December 2009 Archives

December 24, 2009

Tax Problems

Tax Problems - Tax Problem Resolution

When tax problems occur, it can be difficult to hide from the IRS. Being familiar with these tax problems allow you to recognize them as soon as they occur. Whether you are an individual or a business entity, make sure that you are aware of these common problems regarding taxes.

Payroll taxes - 941 tax

One of the tax problems that you can encounter has something to do with the payroll system in your place of employment or company. They can vary with different underlying issues that may have caused them. Still, remember that the IRS ensures that they can collect your past due payroll tax or other taxes that you owe. Therefore, make sure that yours is filed and that you have the correct tax information.

IRS tax liens

The tax lien demonstrates that you have existing back taxes with the IRS. This is one of the tax problems that can involve your personal property like real estate. When that happens, you cannot sell or transfer its ownership if you are unable to pay all your back taxes so the tax lien can be removed. However, it can be difficult to do so because once you get a tax lien on your property, it is difficult to apply for a loan that can help you pay off your taxes.

The IRS levy

Next in the list of tax problems is the IRS levy, a drastic attempt by the IRS to get you to pay your tax debt. This is particularly difficult to handle because levies hinder you from getting the money that you usually get from various sources. Basically, having an IRS levy gives the IRS the authority to take your money from your savings or checking account if you have one. Still, the levy is only effective for a certain day and it is the bank's job to withdraw the money required by the IRS and send it to them. The IRS levy is also bothersome because it can take money from your hard earned wages, which puts your entire paycheck at risk for going to the IRS as a wage garnishment.

More tax problems

IRS seizures, unfiled tax returns, IRS tax audits, and wage garnishments are the other tax problems that you can encounter. Together with other tax-related issues, they can place great burden on your finances and your life in general. Therefore, it is important for you to keep all your tax-related documents just in case you are audited by the IRS. That way, you can give them all the information they need and prevent them from taking any action against you. Still, if you find yourself in a tight and risky situation with the IRS, you should seek professional help.

What you can do

There are things that you can do to spare yourself from being contacted by the IRS, facing legal action, or having to deal with those tax problems. For starters, consult with an EA -Enrolled Agent, an EA is a person who is authorized by the US Department of Treasury to provide help to individuals and businesses in dealing with their tax-related issues.

Start here - call Mike Habib, EA at 1-877-788-2937

Let Mike Habib deal with your tax problems. As an Enrolled Agent, you can count on him to help you solve your tax-related problems. His 16 years of experience in financial advisory and taxation allows him to work well with you and find a possible solution for your problems. All you have to do is call us here at 1-877-78-TAXES for a free consultation. You can also learn more about Mike Habib's services by exploring this website myirstaxrelief.com.

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December 21, 2009

IRS Tax Lien, How to release federal tax liens and levies

IRS Tax Lien - How to release federal tax liens and levies

Taxpayers have the right to appeal the IRS' filing of a notice of a tax lien in the public record and petition for release. If filed in error, the IRS must release the lien and state that the lien was erroneous. The request for tax relief must be based on one of the following grounds: (1) the tax liability had been satisfied before the lien was filed; (2) the assessing of the tax liability violated either the notice of deficiency procedures or the Bankruptcy Code; or (3) the limitations period for collecting the liability had expired prior to the filing of the lien.

The IRS may withdraw a tax lien before payment in full if:

(1) the filing of the lien notice was premature or not in accord with administrative procedures;

(2) the taxpayer has entered into an agreement to satisfy the tax liability;

(3) withdrawal of the lien notice would facilitate the collection of the tax liability; or

(4) the withdrawal of the lien notice would be in the best interest of the taxpayer and the government.

The withdrawal of a notice of tax lien does not affect the underlying tax lien; rather, the withdrawal simply relinquishes any lien priority the IRS had obtained when the tax lien notice was filed.

