IRS Warning About Companies That Promise To Reduce Tax Debt – For a Large Fee

Posted on February 4, 2011 by Kursti Nakagawa

The IRS Wants You to Check Carefully Before Applying for an Offer in Compromise

The Internal Revenue Service has issued a consumer alert advising taxpayers to beware of tax settlement agencies that claim they can settle an outstanding tax debt for a small fraction of the amount owed through the through filing an application for an offer in compromise. While it is true that the IRS has the authority to settle federal tax liabilities for less than the full amount of the tax debt, the offer in compromise serves an important purpose for only a very select group of taxpayers. Commissioner Mark W. Everson recently warned consumers that the IRS is “increasingly concerned about unscrupulous promoters charging excessive fees to taxpayers who have no chance of meeting the program’s requirements.” He urged taxpayers with unresolved tax debt issues not to be fooled by high priced promises.

The bottom line is that if a tax settlement promise seems too easy and too good to be true, then it probably is. There are a few large marketing companies in the United States that are trying to take advantage of taxpayers who are faced with the very real, and very scary prospects of tax liens and wage garnishments. By preying upon those taxpayers in need through advertisements that promise enormous tax relief, they are not only misleading the public, but they end up costing those very vulnerable individuals time and money without ever really addressing the specifics of their tax debt. This is not to say that all tax settlement companies are unscrupulous, but the issue has become rampant enough that the IRS felt they needed to warn the public about this alarming practice.

The truth is that an offer in compromise will usually be considered only after other payment options have been exhausted. If a taxpayer is unable to pay their tax debt in full, there are other settlement options, such as monthly installment agreements, that must be explored before an offer in compromise can even be submitted. In actuality, tax settlements for very low proportions of tax debt are far more infrequent than the advertisements lead the consumer to believe and 100% tax relief is even less common.

Complete information on the tax collection process and various tax settlement and payment options is available on the IRS website (www.irs.gov). By reading through the agreement request qualifications provided on the site, the taxpayer may be able to determine if they qualify for a particular tax settlement option or payment plan. The website itself provides detailed instructions for submitting an offer in compromise and also includes all of the necessary financial forms. Of course, the many laws and regulations regarding the offer in compromise as well as other tax settlement options can be overwhelming so obtaining the help of a knowledgeable and qualified professional is often a worthwhile investment.

A qualified certified public accountant is probably the most desirable choice when seeking professional help with a tax debt issue. A CPA is the most likely professional to have a current knowledge of tax law and a thorough understanding of the policies and procedures of the IRS. An individual with this certification will also have the expertise and the experience to determine the true tax debt and to select the best method of tax relief for a specific set of circumstances. In order to locate a CPA in a specific geographical area, a taxpayer should contact the local or state tax professional association. Before actually hiring a CPA, it might also be a good idea to run a background check on the individual and also to verify their current licensure with the state certification agency and the Better Business Bureau. If references or referrals are available, it is a good idea to review these as well.

At Professional Tax Resolution, we welcome your inquiries and questions. We encourage you to read reviews from our clients as well as click our direct link to our rating with the BBB and the state licensure division. To learn more about how we can help you to remove tax liens, stop a wage garnishment, or find tax debt relief, call us today at (949) 596-4143 for your free no obligation consultation.

Understanding The Three Settlement Types for an Offer in Compromise

Posted on January 31, 2011 by Kursti Nakagawa

The Offer in Compromise is a specific tax relief option made available by the IRS through which a taxpayer offers the IRS a certain amount of money in exchange for which the IRS agrees to cancel the taxpayer’s outstanding tax debt. While it is an effective tax settlement option for a very specific group of taxpayers, the Offer in Compromise definitely does not represent a blanket solution for anyone with an outstanding tax liability. The acceptance criteria are very explicit and, since many applications are submitted that do not meet the published IRS guidelines, the rejection rate is high. When considering filing an application for an IRS Offer in Compromise it is important, not only to understand the specific qualifying criteria, but also to be familiar with the available settlement alternatives.

There are three payment options available for an IRS Offer in Compromise. An application requesting any one of the three payment plans requires a $150 application fee (unless the taxpayer submitting the application qualifies for a low income waiver or is submitting the application for the reason that he or she doubts they actually owe the outstanding tax debt). All three tax settlement options require an initial payment (unless the taxpayer qualifies for a low income waiver) followed by a lump sum or a specific set of scheduled installments. The plans vary as to the calculation of the settlement amount, the amount of the initial payment, the number of periodic payments and the time period over which those payments will be made.

