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Written by Scott Allen

My signature was forged: IRS help from Tax Debt Advisors, Inc.

forged signature on tax return

Forged Signature on a joint return

When a spouse proves that their signature was forged, the joint election will be invalidated.  However, if there was Tacit Consent, the return will be considered filed correctly even if the signature was forged.  Tacit consent is when you authorize your spouse to sign your name on the return even if you didn’t directly tell them to sign it. Tacit consent means you agreed to the filing of your joint tax return even if you didn’t verbally authorize the signature. Factors that support you consented to the filing include:

  • You have your W-2’s or 1099’s to your spouse
  • You did not protest the filing of taxes
  • Have filed joint returns in the past
  • Did not file a married filing separate tax return and had a filing requirement

How do I report to the IRS that my spouse forged my signature on the refund check?

You can request the IRS to start an investigation by filing IRS Form 3911 to determine if your refund check was cashed.  Be sure to include a statement why you believe your signature was forged on the check.

 Can I file a return as Married Filing Separate even though a fraudulent joint return was filed by my spouse?

When you file a return married filing separate, the IRS will notify you that a joint return was already filed.  Now you have the IRS attention and your written correspondence has a greater chance of getting someone to correct the problem.  If the IRS determines that your spouse forged you signature, the IRS will accept your married filing separate return.  Your spouse will be assessed negligence and fraudulent penalties for filing a false return.

Can I call the IRS and report that my signature was forged?

Yes, but it is unlikely that the person will follow through on any action that will resolve the problem.

Typically these types of cases are not handled under IRS innocent spouse rules. The goal here is to hopefully get the IRS to adjust your filing status from filing joint to filing separate, and remove yourself from the current tax return you did not consent to. Whenever you talk to someone from the IRS they are required to give you their name and their IRS badge number.  Record the date that you communicated your complaint.  If nothing happens at least you can request help from the Taxpayer Advocate Office because you made a reasonable attempt to correct the problem with the IRS but was not able to do so.

Forged signatures on IRS returns, refund checks, installment arrangements, offers in compromise and all other IRS documents

A forged signature constitutes fraud and can have serious consequences to both the person who commits the fraud and the one who the fraud is committed against.  The facts and circumstances require professional assistance in most cases to be successfully resolved in your favor.  I offer a free consultation to discuss your particular situation and can take your case to the IRS.

 

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

IRS Problems
4
Regular Post
Written by Scott Allen

Form 8546: Claim for Reimbursement of Bank Charges Incurred Due to Erroneous Services Levy or Misplaced Payment Check

IRS Form 8546

Yes, the IRS is known for making mistakes from time to time.  When the IRS, by known mistake, levies one of your accounts and you have proof or substantial documentation Form 8546 can be filed to get reimbursed for the expense.

Is it worth filing Form 8546?  Yes, depending on the circumstances and the amount that you are asking the IRS to refund.  However, usually charges are relatively small amounts and is only going to be worth it if that taxpayer prepares and files Form 8546 on his or her own as the fee a professional might have to charge would nearly equal the amount you are trying to get refunded.

What expenses will the IRS refund?  The IRS will refund bank charges that include a financial institution’s customary charge for complying with the levy instructions and charges for overdrafts that are a direct consequence of an erroneous levy.  In addition, there are times when a taxpayer’s check may be lost or misplaced in processing.  When the IRS asks for a replacement check, the taxpayer maybe reimbursed for bank charges incurred in stopping payment on the original check.  The charges must have been paid by the taxpayer and must not have been waived or reimbursed by the financial institution. All claims must be filed within one year after the expense.

Form 8546 is a one page form with a one page instruction.  Please read the entire form before submitting and be sure your claim meets all the requirements.  Include copies of required documents.

IRS Help from Tax Debt Advisors, Inc – Scott Allen, E.A.

3155 E Southern Ave  Ste 101  Mesa, AZ  85204  www.getirsoffmyback.com

 

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Mesa Tax Preparation: Capital Gains Tax & Losses explained simply

Mesa Tax Preparation

At times capital gains & losses can be very tricky on how to correctly report on your Mesa Tax Preparation.  Below I have explained it as simply as I can.  If you find it confusing or are still unsure its important to seek advise from  a professional.  I don’t charge for an initial consultation to discuss your particular case.

If you realize a profit when you sell an asset, such as a stock, you have a capital gain. In other words, if you sell an asset for more than you bought it for, you made a profit and will need to pay capital gains tax. The IRS differentiates between long-term capital gains (on assets held for over one year before selling) and short-term capital gains (sold within one year or less). The tax rate for long-term capital gains is lower than short-term. You may be required to make estimated payments if you have a large amount of capital gains.

