May 25, 2013

Have Your Received a Letter from the IRS?


Many taxpayers would wish never to receive any letter from the IRS, as they perceive such correspondences as trouble. However, the IRS sends out millions of correspondences to taxpayers every year. These letters are for all sorts of reasons ranging from acknowledgements of receipt of a payment to information about an update in your account. Many of the letters may not even require any response from you. Therefore, if you ever receive a letter from the IRS, do not be alarmed but instead, read the letter and understand its requirements. Below are tips that will help you deal with these dreaded IRS letters:
Do Not Panic

 
When you receive the letter from the IRS, do not panic or avoid the letter as many people do. Avoiding the letter could escalate an issue that could have been easy to resolve and it could easily jeopardize your credibility with the IRS. Therefore, open the letter and find out the reason for the letter.

Understand the Purpose of the Letter

There are different types of letters that the IRS sends out to taxpayers. Each letter comes with a code and a heading that should guide you as to the type of corresponds. Some of these correspondences include:
• Collection Letters – Collection letters are sent to taxpayers who owe the IRS and require settlement of the bill. If you do not have the funds to settle the bill, you can seek alternative settlement options such as an Installment Agreement or an Offer in Compromise. On the other hand, if there is a discrepancy on the bill or if you are not clear about the amount, you can seek advice and representation from a tax professional on the issue.
• Audit Letters- Audit letters are sent to inquire about some information or documentation to support amounts included in your tax return. The IRS has secondary information sources that they compare with your tax return information and if there is a discrepancy, they will send an inquiry letter.
• Information Letters – These letters are sent for information purpose and will not require a response. They update the taxpayer of information, such as an update on change in address or name of taxpayer. The IRS will also inform you of corrections that they have made on your tax return form. If you are okay with the correction, then you need not respond, but if you do not agree with the correction, you can raise a petition.
 Respond Within Timelines
For correspondences such as collection letters that require response, it is important to give the required information within the deadline. Get professional help if unsure as information you give to the tax authority may work against you. Remember, you do have a right to representation when dealing with the IRS and can get a licensed tax professional to help you sort issued with the IRS. You should also file copies of any correspondences sent out to the IRS as part of your tax documentation.

Why You Risk an IRS Levy if You Fail to Pay Up

Many creditors will do anything to ensure they get paid, and the IRS is not an exception. In fact, the zeal with which Uncle Sam uses to ensure that all the taxpayers who owe him pay is admirable. Some defaulters can really be stubborn and the IRS, after using more “polite” means (like sending notices and reminders to pay up), turns to the more aggressive and merciless mechanism of levying.

When you are levied, your property or assets are seized by the IRS. There is a clear distinction between a levy and a lien, as the later is filed against a defaulter only to act as some form of security. While a lien will bar the owner from selling a property like a house, for example, a levy goes ahead to actually take the property to clear off a tax debt. This is however, only resorted to by the IRS as a last resort as a defaulter is granted sufficient time and chance to resolve his or her debt either through an Installment Agreement, Offer in Compromise, or in one lump sum payment.

The IRS firsts sends the initial notice and when it is not responded to, the IRS goes ahead and issues a Final Notice of Intent to Levy and the accompanying Notice of Your Right to A Hearing (levy notice). This is mainly sent via certified mail at least thirty days before the levy. The thirty days are meant to enable a taxpayer appeal against the impending levy, but if it appears that the notice has been ignored by the taxpayer, the IRS can proceed to levy your assets to clear your tax debt.

Wage Levy: The IRS can decide to take a chunk off your monthly wages after notifying your employer or certain plans’ administrator. This levied amount is not released until you have fully cleared the debt. Even though a few factors are looked into before settling on the amount to levy from your wage, you will definitely end up with far much less income than usual. A wage levy stays valid until the whole owed amount has been cleared.

Bank Levy: The IRS can also levy your bank account after sending your bank a letter with instructions on the same. A copy is sent to you as well and your bank has twenty one days to release the levied amount straight from your bank account to the IRS. A bank levy is not auto-renewed as the IRS will have to issue another bank levy if the earlier one didn’t clear the tax debt.

Property Seizure: The IRS can decide to seize and sell your property like houses, automobile, or business assets.

