Wage Garnishment Process

If you have back taxes from unfiled or late tax returns, you could be subject to wage garnishment. Under IRS wage garnishment, 70% or more of your wages can be legally seized by the federal government to pay your back taxes. If you do not respond to IRS notices about your back taxes, the IRS can contact your employer to withhold a percentage of your wages—your salary, tips, commissions, or bonuses—to be sent to the directly to the IRS. If you a business owner and your employee is facing wage garnishment, you must comply with the IRS, or you will be liable for the amount of wages that the IRS was to collect. The majority of your assets can be legally seized by the IRS if you fail to respond to repeated notices and demands for payment or settlement of back taxes owed to the IRS.

When would I be subject to IRS wage garnishments? By the time you receive an IRS intent to levy (legal property seizure to satisfy a tax debt), you should have already received multiple IRS letters and possibly phone calls regarding your unpaid taxes.  When these attempts to reach you go unanswered, the IRS will send a “Final Notice of intent to Levy.” Thirty days after you receive this notice, the IRS can start collections. They will analyze your financial status and determine the quickest way to be paid for your tax debt, which is usually wage garnishment. There are three requirements that IRS must pass before your wages can be garnished: 1)  the IRS must have assessed your tax liability and demanded that you pay it, 2) you have not paid the taxes that were demanded and you have not reached some other agreement with the IRS, 3) the IRS has sent the “Final Notice of Intent to Levy,” and it has been 30 days since you received it.

What should I do if I am facing wage garnishment? The best way to avoid wage garnishment is to pay your taxes on time. If you are financially unable to pay off your taxes in full, it is recommended that you have a tax specialist help you to come to an agreement with the IRS to pay in installments, or come up with a payment plan. A tax expert can also help you determine if the amount owed on the wage garnishment is accurate, or if the IRS has made a mistake. If you did not file taxes and the IRS completed a substitute return, the return they prepared will not likely have covered the deductions that are available to you. The IRS would rather come to agreement with you than bear the costs of imposing IRS wage garnishments or another IRS levy.

A licensed tax professional will be familiar with all of the tax settlement alternatives available and can be invaluable asset to a taxpayer who is the subject of collection attempts by the IRS. If you have failed to meet tax filing deadlines or have an unresolved tax liability like wage garnishment, our experienced tax professionals can help you become tax compliant. For more information about our tax settlement services, visit professionaltaxresolution.com. The members of our staff have a thorough understanding of tax law together with the experience to know which tax settlement option will most effectively resolve your specific back tax issues. Contact us today at 877-889-6527 or info@protaxres.com to receive a free, no obligation consultation.

 

Tax Penalties: What is Failure to Pay?

A tax penalty is assessed when a taxpayer fails to meet a tax filing deadline or fails to make a tax payment when it is due. The IRS and State Tax Agencies impose such penalties as a method of encouraging taxpayers to meet their tax obligations. Both the Failure to File Penalty and the Failure to Pay Penalty must be announced through formal written notification from the IRS or State Tax Agency. The written notice must state the reason the tax penalty is being assessed and must also include a full explanation of how it has been calculated. Because tax penalty notices are computer generated and often include errors, it is important for a taxpayer to verify that the reported tax penalty amounts are accurate before making payment.

With the economic climate what it is today, many taxpayers owe taxes that they are unable to pay. A taxpayer who is faced with this situation should be well aware that the worst response is to ignore the problem and hope that it will go away. The financial consequences of disregarding tax deadlines and tax payments accumulate rapidly over time and more drastic measures are eventually imposed when a tax debt is ignored. A taxpayer’s best approach is to always comply with tax filing deadlines to make tax payments when they are due. When sufficient funds are not available to pay the full amount of the debt, the taxpayer should make full use of one of the many tax settlement options offered by the collecting tax agency.

