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Written by Scott Allen

Can the IRS file a lien in Arizona when I am in Appeals?

IRS file a Lien in Arizona?

If the IRS files a tax lien in Arizona, you have the right to ask for a collection due process hearing before Appeals, to give your reasons why a tax lien should be filed. So to have a lien filed when you are in appeals really should not occur. If it does, it is usually a matter of timing. If you request to have your tax matter go to Appeals after the 30 day grace period to file an appeal, it is likely the IRS will filed a tax lien even though you decided to go to appeals after the 30 day grace period. It is only if you file a request to have your tax dispute reconsidered at appeals within the 30 grace period that a tax lien should not have been filed.

Nonetheless, if a tax lien has been filed and your case is in Appeals, when it comes time to plead your cause, if you are successful, it would also be prudent to ask them to release the tax lien in Arizona that was filed.

Scott Allen E. A

Tax Debt Advisors, Inc

www.irshelpblog.com

 

BACK TAX RETURNS, IRS Problems
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Regular Post
Written by Scott Allen

Can I adjust my monthly payment plan with the IRS?

Monthly Payment Plan with the IRS

The answer is yes.  If you want to send in more, just send the addition amount you want to  send.  The IRS will always accept more and will not adjust your monthly requirement just because you start paying more.  However, remember that no matter how much you send in, you still have to pay the minimal amount due each month.  You do not build up any “credit” towards future payments by sending in more.

If you situation has changed and you want to lower your monthly payment plan with the IRS commitment.  That is possible too, but it will require a “strategic default.”  Before you default on making your payment, you should have a good idea what your new monthly amount the IRS will expect.  We advise our clients what their new amount will be ahead of the strategic default.  When the default notice comes, we are prepared ahead of time to immediately call the IRS and renegotiate a new payment plan before any levy action is taken against our client’s wages or bank accounts.

There are probably other strategies that you are unaware of that can reduce you monthly payment plan even lower that what you are seeking.  If you do not have medical insurance or need a new vehicle you can get your payment plan reduced and improve you living standards as well.  If you need help to reduce your monthly payment plan with the IRS, call me for a consultation at 480-926-9300.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

IRS Problems, IRS Tax Payment Plan, Tax Debt
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Regular Post
Written by Scott Allen

Can the IRS file a lien on a home in Gilbert Arizona I own jointly with a friend?

Lien on a home in Gilbert Arizona?

Yes, as long as your name is on the title the IRS can and will file a tax lien on a home in Gilbert Arizona for the full amount of the taxes you owe.  The only time this will become a problem is if you decide to sell the house before the amount of taxes owed are paid.  The IRS is not interested to taking what is rightfully owned by someone else and unless the IRS is notified of the situation ahead of the sale, any amount left over after the mortgage is paid will go to the IRS.

If you find yourself in this situation and want to keep your friendship in tact, call me to see what should be done to make sure the IRS only takes your portion of the gain on the sale of the home. Don’t let the IRS put a lien on a home in Gilbert Arizona without you knowing about it first.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

IRS Problems, IRS Tax lien problems
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Regular Post
Written by Scott Allen

What is the effect of an Arizona IRS lien filed in the wrong county?

Arizona IRS lien filed wrong

An Arizona IRS lien filed the wrong county is not valid against any property you own in another county.  However, any IRS tax lien whether it is filed in the right or wrong county will be picked up by the credit bureaus and lower your credit score.

If at a later date you decide to purchase property in the county where the tax lien was incorrectly filed, the tax lien will automatically attach to property acquired after the filing of the tax lien.  IRS tax liens have a statute of limitations of ten years.   Call me if you have any questions regarding a tax lien filed in the wrong or right county at 480-926-9300.  Thank you.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopirsaction.com

 

IRS Appeals, IRS Problems, IRS Tax lien problems
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Regular Post
Written by Scott Allen

TAX DEBT ADVISORS INC – Does the IRS accept a divorce decree on who is responsible for the payment of taxes?

Tax Debt Advisors Inc Mesa

Here is a typical scenario. The husband is self-employed and never paid any taxes on jointly filed tax returns. The divorce decree says that the husband is responsible for paying all the back taxes. The IRS is coming after the wife. Will the divorce decree stop IRS action against the wife?