Levying is however, governed by some rules regarding the timing, type, and net value of assets. School books, some clothing, some annuities and pensions, unemployment benefits, service-connected disability payments, salary, wages, or income included in a judgment for court-ordered child support payments, and some types of public assistance, among others cannot be levied.

It is important to bear in mind that it is not the IRS’s wish to levy your wage, bank, or property, as it is much easier cashing a check than struggling with some remote property. You can however, reverse this decision if you hire a competent tax professional as soon as you receive the IRS notice of Intent to Levy. Don’t ignore any IRS notices and talk to the IRS on other payment methods and avoid the nasty tax levy altogether.

Why the IRS is Not Interested in Your Car

Most people develop a personal relationship with their cars and any threat to their automobiles can be seen as a deliberate attempt on their lives. The IRS is well known for doing what it deems necessary to have its levies paid, but that may not include involve your ten-year old car with a 115k mileage worth $4,000!

The IRS understands what a seizure of a car may do to you, especially if you rely on it to get to work and run personal errands, among a stream of other car-related duties. However, some people may have their properties seized if they highly provoke the taxman, like extremely failing to collaborate with the IRS. To lower the risks of facing such dire consequences and pushing the IRS to the wall, taxpayers should try to be more communicative with the IRS officers.

The chances of a car seizure are more remote unless the IRS opts to assign someone to look into the collection of a bad tax debt. The IRS would require local enforcement to look into a car seizure. This may appear impractical, since the act would immensely inconvenience the taxpayer. When the IRS resorts to seizure, it is usually interested in property seizures that would lead in some tangible recovery to them. A $4,000 worth car may not be worth the pain.

More to that, the Internal Revenue Code, section 6331 (f) prevents uneconomical levies which by extension, prohibits seizures by the IRS without recovery. Further to that, the Internal Revenues Manual 5.10.1.2 equally prohibits seizures by stating that “Seizures where the taxpayer has insufficient equity in property – there must be sufficient net proceeds from the sale to provide funds to apply to the taxpayer’s unpaid tax liabilities.”

The IRS levy is prevented by the Internal Revenue Code 6343 (a) if it creates an economic adversity. By seizing a taxpayer’s car, the IRS contravenes the code. The value of the car speaks for itself.

The Internal Revenue Service made 581 seizures, mainly composed of real and personal property in the 2009’s IRS fiscal year. A large percentage of the 581 seizures were in real estate, although, there was a smaller percentage of motor vehicles seized.

The IRS is rarely interested in a taxpayer’s car, the same way it may not be interest in the house for the stated reasons. What the IRS usually focuses on are liquid assets, like wages and bank accounts, that would see them square out their debts.

Is It Time to Hire a Tax Lawyer?

If you are in trouble with the IRS, there are several important factors to consider before choosing representation. Consider the level of involvement of the IRS in your issue thus far.

If the IRS is going to audit you because they believe your taxes were fraudulently filed, a tax lawyer will be able to advise you on what to do to avoid severe penalties of up to 75% of taxes you owe. If you owe taxes and paying them will create severe hardship for you, you may be able to enter into an Offer in Compromise agreement with the IRS which will allow you to pay less than your full debt. Although you can get an Offer in Compromise without representation, a tax attorney will be able to increase your offer’s chance for acceptance. In the event that your offer is not accepted, your attorney can advise you on your other options.

You may have a lien placed on your assets or your wages may be garnished because of failure to pay your taxes. With a lien or wage garnishment, the IRS attempts to gain back the value of the taxes you have yet to pay. A tax attorney can help you by getting the lien or wage garnishment removed. If the IRS has already audited your tax returns and determined they were fraudulently filed, a tax attorney can help you get the resulting penalties removed.

To find the best tax lawyer for your needs, do your research. Many attorneys offer free consultations, which is a great opportunity to assess whether you are compatible with that tax lawyer. It may also help to ask others who have had tax problems, and it is essential to make sure they have experience, the proper education, and are a member of the state bar.

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Will an IRS Levy Be Placed on my Car?

If you are worried about an IRS levy, chances are you do not have to worry about losing your car. Your real concern should be your liquid assets: wages and bank accounts.

