IRS Targets International Businesses

Posted on August 10, 2016 by Kursti Nakagawa

Over the last few years, the IRS has faced many dramatic cutbacks which have caused them to decrease their services and drastically reduce the actual number of IRS employees. However, in spite of the downsizing, the agency is determined to collect the money they are owed, especially that owed by larger taxpayers. They have responded to slashes in the number of staff members by focusing most of their efforts and resources on going after the big guns while sweeping up any other delinquent IRS taxpayers they can find along the way. Using this creative approach, they hope to recover a large portion of the millions and billions of dollars that are dishonestly and fraudulently withheld from the IRS.

One of the changes recently announced by the IRS in response to the cutbacks is a focus on auditing businesses in the international division, which are some of the nation's largest taxpayers. This is part of their overall plan to spend most of their time and energy focusing on the larger tax issues which will potentially bring in more tax dollars. The agency is currently keeping their eye on such questionable international business transactions as the basket option, which is a cleverly designed tax loophole whereby foreign banks are enlisted by hedge funds for the purpose of converting short term capital gains to long term gains in order to avoid the payment of higher short term capital gains rates. Since the short term capital gains rate is 39.6% compared to 20% for long term gains, practices such as basket option contracts result in a significant loss of tax revenue for the IRS. Therefore, such practices as this as well as other items on the IRS list referred to as the “dirty dozen” are being targeted by the IRS.

This is all part of a new plan by the IRS to kick into high gear programs designed to get the most money possible from delinquent taxpayers. A key component of this plan is improving the audit process. In the case of auditing companies involved in international transactions, the IRS must obtain enough detailed information and data to build a strong case against the taxpayer. The IRS agents going after these particular businesses have gone through a type of advanced IRS training that instructs them in how to obtain this necessary documentation. These new examination agents will conduct and resolve audits on a national level which is an overall change to IRS system and one which will affect any taxpayer selected for an IRS audit. As a result, taxpayers, especially those who own large companies or are operating internationally, would be well advised to stay on their toes. This means keeping all business related documentation and operating under the advice of an attorney or other tax professional who is experienced in the area of international tax law. The IRS is hunkering down on the big players that owe them money!

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 Debt May Result in Loss of Passport

Posted on February 29, 2016 by Kursti Nakagawa

Tax Debt May Result in Loss of Passport

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.

Do Not Ignore Mail from the IRS….

Posted on June 17, 2014 by Kursti Nakagawa

Ignoring Communication from the IRS Brings Serious Consequences

Why You Should Not Ignore Mail from the IRS – Although the issuance of an IRS Notice of Deficiency is usually the first step in the collection of an outstanding tax liability, ignoring it can have serious consequences. The Notice of Deficiency is an official communication from the IRS informing a taxpayer that the tax amount due shown on their tax return is less than the amount owed according to the calculations of the IRS. Because the IRS is allowed to collect a tax debt without proof that the debt exists, a taxpayer who receives an IRS Notice of Deficiency must either pay the tax liability shown on the notice or file a petition with the United States Tax Court contesting the tax amount owed. The burden of proof rests with the taxpayer.

A Notice of Deficiency is a formal written communication from the IRS. It is sent by certified or registered mail to a taxpayer’s last address of record for the purpose of announcing a tax deficiency. It must include an explanation of the deficiency together with a statement of the total amount of taxes, interest and penalties that have been assessed. In addition, the Notice of Deficiency informs the receiving taxpayer of their appeal rights with the United States Tax Court and states the cutoff date for filing an appeal. Although a IRS Notice of Deficiency is most often sent when there is a discrepancy between IRS calculations and the tax amount due shown a on a tax return, it can also be sent when no tax return has been filed.

A taxpayer must respond to a Notice of Deficiency within 90 days from the date it was mailed or within 150 days if it was mailed to an address outside of the United States. The taxpayer must either pay the assessed tax liability or to file an appeal with the United States Tax Court. Once the appeal deadline has passed, the appeal process is closed and the IRS has the authority to collect the tax amount owed. At this point, the IRS is likely to issue a Notice of Intent to Levy. The Notice of Intent to Levy allows a response time of 30 days (which is not required if the IRS determines that collection of the tax debt is in jeopardy), after which a taxpayer’s property can be seized to cover their tax debt. A taxpayer’s only option once the 90 day appeal deadline has passed is to pay the tax balance owed and apply for a refund, although even this action may not stop the collection process once it is set in motion!

Because tax law is complex and receiving an official communication from the IRS can be intimidating and sometimes confusing, it may be advisable for a taxpayer to enlist the services if a qualified tax professional before responding to a Notice of Deficiency. A CPA or Enrolled Agent will be able to determine whether the tax amount shown on the Notice of Deficiency is accurate and will be able to communicate effectively with the IRS on the taxpayer’s behalf.

If you have received an IRS Notice of Deficiency, a Notice of Intent to Levy or have been officially warned of an impending tax lien or wage garnishment, we can help you stop the immediate collection activity and work toward resolving your tax debt. Visit www.professionaltaxresolution.com to learn more about full range of tax settlement services. Contact us today at (949) 596-4143 or email us at info@protaxres.com to receive a free, no obligation consultation and get the tax relief you deserve.

