Written by Scott Allen

IRS Tax Tempe AZ Attorney Not Necessary For Extension Of Time To Pay Taxes

Don’t confused IRS form 4868 which is an extension of time to file your return, with IRS form 1127 which is to request an extension of time to pay your taxes.  Here are some of the differences:

* IRS form 4868 gives you an additional six months to file your return.  You do not have to give any explanation.  It is automatic.  Here in Arizona it also extends the time to file your Arizona return.  IRS form 4868 must be filed by April 15.

*IRS form 1127 Allows you to delay paying your taxes until August with interest but no penalties.  But the guidelines for this delay have strict requirements.  This form must be filed by April 15th.

IRS form 1127 requires you to provided complete details of your assets and liabilities at the end of the previous month and an itemized list of money your have received and spent over the last three months.  The IRS wants to verify that your are unable to pay and the reasons why you are unable to pay.  You will have to provide documentation that you are unable to pay the money.  It must be legitimate “undue hardship,” not just an inconvenience.

It is important to know that the failure to pay penalty is 1/2% per month (form 1127), and the failure to file penalty is 5% per month initially (form 4868).  Taking this into consideration, it is 10 times more important that you file IRS form 4868 than IRS form 1127.  Even though it is possible to delay paying your tax liability, take into consideration the additional cost (1/2% per month) with the chances the effort needed to file IRS form 1127 and the chance that the IRS District Director might deny your request.

To appropriately evaluate your situation, consider a free consultation with Scott Allen E.A. at 480-926-9300.  It is doubtful that an Tempe AZ IRS Tax Attorney would even know what your are talking about if you inquire about filing IRS form 1127.


Written by Scott Allen

Do I Need an IRS Attorney in Mesa, AZ if I get an Installment Agreement Default Notice?

No, this is not a legal matter.  However, you will need to provide all of your financial information to determine if you IRS payment plan should remain the same, go up or go down.  The IRS will likely require you to have your payments come directly out of your checking account or if you have had a track record of default the IRS may want the payments to come directly from your pay check.

You have 30 days to respond to this notice or levy action will follow.  My suggestion is to have a free consultation with Scott Allen E.A. rather than with an IRS Tax Attorney Mesa AZ.   Scott can determine the lowest amount allowed by law that you should pay the IRS.  If your financial situation has worsen since the time you entered into your installment arrangement you may qualify for non-collectible status and not be required to make any monthly payment. He will also review all the other settlement options to determine if an IRS installment arrangement is the best option for you.  You can reach Scott Allen E.A. at 480-926-9300.

Tax Debt Advisors, Inc. – Since 1977

Written by Scott Allen

My IRS tax payment plan is too high: What are my options?

Do I Need a Phoenix AZ IRS Tax Attorney if I Cannot Afford My IRS Payment Plan?

Often times a taxpayer negotiates, on their own, a payment plan known as an IRS installment arrangement that is more than they can afford, or their income has gone down and they can no longer afford the agreed payment.  This is not a legal matter that requires a Phoenix Arizona IRS Tax Attorney.  Scott Allen E.A. has the expertise to get your IRS installment arrangement lowered or eliminated depending on your financial ability to pay.

Scott Allen E.A. is an Enrolled Agent qualified in all 50 states to renegotiate IRS payment plans.  Scott Allen E.A. is available for a free consultation at 480-926-9300 and can tell you what he is able to renegotiate for you after you provide him the financial information he requests.  Scott Allen, E.A. and Tax Debt Advisors, Inc. are not IRS Tax Attorneys in Phoenix AZ or a law firm.  We are a tax preparation company who specializes in negotiating IRS debts.


Written by Scott Allen

Arizona State tax debt

Arizona State Tax Debt

Debts owe to the State of Arizona are handled by the Arizona Department of Revenue.  Settlements and are handled very much the same way as they are with the IRS.  There are some important differences.  I advise clients to first file and settle with the IRS and then file and settle with the Arizona Dept. of Revenue (AZDOR) in most cases.  If you are filing old returns from prior years, Arizona will often wait until the IRS accepts the federal return before accepting a return filed with them for the same year.  Also, the State of Arizona is much more aggressive on collecting taxes on smaller amounts owed than the IRS is on larger amounts owed.