If you have capital losses (the sale price is lower than what you paid originally), you can claim no more than $3,000 per year (married filing jointly). You may be able to carry the loss forward to later years if your total loss is over $3,000.

For a more detailed explanation of capital gains & losses for your Mesa Tax Preparation click on the following link (IRS Topic 409)

Tax Debt Advisors, Inc – Scott Allen, E.A.   www.TaxDebtAdvisors.com

 

Income Tax Preparation, IRS Tax Attorney, Tax Preparation
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Local IRS offices in California: IRS help from Tax Debt Advisors, Inc

Are you in need of locating the most convenient IRS office?  Below is a list of all IRS office addresses and phone numbers in California. For other local IRS office locations click here.

Bakersfield IRS Office:  4825 Coffee Rd #200  Bakersfield, CA  93308  Phone:  844-545-5640

Camarillo IRS Office:  751 Daily Dr  Camarillo, CA  93010  Phone:  844-545-5640

Carpinteria IRS Office:  1145 Eugenia Pl #201 Carpinteria, CA 93013  Phone:  844-545-5640

El Centro IRS Office:  2345 S Second St  El Centro, CA  92243  Phone:  844-545-5640

El Monte IRS Office:  9350 East Flair Dr  El Monte, CA  91731  Phone:  844-545-5640

Fresno IRS Office:  2525 Capitol St  Fresno, CA  93721  Phone:  844-545-5640

Laguna Niguel IRS Office:  24000 Avila Rd  Laguna Niguel, CA  90802  Phone:  844-545-5640

Long Beach IRS Office:  501 W Ocean Blvd  Long Beach, CA  90802  Phone:  844-545-5640

Los Angeles IRS Office:  300 N Los Angeles St #1259  Los Angeles, CA  90012  Phone:  844-545-5640

Modesto IRS Office:  1700 Standiford Ave Modesto, CA 95350  Phone:  844-545-5640

Oakland IRS Office:  1301 Clay St  Oakland, CA  94612  Phone:  844-545-5640

Palm Springs IRS Office:  556 S Paseo Dorotea  Palm Springs, CA  92264  Phone:  844-545-5640

Redding IRS Office:  850 Industrial St  Redding, CA  96002  Phone:  844-545-5640

Sacramento IRS Office:  4330 Watt Ave  Sacramento, CA  95821  Phone:  844-545-5640

Salinas IRS Office:  928 East Blanco Rd #121  Salinas, CA  93901  Phone:  844-545-5640

San Bernardino IRS Office:  290 North D St  San Bernardino, CA  92401  Phone:  844-545-5640

San Diego IRS Office:  880 Front St  San Diego, CA  92101  Phone:  844-545-5640

San Francisco IRS Office:  450 Golden Gate Ave  San Francisco, CA  94102  Phone:  844-545-5640

San Jose IRS Office:  55 S Market St #100  San Jose, CA  95113  Phone:  844-545-5640

San Marcos IRS Office:  1 Civic Center Dr  San Marcos, CA  92069  Phone:  844-545-5640

Santa Ana IRS Office:  801 Civic Center Dr W  Santa Ana, CA  92701  Phone:  844-545-5640

Santa Barbara IRS Office:  1332 Anacapa St  Santa Barbara, CA  93101  Phone:  844-545-5640

Santa Maria IRS Office:  2384 Professional Parkway  Santa Maria, CA  93455  Phone:  844-545-5640

Santa Rosa IRS Office:  777 Sonoma Ave  Santa Rosa, CA  95404  Phone:  844-545-5640

Stockton IRS Office:  4643 Quail Lakes Dr  Stockton, CA  95207  Phone:  844-545-5640

Van Nuys IRS Office:  6230 Van Nuys Blvd  Van Nuys, CA  91401  Phone:  844-545-5640

Visalia IRS Office:  5300 W Tulare St  Visalia, CA  93277  Phone:  844-545-5640

Walmut Creek IRS Office:  185 Lennon Ln  Walnut Creek, CA  94598  Phone:  844-545-5640

Tax Debt Advisors, Inc – Scott Allen, E.A.

3155 E Southern Ave  Ste 101  Mesa, AZ  85204  Phone:  480-926-9300 

 

IRS help by state, IRS Tax Payment Plan, Local IRS Office Locations, Tax Preparation
5
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Written by Scott Allen

Tax Preparation: Form 8839 – Qualified Adoption Expenses

Information to consider when claiming the Adoption Credit:

If you are considering adopting a child, you may qualify for the adoption tax credit, which is up to $14,890 per child.