However, the IRS is allowed to issue a levy on your car, but you have to give them a reason to do it. Usually, you would have to provoke this severe of an action by refusing to cooperate in a manner that the IRS views as extreme. To avoid this, you can openly communicate with an IRS officer.

If your car is not high in value, the chances of the IRS placing a levy on it are even slimmer. This is not necessarily out of the goodness of their hearts, but because of the Internal Revenue Code. The Internal Revenue Code section 6331(f) prohibits uneconomical levies. If you are driving the car you have had for years and it is only valued at $4,000, it is of little value to the IRS. However, if you have tax debt and you drive a Lamborghini, the circumstances are understandably a little different.

Additionally, consider how you use your car. You probably take it to work, take the kids to school, and go to the grocery store. The Internal Revenue Code section 6343(a) also prohibits the IRS from placing a levy on anything if it will cause you an economic hardship.

Furthermore, unless a Revenue Officer has actually contacted you, the chances that your vehicle will be seized are even lower. The IRS places the cases many people who have not paid their taxes in the IRS Automated Collection Service. In order to actually seize your car, your case will have to be more personalized and the IRS will have to contact your local law enforcement.

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IRS Bank Levy: Know Your Rights!

The first thing you should know about when you realize the IRS levied your bank account is that you have 21 days in which you can get the money bank into your account, according to the law. During this time period, your bank holds the money before giving it to the IRS, and in some cases it is possible for them to give you it back so long as the IRS agrees. You can contact the IRS to try to negotiate with them should your bank account be levied. Sometimes they will release the money upon negotiation.

You should note than when the IRS levies your bank account it is a one time deduction rather than something that is continuous (like how wage levies work). This means that if your bank takes money out of your account when the IRS has levied your bank account, you will be able to put money in the following day and it will be entirely yours – neither your bank nor the IRS can touch it.

Of course, it is possible that the IRS may levy your bank account again, but they tend to avoid doing this and don’t favour taking money from the same source over and over again, and they especially are unlikely to levy your bank account multiple times within a small timeframe.

If you find out the IRS has levied your bank account, it is very important to act quickly and to contact them as soon as possible. Time is the most important factor for getting your money back, and the 21 day window period exists for a reason – therefore you should take advantage of it.

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Act Quickly To Avoid an IRS Lien and Levy

Immediate Actions is Necessary to Avoid IRS Liens and IRS Levies

If you delay taking action after you receive a collection notice you could end up with your checking accounts, wages and assets being levied. These are some of the tactics in use by the Internal Revenue Service to get the money you owe to them. If you do take action when threatened by an Internal Revenue Service notification or if an installment plan has been withheld, you can prevent the Internal Revenue Service from doing its worst. It is no secret they intend to assert their authority even in the current weak economy.

There are lawful tools or means of stopping or delaying the collection methods of the Internal Revenue Service. Some of these methods are an Offer in Compromise, Installment Payments, ‘currently not collectible status’, proving hardship or lack of income to pay.

In the event of an existing Internal Revenue Service lien or levy on an account or property then an appeal must be filed. This will place a temporary postponement on more Internal Revenue Service action. This will usher in an opportunity for finding a suitable outcome. The longer you ignore your tax problems the longer it will take to resolve them.

A taxpayer explained that an Offer in Compromise was put forward to reduce a tax bill from $136,000 to $1,500 and to her surprise the Internal Revenue Service went on to accept her offer. Any person who is in debt for such a large sum of money to the Internal Revenue Service is going to be greatly relieved to move forward without it. For those taxpayers who are under the heavy burden of a large tax debt they can’t settle straight away and need an immediate solution there are reputable tax professionals who can get $0.11 on the dollar when making an Offer in Comprise.

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Insufficient Funds for an IRS Bank Levy

How to Deal With an IRS Bank Levy if Funds Fall Short

If the IRS goes ahead and places a levy on your bank account when there were insufficient funds to pay for it, how do they get the short fall? It is a common concern for tax payers who are struck with a bank levy by the IRS.

Your immediate concern is if the IRS would levy deposits made in the future until the levy was paid up, or if you would be allowed to deposit in the usual way in order to settle your bills.

