Written by Scott Allen

ARIZONA TAX PROBLEMS – Wage Garnishment Defenses?

Arizona Tax Problems in Mesa

The best ways to stop a wage garnishment depends on the situation.  Here are some suggestions.

If you agree with the balance owed and have the ability to pay it off or make monthly installment payments, the wage garnishment will end.

If the wage garnishment is because of a reason due to identity theft and you are being taxed for income that you didn’t earned (someone illegally used your social security number for income reporting purposes) it is best to go directly to the taxpayer advocate office and explain the situation.

If the wage garnishment will put you out on the street and create an undue hardship, file a form 911, taxpayer assistance order, to get the amount of the garnishment reduced so that your basic necessities to sustain life can continue.

If you disagree with the taxes owed or the reasons why a wage garnishment was taken, you should file for a collection due process hearing and take you case to the Appeals office.

If you have a job that is not that important to your career or support and can get another similar job, quit and take another job.  It will take several months or longer for the IRS to track you down.  However, I recommend you only do that to give you time to deal responsibly with IRS problem.  Procrastination is only make matters worse.  Facing your Arizona tax problem in Mesa and getting on with your life only make sense.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.arizonataxproblems.com

 

Written by Scott Allen

Is the Appeals Office any easier to work with than an auditor or collections?

IRS Appeals Office Phoenix AZ

Yes, because the IRS Appeals office Phoenix AZ generally has more authority to compromise when the matter in dispute is in a “grey area.”  Auditors and collections are pretty much black and white on their decisions.  If there is any question, they will deny what might be approved of by the Appeals office.  Also, the Appeals office will do all that they can to prevent the matter going to tax court.  Tax court is an expensive and time consuming procedure that the IRS would prefer to avoid.

Scott Allen E.A.

Tax Debt Advisors, Inc

www.arizonataxproblems.com

 

Written by Scott Allen

ARIZONA IRS PROBLEMS – How long will ACS give me to file back tax returns?

Arizona IRS Problems in Mesa

There is no hard and fast rule you can rely on here.  Generally, ACS will limit you to 30 days.  However, it you have broken past commitments, they may and can expect the returns to be filed in as little as 3 days.  If several years of tax returns need to be filed and ACS has given you 30 days to file all of them, usually they will give you an extension of time to file the remaining ones if you contact them before the deadline, have filed most of them, and have a reasonable reason for needing more time.  As an example; if a client has to file 6 returns and has filed 4 of them within the deadline period, ACS will usually allowed additional time.  Unfortunately, this can depend on who you get at the other line.  I can usually tell before making a request for additional time if the person at ACS will agree to this or not.  If I know that they are unlikely to respond favorably, I will simply hang up and call back until I have the right person. Scott Allen EA deals with ACS (Automated Collection System) on a regular daily basis. That constant experience will be beneficial when he represents you as your Power of Attorney before the IRS.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.arizonaIRSproblems.com

 

Written by Scott Allen

Is there IRS amnesty Arizona for non-filers?

IRS Amnesty Arizona

IRS amnesty Arizona for non-filers simply means that if you agree to file your back tax returns, the IRS agrees to not pursue jail time for not filing.  IRS Amnesty Arizona does not mean that once you file the returns, you are entitled to some special treatment if you owe on those back tax returns.

Some states have experimented with amnesty programs, that allow for short periods of time, to file back tax returns and if you pay all the taxes owed when you file the return, the state will forgive all the interest and penalties.  The confusion comes when taxpayers assume incorrectly that these amnesty programs are the policy of the IRS as well.  Unfortunately, it is not.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.arizonaIRSproblems.com

 

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

 

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

 

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

 

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

 

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

 

Written by Scott Allen

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

 

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