The three settlement alternatives for an Offer in Compromise are summarized below:

1) Lump Sum Cash Payment
• Generally requires a 20% payment upon the filing of the application with the balance paid within five months of acceptance. Low income taxpayers may be exempt from the initial payment requirement.

2) Short Term Periodic Payment
• Payments are made in monthly installments with the balance being paid in full within 24 months of the IRS receiving the Offer in Compromise. Taxpayers must generally make the proposed monthly payments while the IRS considers the offer unless they qualify for the low income waiver.

3) Deferred Periodic Payment
• Payments are made in monthly installments with the balance being paid in full in 25 months or more but within the statutory collection period. Taxpayers must generally make the proposed monthly payments while the IRS considers the offer unless they qualify for the low income waiver.

The flexibility of the settlement alternatives available for an Offer in Compromise makes it a viable and effective tax relief alternative for taxpayers with varying financial situations. However, since the Offer in Compromise involves a settlement for an amount less than what the taxpayer actually owes, it can be difficult to obtain. The IRS will carefully review the available assets and income of the taxpayer and the taxpayer’s ability to pay the original tax debt. During the review of a submitted Offer in Compromise by the IRS, all other collection activity will stop. The job of a qualified tax resolution firm is to assist in demonstrating a taxpayer’s inability to pay the full amount of his or her tax debt and to prove that it is in the best interest of the IRS to accept an offer for less than the full amount.

When selecting this tax relief option and the accompanying payment plan, the taxpayer should be well aware that it is an official contract with the IRS and comes with a specific set of financial responsibilities. If an individual entering into an Offer in Compromise fails to comply with any of the contractual provisions set forth in the agreement, the IRS will probably revoke the contract and reinstate the full amount of the original tax debt.

The Offer in Compromise is one of numerous tax relief options open to a taxpayer who may be facing an impending tax lien, tax levy or wage garnishment due to a large outstanding tax debt. For help in determining whether your tax debt situation meets the acceptance criteria for an Offer in Compromise and whether it is the best tax settlement option for your specific needs, contact an experienced tax professional at www.professionaltaxresolution.com.

Another Tax Settlement Option – A Partial Payment Installment Agreement

Posted on January 26, 2011 by Kursti Nakagawa

Due to the current economic climate, more taxpayers are finding themselves with significant outstanding tax debt. Many taxpayers owe both the Internal Revenue Service and their state (or states) for multiple years. Some taxpayers are simply overwhelmed by the numerous IRS Notices and Letters from the IRS that they receive. In actuality, there are numerous ways to resolve outstanding tax liabilities. However many taxpayers chose the worst choice of action; which is to do nothing. Taxpayers that simply do not respond to attempts to collect outstanding debts debt find themselves the subject of increasingly more aggressive collection efforts by the IRS and State tax agencies. Eventually the IRS and State tax agencies will resort to filing tax levies and tax liens on bank accounts and properties or start a wage garnishment in attempt to collect the outstanding tax debt. Unfortunately due to the amount of time that has passed since the initial notice, many taxpayers are shocked to find that the balances owed may have increased by 50% or more due to the various penalties and interest assessed.

A fairly new and less used IRS tax settlement option is the Partial Payment Installment Agreement. The IRS implemented this additional payment option, on January 17, 2005, specifically for taxpayers who have outstanding federal tax debt. The legislation includes language amending Internal Revenue Code and allows the IRS to enter into installment agreements that result in full or partial payment of the tax debt. What is so different is that prior to enactment of this 2004/2005 legislation, taxpayers who could not fully pay their outstanding tax liabilities could only enter into an installment agreement with the IRS for full payment of the liability. For those with limited monthly cash flow, this left some unable to meet the repayment plan criterion and put them at risk for default.

For those with an inability to pay the full balance of a tax debt, prior to the partial payment installment agreement, the only option to settle a tax debt was the Offer in Compromise. The process of submitting an offer in compromise is generally more involved than the partial payment installment agreement. Of course both tax settlement options are carefully reviewed by the IRS and acceptance is limited to taxpayers that can clearly demonstrate the inability to settle tax liabilities in full.