Foreign Banks Take Advantage of Tax Amnesty Offer

Posted on January 27, 2014 by Kursti Nakagawa

Foreign Banks Take Advantage of Tax Amnesty Offer

Foreign Banks Take Advantage of Tax Amnesty Offer: In its latest attempt to tackle the problem of offshore tax evasion, the United States Department of Justice offered Swiss banks that are not currently under criminal investigation the chance to apply for tax amnesty. Banks that chose to accept the offer were given until December 31^st to turn over information on any undeclared foreign accounts and to provide information as to how they helped United States citizens hide their foreign assets. A recent report indicated that over one third of the 300 banks that were extended this recent amnesty option have accepted the terms and agreed to cooperate.

Under the terms of this latest tax amnesty program, foreign banks must pay penalties equal to a certain percentage of the value of their undisclosed American accounts in order to avoid prosecution. This percentage is determined by when the undisclosed accounts were opened and is highest for those accounts opened after the 2009 prosecution of UBS. The fines range from 20 percent of the value of undisclosed assets for those accounts opened before August, 2008 up to 50 % for those opened after February, 2009. While the Swiss government is critical of these steeply escalating percentages, it has apparently encouraged banks to cooperate.

The crackdown on offshore tax evasion increased in intensity after the 2009 conviction of UBS, the largest Swiss bank, for hiding over $20 billion dollars in United States assets. As part of this conviction, UBS paid a penalty of over $700 million and turned over in excess of 4000 foreign accounts. In addition, 100 United States taxpayers and financial advisers were criminally prosecuted while over 30,000 others avoided prosecution by disclosing their offshore accounts and paying the back taxes and penalties associated with the disclosures. Since that time, the Unites States Department of Justice has allocated more and more resources to identifying offshore assets and penalizing those institutions and individuals who attempt to hide them. This latest tax amnesty offer is part of that ongoing effort.

If you have questions about the reporting of assets held in foreign accounts or about a tax debt you are unable to pay, our tax settlement professionals are happy to discuss your situation free of charge. For more information about our services, call us today at 877.889.6527 or visit us at www.professionaltaxresolution.com. With over 16 years in the business of resolving tax problems, we have a thorough understanding of both domestic and foreign tax law tax together with the experience to know how to apply that knowledge to your specific financial situation.

IRS Levy – Must Follow Legal Guidelines

Posted on August 9, 2012 by Kursti Nakagawa

A tax levy is the confiscation of a taxpayer’s property for the purpose of covering a tax debt. It is one of the final steps taken by the IRS in the enforced collection of back taxes and is usually carried out only after all previous attempts to collect a tax debt have failed. Before the IRS seizes a taxpayer’s property, it must follow a set legal procedure outlined in the Internal Revenue Manual. This procedure begins with the issuing of two formal written notices, the official Notice of Tax Due and Demand for Payment and the Final Notice of Intent to Levy. The second notice also informs the taxpayer of their right to a hearing. Once this communication process has been completed, the IRS can seize the levied assets without further notification.

With certain specific exceptions, the IRS can seize one or more of a taxpayer’s physical assets. The physical assets that are exempt from an IRS levy include the taxpayer’s principal residence or any property other than a rental property that is used as a residence by another person. This exception can be overruled with written approval of the federal district court judge to cover a tax debt in excess of $5000. Other categories of physical property exempt from an IRS levy include furniture and personal effects up to a fixed dollar amount and any property used in a taxpayer’s trade or business unless the levy is approved by an IRS Director. The IRS also has the authority to levy such non-physical assets as wages, insurance policies, retirement accounts, dividends and bank accounts although, again, there are certain specific exemptions. The list of exemptions in this category includes workers’ compensation, unemployment benefits, some annuity and pension payments, certain types of Social Security benefits, disability and welfare payments, judgments in support of minor children and certain wages and other income.

Although the levy process is specifically outlined in the Internal Revenue Manual, a recent review of a random sample of property seizures conducted by the Treasury General for Tax Administration revealed that, in some instances, the IRS did not comply with the stated process. A review of 50 out of 747 property seizures conducted in the twelve month period from June 30, 2010 to July 1, 2011 uncovered fourteen instances where the IRS did not comply with the Tax Code. The infractions included not properly advertising the seized property, not correctly stating the amount of the liability on the seizure notice, incorrectly applying the proceeds from the seizure to the taxpayer’s account and incorrectly reporting information related to the seizure of the property to the taxpayer. In response to these findings, The Internal Revenue agreed to revise their Internal Revenue Manual to prevent further errors.

If you have received an IRS Notice of Tax Due and Demand for Payment or an IRS Notice of Intent to Levy, you should realize that confiscation of your property is imminent. Often the most effective response at this point is to enlist the help of a qualified tax settlement professional. Such an individual will understand tax law and will have experience negotiating with the IRS. If you are the target of a tax levy or any other type of aggressive collection activity by the IRS, our experienced tax professionals can help you stop the impending collection activity and resolve the tax debt issue that caused it.

For more information about our tax debt resolution services, visit us today at www.professionaltaxresolution.com. Contact us by phone at (877)-889-6527 to receive a free, no obligation consultation.