IRS Problems Solved

IRS Problems

If you owe back taxes to the IRS, it is almost certain that you have received certified letters from them. Unfortunately, the threatening IRS collection letters are only the beginning of an IRS tax problem. When IRS problems get this far, you probably need tax help.

From IRS tax liens to bank levies to wage garnishments to outright closure of your business, or seizure of your home, the IRS has a number of powerful tax collection tools that could destroy your family’s finances. However, we are here to help minimize the devastating effects of IRS’ enforced tax collections.

You can ask any tax question for a free tax consultation at 408-727-5001. Our tax consultants have saved millions in taxes, penalties and interest for our clients. We can help you settle your back taxes, release your levy, save your home or business and end your IRS tax problem. We will gladly answer your questions and explain your options.

Offer in Compromise :

The Offer in Compromise program allows taxpayers to settle their IRS taxes for less, or often much less than you owe (or what the IRS claims you owe.)

Internal Revenue Code authorizes the IRS, to accept less than full amount of tax liability owed in any IRS civil or criminal case arising under the tax laws prior to the case's referral to the Department of Justice. For an Offer in Compromise to be accepted, the taxpayer must establish to the satisfaction of the IRS that the taxpayer either: has no means of paying the tax, or does not actually owe the tax.

The IRS will accept an Offer in Compromise when it is unlikely that the tax liability can be collected in full and the amount of the IRS Offer in Compromise reasonably reflects collection potential. An Offer in Compromise is a legitimate alternative to declaring a case as currently not collectible, or to a protracted installment agreement. The goal is to achieve collection of what is potentially collectible at the earliest possible time and at the least cost to the government.

IRS Tax Liens:

The IRS has the power to collect back taxes by levying on taxpayers' property as a result of a Tax Lien. When a person owes back taxes, the IRS gains a federal tax lien on all that person's assets after meeting certain statutory requirements. The IRS tax lien attaches to all rights, title and interest of the taxpayer. Once the IRS has a tax lien on all of a taxpayer's assets, the IRS may enforce that tax lien by administratively levying his or her assets.

An IRS tax lien is filed by the government to protect its interests. Recorded with one or several county recorders, a tax lien basically tells the world that you owe back taxes to the IRS, and is generally devastating to the taxpayer's credit. IRS tax lien makes it very difficult to obtain credit or to sell real estate.

The effect of the Federal Tax Lien statute is that when any person fails to pay any assessment of tax, plus interest, penalties, or costs, a tax lien in favor of the IRS arises upon all property and rights to property, whether real or personal, tangible or intangible, belonging to the taxpayer. Even if the taxpayer makes partial payment, a tax lien will arise for the balance of the tax.

Wage Garnishment and IRS Levy:

Wage garnishment and IRS Levy stays in effect until the tax is fully paid or until the IRS agrees to release garnishment. IRS frequently uses garnishment to collect taxes owed through your employer. Once the IRS garnishment is filed, the employer is required to collect a percentage of each paycheck. Wage garnishment requires that a large percentage of taxpayer's wages be turned over directly to the IRS.

The amount that the IRS can keep from any wage garnishment is based on your marital status and number of dependents. Basically the IRS keeps most of the money from garnishment. The amount of your income that is exempt from an IRS wage garnishment is figured by adding the standard deduction you can claim on your taxes and the amount you can claim for exemptions, divided by 52. A family of three subject to a wage garnishment will only be allowed to keep about $325 per week.

Filing Late Tax Returns:

Many taxpayers do not file IRS tax returns because they do not have the money to pay the balance due on the tax return. Our tax consultants strongly believe that in most circumstances, filing the missing IRS tax returns is in the best interest of the client. Although there are numerous reasons for timely filing of the IRS tax returns, the IRS can impose a penalty of up to 25% of the tax due on a late tax return.

IRS Payroll Taxes & Trust Fund Recovery Penalty:

Congress enacted the Trust Fund Recovery Penalty Statute to encourage prompt payment of withheld and other collected payroll taxes by allowing the IRS to assert a liability against responsible third parties [IRC 6672]. The amount of the penalty imposed by the statute for failure to comply with its provisions is measured by the payroll taxes required to be collected or collected and not paid over. That is why the liability is referred to as a "100% Penalty". The IRS penalties is civil in nature, not criminal.

IRS PENALTIES:

The IRS penalizes millions of taxpayers each year. They have so many penalties that it's hard to understand which penalty they are hitting you with. The most common penalties are: Failure to File and Failure to Pay. Both of these penalties can substantially increase the amount you owe the IRS in a very short period of time. To make matters worse the IRS charges you interest on penalties.

Many taxpayers often find out about IRS problems many years after they have occurred. This causes the amount owed to the IRS to be substantially greater due to penalties and interest.

Some IRS penalties can be as high as 75%-100% of the original taxes owed. Often taxpayers can afford to pay the taxes owed; however, the extra penalties make it impossible to pay off the entire balance.

The original goal of IRS imposing penalties was to punish taxpayers to keep them in line. Unfortunately they have turned into additional sources of income for the IRS. The IRS does abate penalties. Therefore before you pay the IRS any penalty amounts, you may want to consider requesting the IRS to abate your penalties.

Tax Bankruptcy:

Tax Bankruptcy or Discharging Back Taxes in Bankruptcy is often the last resort for dealing with delinquent tax bills. Generally, all income taxes, both Federal and State taxes may be discharged in bankruptcy if they are old enough. There are two basic types of tax bankruptcy available to average taxpayer to discharge delinquent taxes: liquidation under Chapter 7 and wage earner plans under Chapter 13. In Chapter 7 all of bankrupt taxpayer's assets and liabilities are marshaled. All assets, except certain exempt assets are liquidated and paid to creditors in the order specified by the bankruptcy code. To the extent non-exempt assets are insufficient to pay all creditors, most of the unpaid debts are forgiven; i.e., they are discharged.