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

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

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

www.stopIRSaction.com

 

Written by Scott Allen

taxdebtadvisors.com – What will get the IRS off my back?

I need the IRS off my back

The IRS will leave you alone when the following has occurred:

1)      You prove that you have insufficient equity in any real or personal property.  If you have no equity in your car or home the IRS isn’t interested in taking it from you.

2)      If you are on a payment plan and current on your payments the IRS will stay off your back.

3)      If you are appealing an IRS decision, collection action will cease until a decision has be made by the Appeals Office.

4)      If you have filed an offer in compromise that is deemed processible, the IRS will leave you alone.

5)      If you have filed an innocent spouse claim, collection ceases as long as it is pending.

6)      If you file a bankruptcy, collection action stops until your bankruptcy is over.

7)      If you are classified as currently not collectible, collection action stops as long as you maintain that status.

Don’t just assume that you have no acceptable settlement options once you have been contacted by the IRS.  We can assess quickly what options are available to you and even more important, get you that settlement with the IRS.  Scott Allen EA is here in Mesa Arizona to represent you.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

Written by Scott Allen

INNOCENT SPOUSE RELIEF

Innocent Spouse Relief: IRS

On occasion, one spouse is totally unaware or responsible for the improper actions of their marriage partner on tax matters.  If this unfortunate situation occurs to you, innocent spouse relief is possible.  To qualify: (1) You must have filed a joint return which has tax errors caused by your spouse, (2) You did not know when you signed the return that there was an understatement of tax and (3) It would be unfair to hold you liable for taxes taking into consideration all the facts and circumstances.

Innocent spouse relief can reduce all of the tax, interest and penalties of the items reported incorrectly.  You will be held responsible for joint liabilities that were reported correctly that generated a tax debt owed.  On these debts the IRS can collect from either spouse in whole or in part.

To file a claim for innocent spouse relief, you must submit IRS form 8857.  Professional assistance will help you to provide the facts and circumstances of your case in the most favorable light.  Claims submitted can take several months for the IRS to make a decision.

Scott Allen E.A.

Tax Debt Advisors, Inc.

 

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