In order to qualify, you must have adopted a child and paid out-of-pocket expenses relating to the adoption.  The amount of the tax credit is depended on the amount you spent on adoption-related expenses.  If you adopt a special needs child you are entitled to claim the full amount of the adoption credit even if you didn’t spend the full $14,890.

The adoption credit was scheduled to expire until health care legislation passed and extended it through tax year 2022.

For higher income earners, the phase out for the credit starts at $216,000.  To be eligible for the credit you must adopt a child 17 or younger.  Or a child of any age who is a US citizen or resident alien and who is physically or mentally unable to care for himself or herself.

Many argue the issues with the tax credit, is that you had to spend that money out of pocket before you can claim the credit.  If the credit is based off expenses you have already spent it is difficult for lower-income families to adopt.

Qualified adoption expenses include: adoption fees, attorney fees, court costs, travel expenses and re-adoption expenses related to the adoption of a foreign child.

Qualified adoption expenses that do not qualify include:

  • those for which you received funds under any state, local, or federal program
  • that violate state or federal law
  • for carrying out a surrogate parenting arrangement
  • for the adoption of your spouse’s child
  • paid or reimbursed by your employer or any other person or organization
  • or allowed as a credit or deduction under any other provision of federal income tax law.

For more information please contact Scott Allen, E.A. with Tax Debt Advisors, Inc  www.ScottAllenEA.com

 

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Local IRS Offices in Arizona: IRS help from Tax Debt Advisors, Inc

Local IRS Offices in Arizona

Where is the nearest IRS office from you?  Below is a list of all IRS office addresses and phone numbers here in Arizona.

Phoenix IRS Office: 4041 N Central Ave  Phoenix, AZ  85012  Phone:  844-545-5640. Major cross streets are Indian School Rd & N Central Ave, in the same building as the Maricopa County Education Service Agency. Monday-Friday – 8:30 a.m.-4:30 p.m.

Services Provided

Mesa IRS Office: 1818 E Southern Ave  Mesa, AZ  85204  Phone:  844-545-5640. Major cross streets are S Gilbert Rd and E Southern Ave, right next to Mesa High School. Monday-Friday – 8:30 a.m.-4:30 p.m.

Services Provided

Glendale IRS Office: 7350 W Camino San Xavier  Glendale, AZ  85308  Phone:  844-545-5640. Closest major cross street are W Camino San Xavier and 73rd Ave.

Services Provided

Tucson IRS Office: 300 W Congress  Tucson, AZ  85701  Phone:  844-545-5640. Closes major cross streets are N Granada Ave and W Congress St. just west of Tucson City Hall. Monday-Friday – 8:30 a.m.-4:30 p.m.

Services Provided

Yuma IRS Office: 2285 S 4th Ave  Yuma, AZ  85364  Phone:  844-545-5640. Closest major cross streets are S 4th Ave and W 23rd St. right next to Safelight Auto Glass. Monday-Friday – 8:30 a.m.- 4:30 p.m. (Closed for lunch 12:30 p.m.-1:30 p.m.)

Services Provided

Bullhead City IRS Office: Virtual Assistance Only  Phone:  844-545-5640.

Services Provided

If you are in need of Arizona IRS Representation, call and talk with me today –  Scott Allen, E.A.

3155 E Southern Ave  Ste 101  Mesa, AZ  85204  Phone:  480-926-9300

 

Local IRS Office Locations, Tax Advisor, Tax Preparation, Unfiled Tax Returns
10
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Written by Scott Allen

IRS Tax Examination Letters Scottsdale AZ

IRS Tax Examination Letters

There are at least four different types of IRS examination letters Scottsdale AZ used by the IRS.  The most common include:

Letter 525—General 30 Day Letter.  This letter gives you the results of a proposed adjustment to your tax return.  If you do not agree you can file an appeal within 30 days from the date of the letter.

Letter 1153—Trust Funds Recovery Penalty Letter.  This letter is the IRS’s attempt to collect the federal employment or excise taxes due from your business.  You have 60 days to appeal this decision from the date of the letter with the IRS Appeals Office.

Letter 3219—Notice of Deficiency.  This is notice of by the IRS Commissioner that you owe additional tax.  You have 90 days from the date of the notice to file a petition with the Tax Court.

