contacted Professional Tax Resolution for help. Our staff responded immediately by filing a Power of Attorney and contacting the IRS Revenue Officer. Within a matter of three weeks, we had submitted all of the company’s back payroll tax returns and completed the necessary business financial statements. In addition, our tax resolution specialists had negotiated a tax settlement agreement for payoff of Trust Fund monies which included an initial payment together with a payment plan for the remainder the back tax balance owed. All of this work was done prior to the IRS reviewing the client’s bank statements!

As frequently happens, BM Corporation had responded to a cash flow shortage by using payroll tax funds to cover the operating expenses of the business. It was this situation that resulted in them falling behind on their payroll tax obligations. Although they had planned to catch up when their financial situation improved, this had not yet happened at the time they received the IRS subpoena requesting their banking records. Because payroll taxes include amounts that have been withheld from an employee’s paycheck and are being held in trust by the employer until payroll tax payments are due, the IRS purses collection of these taxes very aggressively. Had Professional Tax Resolution not intervened in the case of BM Corporation, the company would likely have been assessed very quickly and heavily.

The tax settlement situation described above illustrates how experienced tax professionals offer a distinct advantage in dealing with the IRS. They not only know the consequences of unpaid tax balances, but they know to resolve them in the quickest and most effective way possible. In the case of BM Corporation, speedy intervention on the part of the tax specialists at Professional Tax Resolution almost certainly avoided an assessment of the Trust Fund Recovery Penalty which is equal to 100% of the back payroll tax balance owed. Not only was the penalty averted and a payment plan put in place, but it was all accomplished prior the IRS even reviewing company bank statements!

Some Critical Year-End Tax Considerations

Posted on December 9, 2015 by Kursti Nakagawa

Year-End Tax Considerations

Some Critical Year-End Tax Considerations

Very few important tax decisions have been passed down in 2015 and, with only a few weeks to go, it appears that we may move into the New Year with some important tax matters still unresolved. Some of the critical tax issues hanging in the balance as we move into 2016 are the tax extenders legislation, internet taxation and the licensing of tax preparers. All of these topics are in one stage or another of being discussed and considered by Congress but have not made it through the legislative system to be signed into law. With less than a month to go, it will be interesting to see if any of these measures are enacted before the end of the year.

One important tax measure that is on the hot seat this month is a renewal of the provisions of the bill officially titled the Tax Increase Prevention Act of 2014 (HR 5771). This bill, which included some very important bill tax breaks, officially expired on December 31, 2014. Although the Senate Finance Committee had said they would begin work on a new piece of legislation that would extend many of these provisions, they have yet to present their revisions. This means that, unless Congress acts quickly to extend these tax breaks and make them retroactive to January 1, 2015, they will not be available to individuals and businesses for the 2015 tax year. If this legislation is not extended, business will no longer have access to its 50% bonus depreciation provision or the increased expensing and investment ceiling limits of $500,000 and $2.5 million, respectively. Likewise, individual taxpayers will not be able to write off mortgage debt, deduct the premiums paid for private mortgage insurance or have the ability to use an itemized deduction for state and local sales taxes.

Another important tax issue in focus this month is the Internet Tax Freedom Act which is set to expire on December 11th. The taxing of internet access has been banned since 1997 but the law which prevents it is not a permanent one. This law, which has already been extended several times since its inception, is now set to expire this month. Although the House recently approved the Permanent Internet Tax freedom Act and the Senate followed with its version called the Internet Tax Freedom Forever Act, no further action has been taken to get this legislation signed into law.

In addition to the two tax issues outlined above, Congress is considering legislation that would require the licensing of tax preparers. After attempts by the Internal Revenue Service to require licensing failed in the court system, the Senate Finance committee agreed that they would act on the issue. Following this, member of the House of Representatives introduced a bill called the Tax Return Competency Act. However, the proposal, which is designed to help prevent tax fraud by screening individuals who provide tax preparation services, still sitting in committee. Although the IRS was hoping to have some type of legislation in place before the start of the 2016 tax season, only the time will tell whether this wish will become a reality.