Regular Post
Written by Scott Allen

Can I appeal my IRS Audit? IRS help from Tax Debt Advisors, Inc.

IRS Audit in Arizona

Yes, but first you should speak to the manager of the person who did the audit.  Many times an appeal can be avoided by speaking with the manager.  In most cases you will want to have a professional speak to the manager on your behalf.  Many times it is just explaining the facts in terms that the IRS will accept.  Before I can represent you an IRS form 2848 will need to be filed with the auditor.  If the manager is unwilling to agree with me, I will file an IRS audit appeal.  Audit appeals are more willing to make compromises as a matter of expedience to keep their workload from backing up and because they have greater latitude to make concessions.  A professional representative who has worked with the Appeals Office has a greater chance of success simply because of their relationship and credibility from past appeals.

 

 Scott Allen, E.A. – Tax Debt Advisors, Inc helping with IRS audits in Arizona

www.TaxDebtAdvisors.com

 

BACK TAX RETURNS, IRS Appeals, IRS Problems, Unfiled Tax Returns
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Regular Post
Written by Scott Allen

Can I appeal what the IRS says I owe? From Tax Debt Advisors, Inc.

Appeal what the IRS says I owe

Yes, but there are procedures that need to be followed exactly and timely to get appropriate relief.  There are two kinds of appeals.

The first is a Collection Due Process (CDP) appeal which is filed on IRS Form 12153.  This appeal is used when you have received an IRS Notice of Federal Tax Lien, a Final Notice of Intent of Levy or a Levy on your state refund.

The second is a Collection Appeals Program (CAP) which is filed on IRS Form 9423.  This is appeal is used when the IRS rejects your proposed installment agreement, termination of your installment agreement, when the IRS levies or seizes your property and when the IRS files a Notice of Federal Tax Lien.

Call me today if you are facing any of these threatening IRS actions to schedule a free consultation on how I can help you appeal your case.

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

Phone:  480-926-9300

www.TaxDebtAdvisors.com

 

Income Tax Preparation, IRS Appeals, IRS Problems, Tax Preparation
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Regular Post
Written by Scott Allen

Can I stop an IRS audit by filing bankruptcy?

IRS Audit and Bankruptcy

Even though filing a bankruptcy can stop all collection action, it doesn’t prevent the IRS from doing an audit.  An audit also extends the time that you can file a bankruptcy.  A bankruptcy can only be filed on a tax year 240 days from the time the audit was completed and any additional taxes assessed.

If you are going to file a bankruptcy to discharge your IRS taxes, then an audit is really only going to cause a temporary delay.  If you owe more taxes, the silver lining in an audit is that you will also get those taxes settled.  The only issue is what to do for the additional 240 days before filing a bankruptcy.  In most cases, we put our clients in a non collectible status or an installment arrangement.  If you qualify for a non collectible you do not have to make any payments to the IRS.  If you are put on a monthly payment plan, most clients make an average of 4 or 5 payments before they can file their bankruptcy.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

IRS Appeals, IRS Problems, IRS Tax Audits
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Regular Post
Written by Scott Allen

Are You Losing Your IRS Refunds Every Year?

Losing IRS Refunds

Are you getting tired of having refunds every year applied towards your unpaid taxes?  The solution is rather simple.  If you are an employee, change your withholdings so that you are having less withheld.  I always tell clients in this situation that the best you can do is own $1 on future tax returns.  When you have refunds you are in essence making an interest free loan on the money to the government.

Secondly, if you are married and filing jointly, you can protect your refund by filing an Injured Spouse Allocation—form 8379.  This will allow you to calculate how much of the refund was generated by you and you can have it paid to you rather than have it applied to a debt that is not yours.  Too many taxpayers are filing married filing separate to protect the injured spouse’s refund.  This is a very expensive way to protect a refund.  Many deductions and credits are lost by filing married filing separately and the taxpayer would get more of a refund filing a joint return with the Injured Spouse Allocation.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

IRS Appeals, IRS Problems, Tax Debt, Unfiled Tax Returns
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Regular Post
Written by Scott Allen

IRS Trust Fund Recovery Penalty

IRS Trust Fund Recovery Penalty

Internal Revenue Code Section 6672 (a) covers the IRS Trust Fund Recovery Penalty.  This is often referred to as the 100% penalty which indicates how serious the IRS is to punish taxpayers who fail to turn over trust funds.  Trust funds are withholdings that the employer holds back from employee pay checks.  They would include Federal withholdings, Social Security and Medicare taxes.  The term trust means that the employer is holding these funds from a position of trust and is responsible to collect and turn them over to the IRS on a regular basis.

The person or persons responsible for paying these taxes would include but are not limited to the Chief Executive Officer, and any other person authorized to pay the funds and have check signing authority.  The IRS can assess this penalty against anyone who they consider financially responsible.

Many businesses that get in financial trouble and no longer can borrow from legitimate sources such as banks, issuing stock or bonds “borrow” from the IRS by not paying funds held in trust.  The intent is to catch up when business gets better.  With 100% penalties, it would be better to visit the local loan shark—you would get better rates.

If the IRS has determines that you are responsible for paying back trust funds, get professional help immediately.  The IRS will often try to justify going after many individuals without knowing for sure who is really responsible.  This shot gun approach can be devastating financially and the longer you go without contesting the position of the IRS on your responsibility, lowers your chances of being relieved of this tax debt.  Trust funds and the related IRS trust fund recovery penalty cannot be discharged in a bankruptcy.

Scott Allen E. A.

Tax Debt Advisors, Inc.

www.taxdebtadvisors.com

 

IRS Appeals, IRS Problems, Tax Debt, Unfiled Tax Returns
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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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