First, if you are an innocent spouse you might first seek relief under the innocent spouse relief rules. The IRS will consider factors like your knowledge of the unpaid taxes, spousal abuse claims and whether you received some benefit from the unpaid taxes.

Second, the divorce decree does not limit the IRS from taking action against you. When you signed a jointly filed tax return you accepted responsibility for the accuracy of the return and payment of the taxes owed.

Third, if your signature was forged or you signed the return under fraud or duress, the IRS will convert your joint liability to married filing separately. You will be responsible for paying taxes only on your income.

Fourth, you have several options available to settle with the IRS if you are held responsible for the taxes owed on the jointly filed return. These include: filing for discharge of taxes due with a bankruptcy, an offer in compromise, qualifying for non collectible status or the statute of limitations on collection.

Scott Allen E. A.

Tax Debt Advisors Inc Mesa

www.taxdebtadvisorsinc.com

 

BACK TAX RETURNS, IRS Problems, Tax Preparation
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STOPIRSACTION.COM – Can the IRS take my money if my spouse is the one who owes the IRS?

stopIRSaction.com Mesa Arizona Help

The IRS will never take money from a spouse who is not liable for the taxes owed.  However, if you are married and your spouse has income, more of your money will be considered available for payment to the IRS.

Many clients come in who find out that their spouse owes on taxes prior to their marriage.  The IRS will not hold the new spouse responsible for any taxes due prior to the marriage.  The IRS will not take any separate assets like real estate or vehicles.  If you owe the IRS and the innocent spouse puts your name on the title of any property, the IRS can pursue the property for taxes owed.

Sometimes the spouse owing taxes will quickly change title into the name of the new spouse or some other family member.  The IRS will be able to void out the transfer unless the asset was transferred for fair market value.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopirsaction.com

 

IRS Problems, IRS Tax Audits, IRS Tax lien problems
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Regular Post
Written by Scott Allen

taxdebtadvisors.com in Mesa Arizona – Can Interest and Penalties on IRS debt really be reduced?

TaxDebtAdvisors.com

The short answer is: rarely.

It is common to hear IRS Relief ads claim that they can reduce interest and penalties on your IRS debt.  It is easy for clients to believe this claim since interest and penalties often exceed the amount of the actual tax debt.

But because it is possible in very limited situations, unscrupulous companies will give the impression that they know how to do something that no one else knows about or is able to do.  This is probably the most common myth that clients, seeking a second opinion, share with us.  When we point out the situations that do apply to penalty and interest abatement, it is obvious that the prospective client is not a candidate for that type of tax relief.

In simple terms, unless it was a mistake by the IRS against you that was incorrect, or you were prevented from filing or paying because of something beyond your control, such as your house being blown off it’s foundation, along with your tax records from Hurricane Katrina, or being called up for combat in the military or some similar situation you will not be a candidate for penalty or interest abatement.  In the situations mentioned you would only be considered for penalty abatement but not interest abatement.  In other words, every penalty abatement case is unique and is handled case by case for the IRS to consider.

Scott Allen E. A.

Tax Debt Advisors, Inc in Mesa Arizona

www.taxdebtadvisors.com

 

IRS Levy, IRS Problems, Tax Attorney Arizona
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taxdebtadvisors.com – What will get the IRS off my back?

I need the IRS off my back

The IRS will leave you alone when the following has occurred:

1)      You prove that you have insufficient equity in any real or personal property.  If you have no equity in your car or home the IRS isn’t interested in taking it from you.

2)      If you are on a payment plan and current on your payments the IRS will stay off your back.

3)      If you are appealing an IRS decision, collection action will cease until a decision has be made by the Appeals Office.

4)      If you have filed an offer in compromise that is deemed processible, the IRS will leave you alone.

5)      If you have filed an innocent spouse claim, collection ceases as long as it is pending.

6)      If you file a bankruptcy, collection action stops until your bankruptcy is over.

7)      If you are classified as currently not collectible, collection action stops as long as you maintain that status.

