Sometimes the IRS wants to have an in-person meeting with you. When the IRS comes around to collect, sooner or later you’re going to have to face the music. If you play games with the tax collector, the system is designed to make your life miserable. Here are some things to remember when you owe the IRS.
You have due process
The IRS can no longer simply take your bank account, your automobile, your business or garnish your wages without giving you written notice and an opportunity to challenge what the IRS claims. When you challenge the IRS, all collection activity must come to a screeching halt.
You can even take the IRS to court and they cannot collect from you until the judge issues a decision. You can literally tie the IRS’ hands for years. The IRS is not going to tell you what to do or how to protect yourself.
Don’t ignore any IRS notices
More people get into more trouble than they’ve ever bargained for because they ignore those computer-generated IRS notices. Some IRS notices are sent by certified mail. If you think you can ignore these notices by not going to the post office to pick them up, you’re mistaken. Respond to the IRS every time.
You don’t go to jail just because you can’t pay
In this country, no one goes to jail for owing taxes. You can go to jail for cheating on your taxes and you can go to jail for trying to trick the tax collector, but you can’t go to jail simply because you owe the IRS and can’t pay.
Never meet the IRS alone
IRS collection interviews are no picnic and you should have representation. Chances are you will wind up with much better results with representation accompanying you.
The IRS must explain your rights during an IRS interview
The IRS publication entitled “The IRS Collection Process,” revised in 2015, tells you that you have a right to be represented and that you have a right to be treated in a professional and courteous manner. If you do not like the way you are being treated, you can stop the interview and ask to speak with a supervisor.
The IRS can make mistakes
The IRS was recently “audited” by the General Accounting Office and it seems the IRS’s own house needs some cleaning. Often, the IRS cannot keep track of how much you owe, especially if you have been making regular payments. The IRS makes mistakes, don’t take their word for everything.
Before you go to the IRS, meet with a tax lawyer
This may be the best hour you’ve spent in a long time. The tax expert will tell you how to prepare for your collection interview, how to conduct yourself and make you aware of when the IRS revenue officer is attempting to take advantage of you. You must always remember that the IRS revenue officer’s job is to collect money for the government.
You may be an innocent spouse
Are you widowed, divorced or separated? Do you have tax problems that arose out of the actions of your former spouse? If you answered yes to any of these questions, you may be entitled to innocent spouse relief. This relief could result in the entire tax bill being written off against you. Yes, individual states also grant innocent spouse relief.
You have options when you owe the IRS
People who owe taxes, whether to the IRS or their home state, generally have several options available to them. First, if you owe and can pay in full, you should pay the taxes despite the pain. However, if you cannot pay in full, four avenues may be open to you:
Here the IRS leaves you alone temporarily. Your account will be reviewed periodically for your ability to pay. Even though the IRS will not bother you, interest continues to accrue on your account and is compounded daily.
Installment payment arrangement
Here the IRS allows you to make monthly installment payments. Ideally, the IRS wants the bill paid in full within three years. You complete a financial statement and essentially pursue a conventional bank loan. Interest continues to accrue and is compounded daily on the remaining balance.
Chapter 7 or Chapter 13 are the most common types of bankruptcy cases. There is also a chapter 12, a Chapter 11, and a chapter 9. It’s not for everyone. However, some taxes, usually income taxes, state and federal, may be dischargeable in a Chapter 7 bankruptcy proceeding. Other bankruptcy chapters allow you to pay your tax bill in monthly installments with either little or no interest at all. Bankruptcy rules are complicated. See a qualified bankruptcy attorney who understands both bankruptcy law and tax law.
Offer in compromise
This is the IRS version of “let’s make a deal”. Under certain circumstances, the IRS will accept the payment of a smaller sum as payment in full for a larger tax debt. Individual states have similar procedures. If your offer in compromise is accepted, tax liens are removed and you are given a fresh start. You should consult with an attorney who specializes in these offers. IRS tax collectors have more power than just about anyone in the federal government. They operate under very few rules. They can make your life pleasant or miserable. Most success in dealing with tax collectors comes from your communicating with them in a prompt manner.
IRS Lawyer Free Consultation
When you need legal help with an IRS debt, please call Ascent Law at (801) 676-5506 for your Free Consultation. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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