Regular Post
Written by Scott Allen

How does the IRS file substitute tax returns? From Tax Debt Advisors, Inc.

IRS File Substitute Tax Returns (SFR)

The IRS SFR (Substitute For Return) unit will match all income reported to your social security number including W-2’s, K-1’s, 1099’s, etc.  If you last return filed was a joint return, the IRS will file an SFR as married filing separate which will put you in a higher tax bracket.  You will not be given credit for any dependents, or deductions.  Many clients avoid filing back tax returns because they have lost or never received due to a move records needed to file a return.  I am able to retrieve all the records that were report to the IRS.  Once those are available, you will be better able to locate records that will reduce your tax liability along with interest and penalties.  The hardest part is making the decision to get started.  Call me today for a free confidential initial consultation. I will be your IRS Power of Attorney representation from beginning to end.

Scott Allen, E.A. – Tax Debt Advisors, Inc helping Arizona taxpayers with SFR representation

www.TaxDebtAdvisors.com

 

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

My Offer in compromise was rejected, can I appeal? From Tax Debt Advisors, Inc.

IRS Offer in Compromise Rejected

Sadly, most of the offers that are filed by the large “offer in compromise mills” were never legitimate Offers.  I don’t need to mention any names but if you see them on TV or on the Radio and the person doing the work is in another state or only one state for the whole nation, you should be leery—get a second opinion.  Even better call me for your second opinion, FIRST!

Let’s assume you have a valid offer that was filed by someone other than me.  Why are you calling me?  If you can’t get the company to return your phone calls, or suggest that they file and appeal, it is probably not a valid Offer and the company that filed your Offer knows that.  I suggest you file a complaint to the attorney general in the state and get someone else to review your Offer.

Many Offers that were valid when submitted are no longer valid when the time for determination of validity is completed several months later.  If that is the case, you are out of luck and you should not file an appeal.  However, assuming your Offer is still valid, an appeal should be promptly filed within 30 days of the official rejection letter on IRS Form 13711.

If you Offer was rejected because of a neglect on the part of your representative during the Offer process, it is unlikely the Appeals process will work and a new Offer will have to be submitted.

I don’t want to sound negative but less the truth is less than 5% of the rejected Offers I have reviewed were ever valid—NOT EVEN ON THE DATE THEY WERE SUBMITTED!  If this is the case, I will review four other settlement options and together we will decide which one is best for you—THAT WILL WORK!

Scott Allen, E.A. – Tax Debt Advisors, Inc for filing successful IRS Offer in Compromise in the Phoenix Arizona area

www.TaxDebtAdvisors.com

 

IRS Problems, Offer In Compromise, Tax Debt, Tax Levy
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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

Are You Losing Your IRS Refunds Every Year?

Losing IRS Refunds

Are you getting tired of having refunds every year applied towards your unpaid taxes?  The solution is rather simple.  If you are an employee, change your withholdings so that you are having less withheld.  I always tell clients in this situation that the best you can do is own $1 on future tax returns.  When you have refunds you are in essence making an interest free loan on the money to the government.

Secondly, if you are married and filing jointly, you can protect your refund by filing an Injured Spouse Allocation—form 8379.  This will allow you to calculate how much of the refund was generated by you and you can have it paid to you rather than have it applied to a debt that is not yours.  Too many taxpayers are filing married filing separate to protect the injured spouse’s refund.  This is a very expensive way to protect a refund.  Many deductions and credits are lost by filing married filing separately and the taxpayer would get more of a refund filing a joint return with the Injured Spouse Allocation.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

IRS Appeals, IRS Problems, Tax Debt, Unfiled Tax Returns
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Regular Post
Written by Scott Allen

Is my spouse responsible for my LLC tax debts?

LLC Tax Debts

The answer to this question depends on the fact and circumstances of each individual situation.  There are times when a spouse would not be responsible and there are other situations where the spouse is definitely responsible.

Here are some circumstances that would be factors:

Arizona is a community property state.  That means that both the IRS and the Arizona Department of Revenue can consider the income from both spouses to be considered earned 50/50 by each spouse even if they file separate returns.

LLC’s can be taxed as sole proprietorships, partnerships, C corporations or S corporations.  The type of entity you have elected to be taxed as will have an impact of a spouse’s liability of the LLC tax debt.

The type of tax is critical.  If it is payroll taxes and the spouse was preparing the payroll and had check signing authority would make the spouse responsible even if they were not an actual owner of the business.

Ownership is also a critical factor.  If both spouses are listed as owners and/or officers, then the likelihood of both spouses being held responsible for the taxes is most likely.

Dates of marriage and/or divorce of the marriage will affect the chances of the “innocent spouse” being held responsible or not responsible for LLC tax debts.

There are many other factors that can affect the spouse’s responsibility for tax debt.  It is best to consult with a knowledgeable tax representative to get a specific answer based upon the facts and circumstances of your situation.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

IRS Problems, Payroll Tax Problems, Tax Debt
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Regular Post
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

 

IRS Appeals, IRS Problems, Tax Debt, Unfiled Tax Returns
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Regular Post
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

 

IRS Problems, Tax Bankruptcy, Tax Debt
0
Regular Post
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

IRS Levy, IRS Problems, Tax Debt
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Regular Post
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

 

IRS Problems, IRS Tax Payment Plan, Tax Debt
0
Regular Post
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

 

IRS Problems, Tax Debt, Tax Levy
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