Don’t just assume that you have no acceptable settlement options once you have been contacted by the IRS.  We can assess quickly what options are available to you and even more important, get you that settlement with the IRS.  Scott Allen EA is here in Mesa Arizona to represent you.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

IRS Problems, Tax Debt, Tax Levy
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Regular Post
Written by Scott Allen

taxdebtadvisors.com – IRS Myths…

Mesa AZ Help With IRS Myths

Many clients in Mesa AZ come in with strange ideas about what the IRS can and will do to them once they “catch up with them.”  Most of the information has come from  friends, family and work associates that are just passing on myths that they were told.

Two of the most common questions:

Am I going to be thrown in jail?  Over 99% of the clients we meet with are negligent not criminal.  Their tax problems are more like bad parking tickets not a hit and run.  As long as you are willing to file back tax returns and agree to a settlement on what you can pay on the back taxes and agree to pay your taxes in the future, the problem goes from a terrible crisis to something you can manage.  Close to 30% of our clients qualify to make no payment on their historical tax liability if they stay current on their filings and payments in the future.

Are they going to take my house or car?  The IRS wants money not assets.  If you are living in an expensive home, the IRS will allow you time to put the house up for sale and downsize into a reasonably priced home.  With the current housing crisis the IRS has extended the time from six months to a year and now they are agreeing to give even more time if the taxpayers are staying current on their taxes.

You cannot control what happens in life.  Most clients were faithful taxpayers until a death, divorce, illness, or a business failure put them in a situation where they could not pay their taxes.  Even the IRS understands that this happens.  The IRS is less tolerant with the failure to file tax returns.  The IRS primarily punishes because you don’t file, not because you don’t pay.  The penalty for failing to file is 5% per month, while the penalty for failing to pay is only ½% per month.  So it is initially ten times more expensive to not file than it is to not pay.

The reality is that most clients are surprised at the results we get.  Mostly because their imagination is mixed with a lot of Mesa AZ IRS myths that create a paranoid attitude towards what the government actually expects.  Why not come in and find out today what the your options are.  I have heard many clients say, “If I had know it was going to be this easy, I would have come in long ago.”

Scott Allen E. A.

www.taxdebtadvisors.com

 

BACK TAX RETURNS, IRS help by city, IRS Problems
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taxdebtadvisors.com – What is a Collection Due Process Appeal?

The Collection Due Process Appeal is to provide you with a fair and impartial review of your IRS matter.  If you are unable to reach an acceptable agreement with a revenue officer on your tax debt, a Collection Due Process Appeal should be considered in every case. 

 Here is a summary of the benefits  of  a Collection Due Process Appeal: 

1)      An IRS Appeals Officer has more leeway and is easier to have a meeting of the minds with than a Collections representative.

2)      Appeals Officers are trained to get the dispute settled.  Collection representatives are basically bill collectors.

3)      Working with an Appeals Officer face to face gets better results than talking with someone on the phone from the Automated Collection System (ACS).  Frankly many ACS personnel are abused on the phone by angry taxpayers and if you call in after one has had a bad experience with someone on the phone they will take it out on you.  Most taxpayers act cordially in front of an Appeals Officer and they are inclined to give you the benefit of the doubt in most cases.

4)      You never know what someone at ACS will do.  They are not accountable since you will talk with a different person every time you call.  You are assigned to one person generally at the Appeals Office and they are much more accountable and reasonable.

5)      The Appeals Office knows that if they do not come to an agreement with you, that your next option is to take the matter to Tax Court.  The IRS wants to avoid at all costs clogging up the Tax Court by being unreasonable.  Personnel at ACS have a take it or leave it attitude and often they decide to take it.

6)      You can file a Collection Due Process Appeal after you have received an IRS Final Notice of Intent to Levy.  Your request should be filed within 30 days of the Final Notice.  If you file the Collection Due Process Appeal after 30 days, the IRS will still allow you to file an appeal, up to one year, but you lose the option of taking your case to Tax Court. 

Scott Allen E. A.

www.taxdebtadvisors.com

– – info@taxdebtadvisors.com

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