Taxpayers who are being considered for a partial payment installment agreement to settle an outstanding tax debt must be able to provide complete and accurate financial information that will be carefully reviewed and verified. Taxpayers will also be expected to use equity in assets to reduce or fully pay the amount of the outstanding tax debt liability.

In addition, taxpayers granted partial payment installment agreements will be subject to a complete financial review every two years. As a result of this review, the amount of the installment payments could increase or the agreement could be terminated, if the taxpayer’s financial condition improves.

While the partial payment installment agreement has drawbacks, it does provide taxpayers with another tax settlement option. A qualified tax settlement firm can help you evaluate your specific situation and present you with your options to revolve your outstanding tax debt.

Visit www.professionaltaxresolution.com for more information about the qualifications for tax debt relief through a partial payment installment agreement or other tax settlement options.

In these economic times being considered “Currently Not Collectible” is not complete freedom from tax debt, but it can provide some tax relief.

Posted on January 17, 2011 by Kursti Nakagawa

It is no secret that Americans have been facing difficult times. At Professional Tax Resolution Inc., we have found that more taxpayers than ever are finding themselves with significant tax debts that are so large they are very difficult or even impossible to pay.

For some people a monthly tax settlement payment can create a hardship by leaving them unable to meet their necessary living expenses. In other words, tax settlement payment is just beyond their financial means. If this is the case, the IRS may classify the tax debt as “currently not collectible”. While more and more people find themselves living on less and less, getting the IRS to classify a taxpayer as “currently not collectible” is often difficult particularly without professional guidance. It should be noted that even if you obtain this classification, this status is that it is NOT a permanent designation and it may only temporarily provide to relief to the taxpayer. The fact is that a “currently not collectible” status continues to accrue penalties and interest on outstanding tax debt liabilities.

When tax debt continues to accumulate, the IRS can become more and more aggressive about collection attempts regardless of your ability to pay. At Professional Tax Resolution Inc., we are often contacted by taxpayers after they have received intent to file a tax levy from the IRS. Usually the tax debt that results in a tax Levy is accumulated from multiple years and includes a significant amount of penalties and interest.

One of the more common ways Tax debt results is from not filing returns. In these situations, the IRS may do a substitute return that only considers income and does not give credit for deductions for which the taxpayer is likely eligible. When the IRS substitutes your returns for you, it can result in an overstatement of the tax debt. How is this related to a tax levy or “currently not collectible” status? When the IRS moves to impose a tax levy, the unfilled returns can be a significant obstacle in halting the collection efforts. So, even if you can demonstrate you have a clear economic hardship caused by the tax levy, in most cases the IRS will not even consider a resolution alternatives until all returns are filed. If you have not filed your tax returns and a tax levy is imposed, you may be caught in a chicken and egg situation. It can be difficult to obtain expense and other records form past years leaving you unable to prepare outstanding tax returns in time to halt the filing of the tax levy.

A court case addressed this how these very issues interact. In Vinatieri v. Commissioner, a taxpayer faced both financial hardship and aggressive collection efforts by the IRS. In this case the Tax Court held that the IRS abused its discretion by proposing a tax levy upon a taxpayer with un-filed returns who had shown that they were in economic hardship. In other words, the taxpayer was in an economic situation that might have qualified them as “currently not collectible”, yet the IRS abused its discretion by imposing a tax levy without regard to their financial ability to pay at the time.

Unfortunately despite the ruling, IRS procedures for placing an account into “currently not collectible” status remain unclear. The net result is that a number of tax levies are being impressed upon people who are in such dire financial situations that they should be at least temporarily be ineligible from such collection actions.

There is some hope that the growing issue will finally be addressed. The national taxpayer advocate service has recently recommended that the IRS provide its employees with clear guidance that employees are able to classify an account as “currently not collectible” independent of any other criteria and even when the taxpayers has unfilled tax returns. The TAS has also recommended that the IRS provide its employees with additional training on how to manage accounts for taxpayers facing an economic hardship.

While the IRS may overtime become more accommodating to those in dire financial circumstance, the best advice for those with tax debt is to take action immediately. The effects of a tax levy, wage garnishment or other collection method can be devastating to a taxpayer that is already struggling financially. Don’t let years of interest and penalties continue to accumulate. Call us now and let us help you to evaluate your tax debt resolution options. яндекс