The Consequences of Not Paying Your Tax Bill 

  • When no tax return has been filed, the IRS or State Tax Agency has the authority create a Substitute for Return. This document is an educated guess as to how much a taxpayer owes based on information from other sources. Since the Substitute for Return does not include deductions and exemptions to which the taxpayer may be entitled, the estimated tax liability shown is usually greater than what is actually owed.
  • A taxpayer who fails to file a tax return can be assessed a Failure to File Penalty of 5% of the amount of tax due for each month that the return is overdue up to a maximum of 25% of the amount owed. In addition, although it is seldom invoked, a taxpayer who fails to file a tax return can be charged with a misdemeanor which can carry a fine of up to $25,000 and a one year prison term.
  • When a tax return has been filed but there is an outstanding tax amount due, a taxpayer can be assessed a monthly Failure to Pay Penalty of between 0.25% and 1.0% of outstanding tax balance. The Failure to Pay Penalty, which is normally set at 0.5 % per month, is assessed from the date the tax return was originally due until the full balance of the tax amount is paid or a tax settlement agreement has been negotiated with the collecting tax agency.
  • When tax penalties and interest are allowed to accumulate over time, the result is often a tax debt that is much more formidable than the original amount owed. In addition, the IRS or State Tax Agency will eventually resort to more aggressive techniques such as levies, liens, and wage garnishments when an outstanding tax obligation is left unresolved. These more drastic actions can have a lasting affect on a taxpayer’s credit rating and overall financial well-being.

If you have been assessed a tax penalty for failure to file a tax return or failure to pay a tax debt, we can help you determine whether the assessed tax penalty is accurate. Our experienced tax settlement professionals will carefully examine previously filed returns and file missing and amended returns when necessary. By identifying available tax benefits that have not been utilized, this process alone can often result in a significant reduction in the tax amount owed. If there is an outstanding tax liability, we can help you resolve it. For more information about our tax debt resolution services, visit us today at professionaltaxresolution.com. Contact us by phone at (877)-889-6527 or by email at info@protaxres.com to receive a free, no obligation consultation. 

3 Ways to Start Eliminating Your Tax Debt

If you have a large IRS tax debt, the amount you owe can be daunting. To avoid being charged additional fees and making the debt larger, it is important to act and begin the tax settlement process quickly. Even if you cannot pay it off all at once, there are options you can pursue to eliminate your tax debt. Here are three methods that can help you to settle or eliminate your tax debts.

Offer in Compromise It is possible to reach a tax settlement with the IRS that is less than the full amount you owe. This plan is called an Offer in Compromise. Although filing an Offer in Compromise can be time consuming and complicated because the qualifications are very specific, this is a powerful option because it allows for the resolution of all your outstanding tax balances at the same time, plus the suspension of collection activities while your offer is being considered.

Installment Agreements An Installment Agreement is a payment plan that is negotiated with the IRS or a State Tax Agency. Instead of paying one lump sum, the taxpayer agrees to pay a tax debt over a specified period of time. The terms of an agreement will be contingent on the tax liability amount and the taxpayer’s current and projected financial status (income and assets).

Uncollectible Status If you do not have sufficient income or assets to pay your tax debt, you may be eligible for the temporary designation of Uncollectible. If you have been granted this status, all collection activity stops until your situation is reevaluated, and the IRS determines that you have the ability to pay your debt. This can give you more time to work on paying off your debt without accruing additional fees and penalties.

Since the IRS prefers to receive the full amount of tax debt that you owe, they may not give you the best advice when you are seeking to use one of the tax debt elimination options above. A licensed tax professional can negotiate with the IRS on your behalf and help you to get reach the best possible tax settlement based on your situation.

If you need help with an outstanding tax debt, our experienced tax settlement professionals can help. We can also work with you if you need help filing your taxes. Please visit professionaltaxresolution.com for more information on our tax resolution services. You may also call us at (877) 889-6527 or email info@protaxres.com to receive a free, no obligation consultation.