Letter 3391—30 Day Non-filer letter.  This is notice that the IRS believe you have not filed returns for the period(s) mentioned in the letter.  It includes the amount of proposed adjusts to your tax return.  You can protest this assessment within 30 days of the date of this letter.  If you neglect to appeal this decision, the proposed assessments become a Substitute for Return (SFR).

Need help with any of these notices? Give Scott Allen EA a call today. He specializes in helping Scottsdale AZ taxpayers with IRS tax examination letters.

 

IRS Problems, IRS Tax Audits, Unfiled Tax Returns
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Can the IRS put a lien on my house when I am making monthly payments on what I owe?

The IRS put a lien on my house

The answer is yes.  Any time you owe the IRS, they can put a lien on your house and other property that you own.  You should expect a lien to be filed even if you are on a monthly installment arrangement or a non-collectible status.  Even if you are in the process of applying for an offer in compromise the IRS can file a tax lien if they are concerned about the amount being offered.

If you feel that there is a legitimate reason why the IRS should not have filed a tax lien, you have the option of filing a collection due process appeal.  In most cases, you will not be successful in removing the lien unless it is due to an error on the part of the IRS, or when a return is assessed it will prove that you will not own any taxes.  If you desire to get a tax lien removed in order to get a loan to pay the balance owed off in full, the IRS will subordinate the lien in order to allow a bank to make the loan.

If you have any questions regarding the filing of a tax lien, removing a tax lien or how a tax lien affects your credit or assets, give me a call for a free consultation at 480-926-9300.

Scott Allen E. A.

Tax Debt Advisors Inc helping Arizona taxpayers with and IRS lien on their house

www.irshelpblog.com

IRS Problems, IRS Tax lien problems
1
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Will the IRS be willing to accept a low offer in compromise if they know I can discharge the taxes in a bankruptcy?

Arizona IRS Offer in Compromise

I have seen where the ability to file a bankruptcy has had a positive effect on getting an Arizona IRS offer in compromise accepted if there are genuine areas of disagreement on how assets should be valued in determining the offer amount.  I have also seen situations where the IRS will not budge on an offer amount even if you decide to file a bankruptcy.  There is a lot of variation in the way the offer in compromise group handle offers when the option to discharge the taxes in a bankruptcy is available.  If the tax debt is on a current year, the IRS knows that you must wait three years from the due date of the return before you can file a bankruptcy.  In that case, the option of filing a bankruptcy would not be taken into consideration.  Each situation has to be evaluated on its own merits.  Working with a professional who has seen lots of Arizona IRS offer in compromise’s accepted when a bankruptcy is an option is the only way to get an objective opinion.

Scott Allen E. A.

Tax Debt Advisors, Inc for Arizona IRS Offer in Compromise

www.taxdebtadvisors.com

 

IRS Problems, IRS Tax lien problems, Tax Bankruptcy
0
Regular Post
Written by Scott Allen

Independent Contractor or Employee?

Are you an Independent Contractor or Employee?

This is a big issue that can have a drastic impact on how you are taxed.  If you are getting a 1099-Misc you are an independent contractor—you are considered self employed the same as if you had your own business.  You will have to file a Schedule C and pay Self-Employment taxes of 15.3% of your net income in addition to income taxes.

If you really are an employee, there is no Self-Employment tax, but you will have Social Security and Medicare taxes taken out which amount to 7.65% of your gross income.  In most cases you are better off being treated as an employee.  Employers reduce their taxes by paying you as an independent contractor as well as avoid paying benefits such as health insurance.

If you are being classified incorrectly as an independent contractor, you can correct the problem by filing a relatively new form with the IRS—Form 8919, Uncollected Social Security and Medicare Taxes on Wages.  By filing Form 8919, so you avoid paying Self-Employment taxes.  This form can be filed when you file your individual tax return.  In addition you will need to send in a Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding separately.  You will be required to pay your share of Social Security and Medicare taxes.

Many clients do not do this out of fear that their employer will terminate their employment.  By filing a Form 8919, your employer will have to pay their share of payroll taxes and will be fined for filing and paying late.  Employers will also be fined and pay a late fee on Unemployment taxes.

If you are terminated as an employee because of this, you do qualify for unemployment compensation based on the rules of your state that you reside.  Ultimately the IRS will make a determination of your employment or independent contractor status.  Your employer has the right to contest your status.  If your employer appeals and you are considered an independent contractor, you will have to amend your return and pay the additional taxes associated with being self employed.

Tax Debt Advisors, Inc

Scott Allen, EA

 

 

IRS Problems, Tax Preparation, Unfiled Tax Returns
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