The IRS is required to release a levy if:

(1) the underlying tax liability is satisfied or becomes unenforceable due to lapse of time;

(2) the IRS determines that the release of the tax levy will facilitate the collection of the tax debt;

(3) a satisfactory installment payment agreement has been executed by the taxpayer with respect to the tax liability;

(4) the IRS agrees that the levy is creating a financial hardship; or

(5) the fair market value of the property exceeds the tax liability, and the partial release of the IRS levy would not hinder the collection of tax.

In addition, a taxpayer may request that the IRS sell the levied property.

The IRS has been given authority to return property that has been levied upon if:

(1) the tax levy was premature or not in accordance with the IRS administrative procedure;

(2) the taxpayer has entered into an installment agreement to satisfy the tax liability, unless the agreement provides otherwise;

(3) the return of the property will facilitate collection of the tax liability; or

(4) with the consent of the taxpayer, the return of the property would be in the best interests of the taxpayer and the government.

Property is returned in the same manner as if the property had been wrongfully levied upon, except that the taxpayer is not entitled to interest.

A taxpayer may bring a suit in federal district court if an IRS employee knowingly or negligently fails to release a tax lien on the taxpayer's property after receiving written notice from the taxpayer of the IRS's failure to release the lien. The taxpayer may recover actual economic damages plus the costs of the action. Injuries such as inconvenience, emotional distress, and loss of reputation are not compensable damages unless they result in actual economic harm. Costs of the action that may be recovered are limited generally to certain court costs and do not include administrative costs or attorney's fees, although attorney's fees may be recoverable under Code Sec. 7430. A two-year statute of limitations, measured from the date on which the cause of action accrued, applies.

Third-Party Owners. A third-party owner of property against which a federal tax lien has been filed may obtain a certificate of discharge with respect to the lien on such property. The certificate is issued if (1) the third-party owner deposits with the IRS an amount of money equal to the value of the government's interest in the property as determined by the IRS or (2) the third-party owner posts a bond covering the government's interest in the property in a form acceptable by the IRS.

A third-party owner who is a co-owner of property with the taxpayer against whom the underlying tax was assessed may no longer be automatically barred from obtaining a certificate of discharge with respect to a lien on the property. Applicable to requests to obtain a discharge after January 31, 2008, third-party owners may request the discharge of a tax lien on property that they own with the person whose tax liability gave rise to the tax lien.

If the IRS determines that (1) the liability to which the tax lien relates can be satisfied from other sources or (2) the value of the government's interest in the property is less than the IRS's prior determination of the government's interest in the property, then the IRS will refund (with interest) the amount deposited and release the bond applicable to such property. Within 120 days after a certificate of discharge is issued, the third-party owner may file a civil action against the United States in a federal district court for a determination of whether the government's interest in the property (if any) has less value than that determined by the IRS.

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Stop wage garnishment, IRS Tax Levy, release IRS levies and release federal tax liens in the following states, counties, and metro cities, Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington D.C.. West Virginia Wisconsin Wyoming. AL AK AZ AR CA CO CT DE DC FL GA HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY New York, Los Angeles, Orange County, Riverside, San Bernardino, San Francisco, Ventura, Lancaster, Palmdale, Santa Barbara, Chicago, Washington D. C., Silicon Valley, Philadelphia, Boston, Detroit, Dallas, Houston, Atlanta, Miami, Seattle, Phoenix, Minneapolis, Cleveland, San Diego, St Louis, Denver, San Juan, Tampa, Pittsburgh, Portland, Cincinnati, Sacramento, Kansas City, Milwaukee, Orlando, Indianapolis, San Antonio, Norfolk & VB, Las Vegas, Columbus, Charlotte, New Orleans, Salt Lake City, Greensboro, Austin, Nashville, Providence, Raleigh, Hartford, Buffalo, Memphis, West Palm Beach, Jacksonville, Rochester, Grand Rapids, Reno, Oklahoma City, Louisville, Richmond, Greenville, Dayton, Fresno, Birmingham, Honolulu, Albany, Tucson, Tulsa, Tempe, Syracuse, Omaha, Albuquerque, Knoxville, El Paso, Bakersfield, Allentown, Harrisburg, Scranton, Toledo, Baton Rouge, Youngstown, Springfield, Sarasota, Little Rock, Orlando, McAllen, Stockton, Charleston, Wichita, Mobile, Columbia, Colorado Springs, Fort Wayne, Daytona Beach, Lakeland, Johnson City, Lexington, Augusta, Melbourne, Lancaster, Chattanooga, Des Moines, Kalamazoo, Lansing, Modesto, Fort Myers, Jackson, Boise, Billings, Madison, Spokane, Montgomery, and Pensacola