As soon as a levy goes through the IRS procedure your deposits made in the future are not subject to it. When the bank deals with an IRS bank levy it is affixed to your account. In other words, at the time of the IRS levy, the amount held in your account is withdrawn. Any money you should put into your account the next day belongs to you and may not be levied.

You are entitled to pay your bills by means of the ongoing use of your bank account. Should the IRS want more money from you they must issue a completely new levy to withdraw money from your account. The IRS may do this but it is very rate for them to issue levies in quick succession. You must act with prudence as your account will show as active within the collection line up and this will make you vulnerable to a wage levy.

Any bank levy for IRS purposes must be held by your bank for a period of twenty days prior to handing it to the URS. You do have a specific period of time to make contact with the IRS for the purpose of negotiating a discharge of the levy to have the levied money returned to your bank account.

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IRS Bank Levies, IRS Wage Garnishments and IRS Tax Liens Guidelines

Solution to IRS Bank Levies, IRS Wage Garnishments and IRS Tax Liens

If you have outstanding taxes the IRS will make use of bank levies, tax liens and wage garnishments to get their money. You must respond to the IRS no matter how threatening. If you respond, you can halt IRS action. There are ways to protect your credit record, savings assets and salary.

If you are threatened by the IRS, the assistance of a tax professional will prove invaluable in delaying or stopping a seizure of assets.

A bank levy can involve your bank accounts and even those with your children’s names, car, life insurance loan value, commissions, house, accounts receivables, salary, rental earnings, retirement accounts, bank accounts, dividends and licenses. A notification means time is running out fast and you should request a payment plan. This will delay you having to pay.

IRS wage garnishments are tough because it leaves you with very little to live on. Around thirty to seventy percent of your salary is taken. The IRS makes this arrangement with your employer. Your employer may regard back taxes as negative and if you lose your job you still have to pay the IRS. An Offer in Compromise is an alternative to wage garnishment.

When a tax lien is filed it is made public and reflects on your credit listing. You lose the right to transfer or sell your property. You can’t get a loan by using your property as collateral. A solution may be to assign ‘currently not collectible’.

You do have the right to appeal an IRS decision. You must take action within a certain period of time. If you do you can request a Collection Appeal to counteract an IRS action due to back taxes. When this is done the Appeals Office must come to a conclusion within five days.

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Tax Relief: Recognizing a Tax Lien from a Tax Levy

The IRS collects taxes by tax lien and tax levy. You must identify and understand how the IRS files a lien and issues a levy.

Tax Lien

For the IRS to safeguard rights to your property they file a tax lien. The lien affixes to property you possess when filed and property you buy thereafter. Real estate is influenced by Federal tax lien. The lien provides the IRS with a stake in your property the same as a mortgage company.

If your property’s value is $100,000 and your mortgage is $75,000 your equity is $25,000. Prior to the filing of an IRS tax lien the $25,000 would be yours. After the filing of the lien, the $25,000 is the property of the IRS. Should you sell your property, equity at close of sale goes to the IRS.

Should the IRS file a lien there is thirty days for an appeal. It is a collection due process appeal. At time of expiry of the IRS Statute of Limitations on Collection, the lien also expires. It usually takes ten years.

Tax Levy

When the IRS wants your property, a levy is issued. Your retirement accounts, wages, accounts receivable, bank accounts and subcontractor pay can be levied. Vehicles and homes can be seized and less frequently business apparatus. The levy is more damaging than the lien. Code 6334 provides exceptions like tools of your trade, unemployment benefits, household goods and workers’ compensation.

If the IRS anticipates opposing you they must provide you with a Final Notice of Intent to Levy prior to a levy on your property. You have thirty days to lodge an appeal against the IRS’ intention. When you appeal, the IRS may not act against you until the hearing is finalized. The objective is to arrive at a decision to levy action prior to it taking place in the form of uncollectible, offer in compromise or installment agreement.

The Department of Justice must file a lawsuit opposing you before the IRS can take / seize your property. Government’s inclination is to avoid this action.

The IRS gets differing rights against you depending on a lien or a levy. A lien secures your property for the IRS and a levy seizes it. However, both benefit the IRS. You can defend a lien and prevent a levy.

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