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

 

Written by Scott Allen

IRS Notice CP 504

This is what we call a 90 letter.  The 90 is the number of days from the first notice until this final notice which threatens you with levy action against your wages and bank accounts.  The IRS will also be filing a tax lien if they have not already done so.  This notice is a call to action and in most cases, the services of an IRS resolution specialist is needed to prevent further damage to your credit and finances.  Most of the time the fear associated with the IRS is worst than the actual consequences of dealing with the problem correctly.  

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

info@taxdebtadvisors.com

Written by Scott Allen

CNC Status and Discharging Taxes in Bankruptcy

Can I discharge taxes in bankruptcy?

CNC stands for currently not collectible.  That means that the IRS does not require you to make any payments towards your tax liability.  Almost all of our clients who want to discharge taxes in a bankruptcy will have to wait 2 or 3 years depending on the assessment dates of past returns with taxes owed.  If you quality for a CNC status, you have the benefit of not having to pay any money towards your tax debt while you are waiting to discharge your taxes in a Chapter 7 Bankruptcy.  The important question to get an answer on is then—do you qualify to file a Chapter 7 bankruptcy.  There are limitations to the amount of income you are earning and assets you own.  A consultation ahead of time can allow you to prepare for qualification to discharge your tax liability.  Scott Allen EA of Mesa Arizona in 85204 offers free consultations for IRS debt settlement options. Give him a call today at 480-9269300.

Scott Allen E. A.

Tax Debt Advisors Inc

www.taxdebtadvisors.com

 

Written by Scott Allen

IRS Form 2848

Internal Revenue Service Form 2848

This IRS form is used to give permission for someone else to represent you before the IRS.  It is referred to as an IRS Power of Attorney.  It is limited to the items described on the form and those areas of representation are limited to IRS matters.  Typically the form will state what type of tax—individual income tax, form number—1040, and tax years covered—2002-2022.  If there is a problem with any years outside of those mentioned, the IRS will not allow your representative to work on those years.  If you have a payroll tax problem in addition to an individual income tax problem, it too must be separately mentioned.  Before we begin any work on resolving a tax problem, we require a power of attorney.  A power of attorney allows us to get information needed to resolve successfully your current IRS problem.  It is time to stop IRS action against you and hire Scott Allen EA to be your IRS power of attorney. He will put your mind at ease.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

IRS FORM 2848

Written by Scott Allen

Will the IRS reinstate my payment plan if I default?

IRS, Please reinstate my payment plan

Yes, if it is the first time you have defaulted and you contact them as soon as you can after failing to make your payment.  In most cases you will have to bring yourself current on the payment due and the payment missed to be reinstated.

If you have defaulted more than once, and you are an employee, the IRS will likely garnish your paycheck for the monthly amount.   If you have defaulted and are several months behind, the IRS will likely require new financial information to verify the amount they want you to send in each month.  This can be a good thing.  If you have been unable to make your monthly payment because your income has gone down or an allowable expense has increased, the IRS will reduce your monthly payment accordingly.

There are some situations when strategically defaulting on a payment plan should be done to reduce your payment.  If you are considering this, you should make sure your actions will improve your resolution of the tax debt.  This would be a good time to have a consultation with a resolution specialist. Scott Allen EA is located in Mesa Arizona and you can schedule an in person or phone appointment to discuss your specific situation.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

Written by Scott Allen

GET IRS OFF MY BACK – How long after I get a notice from the IRS will they take action?

Can I get the IRS off my back?

It depends upon the type of letter you get.  Generally, most letters from the IRS give you 30 days to take some corrective action before the IRS will lower the boom.  Many letters mention 10 days.  This usually means you have 10 days to pay the amount due or additional interest or penalties will be added to the balance.  Clients read the words 10 days and stop there.  If they read further they would read that they have 30 days in most cases to take action.  But even though the IRS can take action in 30 days, it may be much longer before they actually do.  However, it is a poor bet to take any chances.  If you are uncertain as to what should be your next step, seek the advice of an IRS resolution specialist.  Call Scott Allen EA of Mesa Arizona at 480-926-9300.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.getirsoffmyback.com

 

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

 

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