Solutions
You must not have the ability to borrow the money to pay the IRS; for example by mortgaging your home.
You must not have adequate equity in your retirement account from which you can draw funds for example IRA or 401K accounts.
The specific payment plan that applies in your case may be determined by telephone with the Automated Collection System (ACS) OR with an IRS
officer in person. Who you negotiate with is determined by the amount
of total tax liability involved. The IRS will not explain that! Beware!
Monthly payments may be large and during the entire payment period the
outstanding balance may be increasing due to added penalties and
interest.
Penalty Abatement
Is it possible to have my penalties completely or partially forgiven?
Yes, it is possible to have 100% of your penalties forgiven or removed, however, you must have a good reason. Requesting the IRS to abate
penalties differs on a case by case basis.
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Audit Reconsideration
What can I do if I don’t feel I
received a fair audit?
Although it is a little know fact there are many situations in which a
taxpayer may qualify for audit reconsideration. You will be given an
opportunity to have the original audit changed if the IRS agrees to reconsider.
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Appeals
Can I as a taxpayer appeal an IRS decision?
Yes, a taxpayer may appeal by filing certain paperwork. This puts the
IRS on notice that the taxpayer disagrees with a particular decision.
The appeal must be filed in a timely and correct manner to prevent
important taxpayer rights from being lost. If the appeal is filed
incorrectly, the taxpayer may lose the right to present their side of the story to the Appeals division of the IRS.
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Offers in Compromise
What will I do if the amount I owe the IRS is so large that I could never possibly pay it off?
Don’t worry….. be happy! There is hope! This program offers taxpayers
the chance to get a fresh start. An offer amount is determined based
upon the taxpayer’s inability to pay. The IRS considers current
financial situations, the ability to pay, and equity in assets among
other things. If you qualify, you can save thousands of dollars in
taxes as well as penalties and interest.
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Collection Appeals
Can I appeal the IRS’ decision for an IRS levy or seizure?
You may file a collection appeal in writing before the IRS follows through on their levy or seizure. This one page form will be reviewed
by an appeals officer who will make a determination within five days.
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Expiration of Statue of Limitations
Can I get out of paying just because these debts to the IRS are really old?
Yes, in certain circumstances. From the date of assessment, the IRS has 10 years to collect on tax liability. After this date the taxpayer can
notify the IRS that this date has passed and owe nothing. If the
taxpayer is correct, the IRS will be forced to write off these tax
liabilities. Beware! There are many exceptions to this rule!
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Innocent Spouse
Can I get out of paying for taxes my
spouse or former spouse owes? I didn’t know he/she wasn’t mailing the
returns after I signed them.
The IRS recognizes this does occur and has developed guidelines by
which a person may qualify as an innocent spouse. Should you qualify
you may not be subject to tax liabilities, penalties and interest
incurred by your spouse or former spouse.
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Bankruptcy
Why don’t I just file bankruptcy and get the IRS off my back that way?
In some cases this might work, but the taxpayer’s income tax liability must qualify. Many taxpayers file bankruptcy without fully
understanding what part of their debt to the IRS qualifies for
discharge. Don’t feel bad, most bankruptcy lawyers don’t understand
this either! A common result is that qualifying taxes are not discharged in the bankruptcy.
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Freedom of Information requests
How would I know when and how my IRS problems started? The Freedom of Information Act was passed by Congress requiring
government agencies to disclose information when requested. We can
obtain this information on a taxpayer’s behalf to better understand the
whole problem and devise a solution.
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