It is best to make your decisions on settlement once you know what you will owe to both the IRS and AZDOR and your ability to make payments on your combined tax debt.  There are some situations when settling up with the State before settling with the IRS makes more sense.  A consultation with a professional representative will help avoid painting yourself in a corner on one tax debt and leave you vulnerable to serious financial troubles in dealing with the other.

Scott Allen E. A.

Tax Debt Advisors, Inc



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



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



Written by Scott Allen


IRS Payment Plan Default

When you default on an installment arrangement there is no explanation.  The most common reasons are:

  • You didn’t send in your payment or your payment was late.  If you call immediately upon receiving the notice, you can usually be reinstated as soon as your payments are current.  Don’t depend on the IRS vouchers as a reminder to make your payment.  Vouchers can come to you after the due date or not at all.  Have a note on your calendar to make your payment whether or not the voucher shows up.  If you send in a payment without a voucher, include your social security number, the tax year to apply the payment (2020-1040) and have your phone number on the check.
  • You filed your return late or did not pay your taxes in full when you filed your return.  One of the conditions of having a payment plan with the IRS is that you don’t get behind on filing or paying in the future.  Again, the IRS will likely reinstate the agreement if you can bring your payments current and you contact them immediately after receiving the notice of default.  To prevent this from happening in the future make sure your estimated taxes are paid timely if you are self employed or that your withholdings are sufficient if you are an employee.

If you default and you have to renegotiate your payment plan with the IRS it is unlikely you will get the same payment amount.   If your financial situation has worsened, your payment amount will be reduced.  Likewise, if your financial situation has improved, your payment amount will go up.  Rather than just go back into another installment arrangement, I advise our clients to reevaluate to see if there is another settlement option that would be better now that their situation has changed.

There are legitimate situations where I advise clients to strategically default on purpose so that a better settlement can be reached with the IRS.  This should only be done with the help of a professional representative who can guide you through the renegotiation process. Our company has over 45 years of tax preparation and IRS negotiation experience.

Scott Allen E. A.

Tax Debt Advisors, Inc.

Written by Scott Allen


Ways to stop Wage Garnishment and IRS Levy

When clients contact us about a garnishment or levy by the IRS on their wages they want it removed as quickly as possible. I understand that, but it is also prudent to make sure that any “posturing” that will help the situation long term is done first.

The IRS will allow reasonable amounts for living expenses before considering what amount is available for one’s historical tax debt. Before agreeing to a monthly payment plan to get the levy released, there are a number of posturing items to resolve as quickly as possible.

First, make sure your withholdings on your pay check is correct. If you are claiming too many exemptions, correct you W-4 form immediately so that you will not owe any taxes when you file the current year return. Every additional dollar you have withheld will reduce your monthly payment by exactly the same amount.

Second, if you have a car that needs to be replaced or one that you own free and clear, you may want to consider getting a new or newer vehicle. Once you are locked in on a monthly payment amount, the IRS will file a tax lien and the lien will make it next to impossible to get a car loan. If you have an old vehicle that you own free and clear and you turn it in for a newer car, the payments you make will reduce the amount you have to pay on your historical tax debt dollar for dollar up to a certain amount. Right now that amount is $588.

Thirdly, if you don’t have health insurance consider getting a policy. Again, you reduce your monthly payment to the IRS on your past tax debt dollar for dollar on the cost of your insurance premiums. If you want health insurance instead of making a higher monthly payment to the IRS you will need to do this before the installment arrangement is entered into.

It is not possible in a short blog to list all of the items one needs to consider. Posturing can lower the amount the IRS will consider for an Offer in Compromise. It can qualify you for non-collectible status, and it can make it possible for you to discharge your taxes in bankruptcy and make no payment at all to the IRS on your past debt. Remember that these suggestions are not universal and need to be reviewed with a professional after making your representative knowledgeable of your financial affairs. Call and speak with Scott today do discuss the best settlement option for you.

Scott Allen E.A. – President

Tax Debt Advisors, Inc. – Since 1977

Mesa AZ IRS Installment Payment Plan

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