December 17, 2009

IRS enforcement figures

Table 16. Delinquent Collection Activities, Fiscal Years 2005-2008

[Money amounts are in thousands of dollars.]

Activity

2005

2006

2007

2008

(1)

(2)

(3)

(4)

Returns filed with additional tax due:

Total amount collected [1]

[r] 27,615,348

[r] 29,172,915

[r] 31,952,399

28,465,648

Taxpayer delinquent accounts (thousands):

Number in beginning inventory

5,981

6,478

7,074

8,240

Number of new accounts

5,870

6,100

7,146

7,099

Number of accounts closed

5,373

5,504

5,980

6,107

Ending inventory:

Number

6,478

7,074

8,240

9,232

Balance of assessed tax, penalties, and interest [2]

57,594,901

69,555,590

83,488,988

94,357,717

Returns not filed timely:

Delinquent return activity:

Net amount assessed [3]

22,765,462

23,305,535

30,287,802

24,888,918

Amount collected with delinquent returns

3,584,255

3,905,764

3,968,163

3,773,528

Taxpayer delinquency investigations (thousands) [4]:

Number in beginning inventory

3,022

3,658

3,874

3,732

Number of new investigations

2,558

2,373

2,587

1,972

Number of investigations closed

1,922

2,157

2,729

2,271

Number in ending inventory

3,658

3,874

3,732

3,433

Offers in compromise (thousands) [5]:

Number of offers received

74

59

46

44

Number of offers accepted

19

15

12

11

Amount of offers accepted

325,640

283,746

228,975

200,103

Enforcement activity:

Number of notices of Federal tax liens filed

522,887

629,813

683,659

768,168

Number of notices of levy served on third parties

2,743,577

3,742,276

3,757,190

2,631,038

Number of seizures

512

590

676

610

[r]--Revised.

[1] Includes previously unpaid taxes on returns filed plus assessed and accrued penalties and interest. For Fiscal Year 2008, includes a total of $37,254,116 (dollars) collected by private debt collection agencies.

[2] Includes assessed penalties and interest but excludes any accrued penalties and interest. Assessed penalties and interest--usually determined simultaneously with the unpaid balance of tax--are computed on the unpaid balance of tax from the due date of the return to the date of assessment. Penalties and interest continue to accrue (accrued penalties and interest) after the date of assessment until the taxpayer's balance is paid in full.

[3] Net assessment of tax, penalty, and interest amounts (less prepaid credits, withholding, and estimated tax payments) on delinquent tax returns secured by Collection activity.

[4] A delinquency investigation is opened when a taxpayer does not respond to an IRS notice of a delinquent return.

[5] An offer in compromise (OIC) is a binding agreement between a taxpayer and the IRS that settles the taxpayer's tax liabilities for less than the full amount owed. An OIC will not be accepted if the IRS believes the liability can be paid in full as a lump sum or through a payment agreement.

NOTES: Detail may not add to totals because of rounding. All amounts are in current dollars.

SOURCE: Small Business/Self-Employed, Collection Planning and Analysis, Collection National Reports SE:S:C:PA:CNR