Regular Post
Written by Scott Allen

IRS much more aggressive on filing Tax Liens

IRS Tax Liens

The IRS has aggressively increased the number of liens issue in 2009 over 1999—475% more.  Even Nina Olson, the national tax payer advocate concedes that it is causing unnecessary harm to some taxpayers and even reducing the amount the IRS is able to collect.  Olson told CNNMoney, “Taxpayers are being greatly harmed for very little benefit to the government.”  Nina says that tax lien issuance is one of the top five problems that Congress must deal with to help taxpayers.

When you are under threat of a tax lien being filed, it is important to consider arguing, with professional help, the disadvantages a tax lien will cause to delay the payment of delinquent taxes.  The IRS allows taxpayers an opportunity to argue their case before the Office of Appeals.  Serious consideration of filing an appeal should be made so that you are not limited in your ability to pay off your tax debt due to a tax lien.

Scott Allen E. A.

Tax Debt Advisors, Inc

taxdebtadvisors.com

 

IRS Problems, IRS Tax lien problems
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Regular Post
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

 

IRS Problems, IRS Tax lien problems
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Regular Post
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

 

IRS Problems, IRS Tax lien problems
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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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Regular Post
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

 

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

stopirsaction.com – IRS TAX LIENS

IRS Tax Liens in Mesa Arizona

How do IRS Tax Liens Affect Real Estate I own?

You’ve heard with real estate the phrase, location, location, location.  Well that is certainly true when it comes to your real estate and IRS tax liens.  Here is a typical question I get asked regarding IRS tax liens.  The IRS filed a tax lien against me here in Maricopa County where I live but I own land in North Dakota where no lien has been filed?  For the lien to be in force does it have to be filed where I live or in North Dakota?

The answer is that an IRS tax lien is only in force against your property if it is filed in the county where the property is located.  If the IRS only files a lien in the county you live in it will have no effect real estate you own in another county.  In this situation, if the IRS only filed a lien in Maricopa County, you can refinance or sell the property without interference of the lien.  The IRS has not secured it’s interest in your real estate if it is filed in the wrong county.

However, once you are contacted by the IRS regarding a tax debt, they will ask you to disclose all property owned.  Failure to make full and accurate disclosure can result in serious legal issues.  Some clients think that they can simply change title in a property the own to another family member or friend to avoid making full disclosure.  However, the IRS will ask under penalties of perjury if any assets have been transferred out of your name for less than full value in the last ten years.

If property has been sold, the IRS will want to know what was done with any equity that you received.  If it was used for normal living expenses, the IRS will consider that reasonable but it will likely affect the amount that would be acceptable in an Offer in Compromise if it was recent.  Schedule a consultation today to speak with Scott Allen E.A. in Mesa AZ about your IRS tax liens and what options you have.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

IRS Tax Liens

IRS Problems, IRS Tax lien problems
2
Regular Post
Written by Scott Allen

stopirsaction.com — What are the IRS Collection Priorities for 2020?

stopIRSaction.com

1)      The IRS is filing IRS tax liens on all tax debts.  Revenue Officers are now required to file Federal Tax Liens as soon as they know there are taxes owed.  The number of tax liens has risen from a low of 410,220 in 2018 to 543,604 in 2019.  The IRS is making sure that they secure the tax debt before taxpayers can sell assets and use the money for other purposes.

2)      The Automated collection Service (ACS) has started issuing levies against wages and bank accounts immediately after the mandatory 30 day waiting period.  Normally the IRS would take months before issuing levies.  In the past ACS has given taxpayers 30 days to file any unfiled tax returns and another 30 days to propose a settlement.  We are now seeing ACS give as little as 3 days to file returns or make a settlement proposal.

3)      The IRS is taking more aggressive action on collecting on the trust fund recovery penalty.  Between 2012 and 2017 less than 24% of  assessments were collected.  Manny trust fund assessment penalties went several years before the IRS would try to collect.  By that time the taxpayer was less able to pay the IRS.  If you are behind on your payroll taxes, expect Revenue Officers to start immediate collection action after they assess it.

4)      If you are a non-filer or continue to owe year after year, the IRS has targeted you as a high priority.  The IRS knows that they may not be able to collect on past taxes but they will only accept this if you are staying current on this year’s tax liability.

With the huge budget deficits mounting each year and our national debt growing to dangerous proportions, congress has asked the IRS commissioner to step the timing of collection actions.  If you are struggling with any of the high priority items mentioned, contact me to discuss how you can settle your IRS matter before it reaches a point of crisis.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

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

IRS TAX LIENS – STOP IRS ACTION

IRS Tax Liens in Arizona

When do IRS tax liens expire?

Yes there is an expiration on IRS tax liens—ten years.  The ten years starts from the time the taxes were assessed.  Once the ten year period has passed the tax lien goes away automatically.

There is a caution flag that needs to be raised regarding actions you can inadvertently take that will extend the statute of limitations.  If you file a bankruptcy, a collection due process hearing, submit an offer in compromise or file an innocent spouse claim the 10 year statute to collect is extended because these actions stop the IRS from collecting the taxes due.

A bankruptcy extends the statute of limitation by the amount of time your were in bankruptcy plus six months.

A collection due process hearing will extend the statute of  limitations by the amount of time your hearing was pending.

An offer in compromise will extend the statute of limitations by the amount of time the offer was pending plus 30 days.

An innocent spouse claim will suspend the collection statute during the time the claim is under consideration.

Before any of these tax settlement strategies are utilized, make sure that the risk of extending the statute doesn’t exceed the benefit. IRS tax liens can impact your life in many ways. Be sure to also find out if its possible to settle the IRS or offer up a payment plan solution without the filing of IRS tax liens on your record.

Scott Allen E. A.

Tax Debt Advisors, Inc.

 

IRS Problems, IRS Tax lien problems, Offer In Compromise
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Regular Post
Written by Scott Allen

COLLECTION STATUTE EXPIRATION DATE

Collection Statute Expiration Date – CSED

If the IRS does not collect the taxes within ten years form the date of assessment, then the tax is abated and liens are released against the taxpayer’s property.  If you have several years that you owe on, it is advisable to designate your payments when possible to the most current years rather than to older years that may be close to expiring.  The IRS, without designation from the taxpayer will always apply payments to the oldest debt.  In most cases the IRS will apply voluntary payments to the oldest tax debt regardless of any designation made by the taxpayer.

There are some actions by the taxpayer that can extend the CSED.  The most common are a pending bankruptcy, a judgment or litigation in tax court, a collection due process appeal, a pending offer in compromise or when the taxpayer voluntarily signs a waiver extending the collection statute.

If you think your tax debts have expired we can confirm this verbally and in writing from the IRS.  This inquiry if done correctly does not need to wake up a “sleeping giant.”   Most taxpayer are under the false assumption that once you owe the IRS the debt will stay there until fully paid.  State laws differ from the IRS.  Some states have no expiration dates on tax debts.  If you are uncertain as to your tax debt status, especially those that might have expired, we can help you get a confirmation and clear up tax liens that will likely still be marks against your credit.

Scott Allen E. A.

Tax Debt Advisors, Inc.

www.scottallenea.com

IRS Problems, IRS Tax lien problems, IRS Wage Garnishment
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