IRS Collection Financial Standards

Are you delinquent on your taxes and can’t afford to pay your tax debt? The IRS released updated Collection Financial Standards on April 2, 2012, to help with calculating delinquent tax repayment of federal taxes. These standards help to define a taxpayer’s ability to pay a tax liability.

Standards include the following four categories of allowable living expenses:

Food, clothing, and other items Food, apparel and services, housekeeping supplies, personal care products and services, and miscellaneous (either living expenses that are not included in the former categories, or expenses in the former categories that exceed the standards)

Out-of-pocket health care expenses In addition to what is paid for health insurance, this includes medical services, prescription drugs, and medical supplies (such as vision care items like glasses and contacts)

Housing and utilities Rent or mortgage, property taxes, insurance, interest, and utilities such as gas, electric, water, garbage collection, landline and cellular phone, internet, and cable; calculated as a local standard according county US Census, American Community Survey, and BLS data, also takes into account how many persons are in the household

Transportation Monthly loan or lease payments as well as operating costs including maintenance, repairs, insurance, fuel, registration, licenses, inspections, parking, and tolls; public transportation alone or in combination with vehicle ownership; calculated as a local standard

The six-year rule for repayment of tax liability allows for payment of living expenses exceeding the Collection Financial Standards and other expenses like minimum payments on student loans and credit cards, as long as the liability can be paid in full within six years. This includes paying off the penalties and interest.

If you need help with delinquent taxes or have an unresolved tax liability, our tax resolution professionals can provide the tax settlement help you need. Visit professionaltaxresolution.com for more information about our tax settlement services. Our staff has the experience and expertise necessary to know which tax settlement option will most effectively resolve your specific back tax issues.  Contact us today at (877) 596-4143 or info@protaxres.com to receive a free, no obligation consultation. 

Tips for Taxes on Frequent Flier Miles

Did you know that you could be taxed on your frequent flier miles? That’s what thousands of Citibank customers learned when they received a 1099-MISC from Citi, which reported their miles as income to the IRS. These miles would have to be reported on their tax  returns, or they could risk getting a notice from the IRS.

Understandably, some customers who were notified that 30,000 miles was considered $750 of income were furious and shocked that the bonus miles they earned from signing  up for a Citibank credit card could be taxable. Some even asked to have miles canceled and were told by Citibank that they should have asked before the end of 2011, even though customers were not aware of this tax liability until they received the form.

Frequent flier miles can be categorized in a six ways, but here is what it boils down to: rebates (not taxable), promotions (taxable), or prizes (taxable). Rebates aren’t taxable because they are seen as a purchase price reduction. However, promotions, such as those bonus miles for signing up for a card, and prizes, such as winning free miles from a sweepstakes, are considered income.

The IRS hasn’t given definitive rulings outlining how frequent flier miles should be treated, but here are some general guidelines from industry experts:

  • Miles earned from travel are considered a rebate.
  • Miles earned from purchases on a credit card are considered a rebate.
  • Miles earned from business travel are not taxable according to a 2002 IRS ruling.
  • Miles earned from opening a credit can be considered a taxable promotion.  However, some credit card companies consider it a rebate since there are spending requirements or annual fees associated with signing up.
  • Miles awarded for deposits to a mutual fund can be considered a promotion. While there is no definitive law, private-letter rulings have been found declaring that these miles are taxable.
  • Miles awarded from a sweepstakes are a taxable prize. Some winners have actually rejected their miles so they wouldn’t have to pay the taxes on them.

If you receive a tax form, it is very important to make sure that you take it into account when you are filing taxes, because this income has been reported to the IRS. Failure to do so could lead to tax debt, back taxes with interest, and penalties.

It can be confusing when you receive a surprise tax form. If you want to avoid mistakes while filing your return, or you have already filed and need an amended return, the tax professionals at professionaltaxresolution.com can help with your tax settlement. They have the expertise to help you navigate the intricacies of tax laws and regulations. If you need help with tax resolution, contact us at (877)-889-6527 or email info@protaxres.com to receive a free, no obligation consultation.