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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

 

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

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
Regular Post
Written by Scott Allen

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
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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
0
Regular Post
Written by Scott Allen

What you should know about the Taxpayer Advocate Service—TAS?

Taxpayer Advocate Service in Arizona

The Taxpayer Advocate Service –TAS, was set up to assist taxpayer who feel that the IRS process is not working properly.  The TAS represents you and is free to all taxpayers.  One becomes eligible to use the TAS after they have tried to resolve their tax problem through normal IRS procedures and failed.  This service is available for individuals and businesses.  Each State has at least one local taxpayer advocate office.  For more information on when to utilize the services of TAS you can contact me or call them at 1-877-777-4778.

Tax Debt Advisors, Inc     Scott Allen E.A.    Helping Taxpayers in Arizona

 

IRS help by state, IRS Levy, IRS Problems, Tax Debt
1
Regular Post
Written by Scott Allen

Is the IRS kinder and gentler?

Is the IRS kind?

In the last 44 years, we have seen little change in the attitude or position of the IRS towards collection of taxes owed.  The IRS is just an extension of our federal government.  It is a huge bureaucracy and the culture within the IRS is very slow to change.

What changes is the areas of emphasis in their work.  They will try different systems and strategies but they always come back to what has worked in the past.  For example, the IRS has been contracting with outside private debt collection agencies.  If you have absolute power to take someone’s property and wages, why would you even think that another collector without those powers could do better?  It was doomed to fail from the start.

The IRS will replace the private debt collection agencies by hiring over 2000 new collection officers in 2022.  These new bill collectors hired by the IRS have the power to file liens, levy wages and seize property.  Most will have the ability to do extensive investigations and they will likely make their first contact with you at your home or business.

IRS Commissioner Doug Shulman said, “I believe this work is best done by IRS employees, and I believe we have strong support from the Administration and the Congress for increased IRS enforcement resources going forward.”  Some clients interpret “kindler and gentler,” to mean the IRS will make it easier to pay or let you pay less than your fair share.  Kindler and gentler was just mask.  It is the same tiger behind the mask and as I have said many times, “when your head is in the mouth of a tiger, say nice tiger.”

We do not know how the IRS will place these new collections officers.  Will they go towards local enforcement by hiring more Revenue Officers or towards centralized collections by hiring more personnel at the Automated Collection Service?  Now that we are more than half way through 2022, we still do not see any significant change because of the number of new personnel hired by the IRS.  That is understandable since it takes about two years before they are turned loose on taxpayers.  Right now most are acting in supportive roles.

Scott Allen E. A.     Tax Debt Advisors, Inc     stopIRSaction.com

 

IRS Problems, Tax Advisor
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Regular Post
Written by Scott Allen

What Should I do if the IRS Knocks on my Door in Arizona?

IRS Knock on my Door in Arizona

If a Revenue Officer knocks on your door in Arizona, technically you do not have to let them in.  But you should be courteous and ask if you can have a representative contact them.  A good way to respond is to say something like, “I will provide all the information you request, but I would like to consult my representative and have them represent me.”

A Revenue Office is entitled to your financial information but it is best to request a list of all the information that they want and a reasonable deadline.  It is too easy to try to please the RO and not provide accurate or complete information.

Most Revenue Officers are please that you have representation as long as they respect the person you choose.  Many national companies have poor track records with the IRS and the RO will usually ask who you are considering using.  They cannot make suggestions on who to use but they will likely tell you if you are considering someone with a bad reputation.  The key here is to handle unannounced IRS visits with courtesy, but remember you have rights to representation before disclosure.

Scott Allen E. A.     Tax Debt Advisors, Inc     Mesa Arizona    taxdebtadvisors.com

 

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

IRS Notices

IRS Notices on Arizona Taxpayers

Here are the three most common IRS notices:

CP 2000—Proposed Changes to Your Return/Notice of Unreported Income.  If income has been reported to the IRS that is not on your return you will get this notice.  If you disagree with this notice you have 30 days from the date of this letter to file an appeal with the IRS Appeals Office.

CP 22E—Examination Adjustment Notice, Balance Due.  This notice explains the amount due from an audit.  You can either pay the amount due or set up an installment arrangement.  If you qualify you can also file for an Offer in Compromise.

CP 523—IMF Installment Agreement Default Notice.  This letter informs you that the IRS intends to terminate your installment agreement.  You have 30 days to file an appeal if you do not agree that your installment agreement should have been put in default status.

Scott Allen, EA

Tax Debt Advisors, Inc helping Arizona Taxpayers

taxdebtadvisors.com

 

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