IRS has announced that beginning this month, it will start to send letters to notify “a relatively small group of individuals” with overdue federal tax that their accounts have been assigned to one of four private collection agencies (PCAs). The assignments were authorized by legislation enacted in 2014.
Dealing with tax debt is stressful, especially because of the aggressive methods IRS tends to employ for collecting the taxes owed to the government.
These range from assessing multiple penalties on late payments, levying your bank accounts, garnishing your wages and sending an IRS Revenue Officer to padlock your business, to forcing your employer to sign into wage garnishments and deducting a sizable percentage of your pay the IRS.
IRS Small Business/Self-Employed Division memorandum, Calculation of Reasonable Collection Potential in Certain Offers in Compromise Cases (Apr. 28, 2016)
IRS’s Small Business/Self-Employed Division (SB/SE) has instructed its Collection employees not to reject offers in compromise (OICs) by persons in the Cannabis / marijuana business, in states where marijuana sales are legal, merely on public policy grounds.
Offer in Compromise— OICs. Code Sec. 7122(a) authorizes IRS to compromise a taxpayer’s income tax liability. Code Sec. 7122(d)(1) gives IRS wide discretion to accept compromise offers and to prescribe guidelines “to determine whether an offer-in-compromise is adequate and should be accepted.” IRS will consider an OIC where: (1) the taxpayer is unable to pay the tax; (2) there is doubt as to the taxpayer’s liability for the tax; or (3) a compromise would promote effective tax administration because collection of the full amount of tax would cause economic hardship for the taxpayer, or compelling public policy or equity considerations provide a sufficient basis for compromising the liability. (Reg. § 301.7122-1(b)) There is doubt as to collectibility “in any case where the taxpayer’s assets and income are less than the full amount of the liability.” (Reg. § 301.7122-1(b)(2))
Owe unpaid back taxes, penalties and interest? Wondering what type of help is available?
If you cannot pay your entire tax debt, then a negotiated tax settlement, OIC – offer in compromise would be a great option for you. This allows you to resolve your tax matter and pay less than the entire amount owed. OIC gives you a fresh start, it’s a viable alternative when you are unable to pay your complete tax liability because of your financial hardship.
When a taxpayer decides to resolve and pay back the owed amount using any one of the IRS payment programs/filings/settlements, it is called a tax settlement. Internal Revenue Service or IRS offers a tax settlement if the concerned taxpayer is struggling to pay back the tax debts or if there is a valid reason to nullify the penalties. In fact, the IRS offers more than one way for taxpayers to settle their tax debts. While the debate about whether you will get a settlement or not depends upon your financial situation, the type of settlement you will be allowed to opt for is dependent on the severity of your monetary and financial situation / troubles. Even though the IRS prefers that every individual or business pays his/her taxes completely, they can make some exceptions if the situation arises.
The trust fund recovery penalty (TFRP) can be applied to any responsible person who willfully fails to collect or pay trust fund taxes. The penalty amount is equal to the total amount of the tax that was not paid, up to the full amount. This is why it is sometimes known as the 100% penalty. The penalty is separate from the tax and the employer’s liability for such taxes.
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If you haven’t paid back taxes, penalties, or interest – you may be able to work with us to apply for an Offer in Compromise (OIC) with the IRS in order to get compliant, alleviate your issues with the IRS collectors, and move forward. An OIC is an agreement to settle your tax liabilities for less than the full amount owed. The good news is that it may be easier than you think. In the spring of 2012 the IRS modified their offer in compromise guidelines, in an effort to work with struggling taxpayers, making it much more favorable to the taxpayer.
Offer in Compromise
Often we feel a strange sense of desperation creeping in to our body, mind and soul that turns into a full scale panic attack. The reason…tax debts. It is not an uncommon fact; you are one of the millions of people each year who find that they owe taxes to the IRS. Tax professionals when asked for advice suggest “Offer-in-Compromise” as one of the ways to get relief from the taxes that one owes to the IRS.
HOW TO GET TAX DEBT RELIEF
One of the most inevitable and obligatory duty and yet most disliked one, of the American citizens is paying taxes. Even though it is disliked by many, refusal and negligence in doing so can be held accountable; in the harshest manner. Taxes are unavoidable. Period. They have to be paid. Turning a blind eye to pay taxes and filing income tax returns, is why the problem of taxes arises. If such problem arises, running from pillar to post will not help you. You will need a solid professional help in tackling tax debts. It is then people will most likely need a tax debt relief.
Mike Habib is not a tax attorney, but a Circular 230 licensed tax professional. What does this mean for you? Mike is a professionally licensed EA Enrolled Agent with the IRS who has over 20 years of working in the financial and tax field. There are several ways to handle your tax issues. The best way is to set an appointment and allow our office to review your situation to see what the law allows us to do. The absolute worst thing you can do is to ignore your tax issue.