Tax Relief Blog

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Tax Return Preparation
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Do you owe 941 employment and payroll back taxes?

The answer is:

Yes the IRS take a lien out on property for payroll taxes.

Under IRC §6321, the federal government can encumber property with a general tax lien. Generally, this lien can be used to encumber any property that the taxpayer owns (this is generally determined under state law). A tax lien will be imposed on a taxpayer when he neglects or fails to pay taxes after demand by the government.

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About 1.1% of taxpayers are selected for a tax audit each year. The IRS examines tax returns to verify that the tax reported is correct. Some of those people are selected randomly, others have items on their returns which raise a red flag and trigger the audit. Whichever category you fall into, you should know your rights, know what to expect, and know that you are entitled to be represented by a tax professional that can assist you with every aspect of the audit.

Upon receiving a letter informing you of the audit, you’ll be required to phone within 10 days to acknowledge the letter and schedule an appointment. It’s important that you do this in a timely fashion. Within the letter, or during that call, you will be advised on what items are being called into question. Depending upon your ability to obtain the supporting documentation, you will make an appointment with the IRS auditing agent. You may choose to have representation before you make that appointment, because a tax specialist will advise you of the time frame you’ll need to prepare for the meeting and in most cases you do not have to appear, your representative, power of attorney, would handle the audit for you.

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Generally, the statute of limitation for collection expires 10 years after the date the tax was assessed (for tax assessed after November 5, 1990). For tax assessed before November 5, 1990, the statute of limitation for collection is six years. This period may be extended by an agreement between the taxpayer and IRS. In addition, there are numerous circumstances which suspend the running of the statute of limitation for some period of time. For example, the statute of limitation is suspended during the 90-day period after the issuance of a Notice of Deficiency and for an additional 60 days thereafter.

Note: The IRS does not necessarily have to collect the tax during this period, but does have to take collection action (e.g., levy or begin court proceedings) before this time has expired.

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The IRS may seize all property and rights to property (except for exempt property), whether the property is real or personal, tangible or intangible, belonging to any taxpayer who neglects or refuses to pay back taxes, or any property on which there is a tax lien for payment of any tax.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 1-877-788-2937 or email us to schedule an appointment.

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If you are contacted by the IRS, they usually send you a notice to call, or pay an unpaid tax amount. Most taxpayers are confused as to what the notice is for, or what does it really mean.

This article will clarify the most common notices received by taxpayers needing back tax help.

Some of the Individual CP notices the IRS sends are:
• CP09, Earned Income Credit You May Be Entitled To From IRS: Informs the recipient that, based on information reported on the tax return, he or she may qualify to take the Earned Income Credit.
• CP10, Changes to Tax Return, Reduced Amount Applied to Next Year’s Estimated Tax:Informs the recipient of one or more changes made to his or her individual income tax return. The changes resulted in a reduced amount being applied to the following year’s estimated tax.

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Did you buy a new home in Los Angeles, Whittier, Norwalk, Santa Fe Springs, Downey, Pico Rivera, Montebello, Hacienda Heights, La Habra Heights, West Covina, La Habra, Brea, Fullerton, Yorba Linda, Cerritos, La Mirada, Lakewood, Anaheim, Santa Ana, Long Beach, Compton, Torrance, Los Angeles, Pasadena, Beverly Hills, Santa Monica and throughout Los Angeles County, Orange County, Corona, San Bernardino County, Riverside County, the Inland Empire, the San Fernando Valley and the San Gabriel Valley.

If you’re a homeowner, Uncle Sam has thrown you a tax shelter that’s beyond compare. You may deduct the mortgage interest paid on your annual tax return and deduct the property taxes on your Schedule A. If you don’t currently own a home, this tax benefit is significant enough to make you look seriously at home ownership.

Get professional tax preparation help. Our firm prepares, plan and represents taxpayers regarding all tax matters..

Please call us at 562-204-6700 or email us to schedule an appointment.

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Do you owe the IRS unpaid back taxes? Have they sent you many letters but you did not respond?

There are still options.

CDP – Collection due process.

If the time to respond to an IRS collection notice has passed, you, the taxpayer, or your power of attorney / representative, may file a request for an equivalent hearing if you failed to make a timely request for a Collection Due Process (CDP) hearing (after receiving a Notice and Opportunity for Hearing upon Filing of Notice of a Federal Tax Lien or a Notice and Opportunity for Hearing Prior to Levy). The equivalent hearing will be held by the Appeals Office and will follow the procedures that are used for CDP hearings.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 562-204-6700 or email us to schedule an appointment.

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A tax lien is a type of claim against property that secures the payment of a tax debt. A Federal Tax Lien is a non-consensual lien that gives the IRS an interest in the taxpayer’s property (this interest will allow the IRS to seize and sell the taxpayer’s property in order to satisfy an assessment). Under §6321, the tax lien is imposed in favor of the United States Treasury when an assessment has been made by the IRS, a notice and demand for payment has been made, and the taxpayer has neglected or refused to pay the assessment. Under §6322, the IRS tax lien arises at the time the assessment was made.

The lien attaches to all property and rights to property belonging to the taxpayer at the time the lien arises as well as any property acquired after the lien arises. The IRS files a Notice of Federal Tax Lien to put the taxpayer’s other creditors on notice that the IRS has a claim against all of the taxpayer’s property. The IRS lien continues until liability for the assessment is satisfied by payment or abatement, or the assessment becomes unenforceable by reason of lapse of time.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 562-204-6700 or email us to schedule an appointment.

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Are you a business owner or an officer facing a 941 payroll or employment tax problem?

Unpaid payroll or employment tax is a serious tax matter, and the IRS holds the business owner, officers and other personnel as responsible person(s) and actively enforce aggressive collection measures to collect on the unpaid back taxes, penalties and interest.

For the IRS to excuse the penalty for failing to file, the taxpayer must show that such failure was due to reasonable cause. A taxpayer can show reasonable cause by proving that he or she “exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time” (see Reg. §301.6651-1(c)(1)). This standard is objective and will be determined by analyzing all the facts and circumstances.

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