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The IRS is very aggressive in their collection attempts for past due
payroll taxes. The penalties assessed on delinquent payroll tax deposits
or filings can dramatically increase the total amount owed in a matter
of months. We believe that it is critical to have a CPA, Attorney, or
Enrolled Agent represent taxpayers in these types of situations. How you
answer the first five questions asked by the IRS may determine whether
you stay in business or are liquidated by the IRS. You should avoid
meeting with any IRS representatives regarding payroll taxes until you
have met with a professional to discuss your options.
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The IRS can make your life miserable by filing federal tax liens.
Federal Tax Liens are public records that indicate you owe the IRS
various taxes. They are filed with the County Clerk in the county from
which you or your business operates. Because they are public records,
they will show up on your credit report. This often makes it difficult
for a taxpayer to obtain any financing on an automobile or a home.
Federal Tax Liens can also tie up your personal property and real
estate. Once a Federal Tax Lien is filed against your property you
cannot sell or transfer the property without a clear title. Often
taxpayers find themselves in a Catch-22 where they have property that
they would like to borrow against, but because of the Federal Tax Lien,
they cannot get a loan.
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An IRS levy is the actual action taken by the IRS to collect taxes. For
example, the IRS can issue a bank levy to obtain your cash in savings
and checking accounts. Or, the IRS can levy your wages or accounts
receivable. The person, company, or institution that is served the levy
must comply or face their own IRS problems. The additional paperwork
this person, company or institution is faced with to comply with the
levy usually causes the taxpayer's relationship to suffer with the
person being levied. Levies should be avoided at all costs and are
usually the result of poor or no communication with the IRS.
When the IRS levies a bank account, the levy is only for
the particular day the levy is received by the bank. The bank is
required to remove whatever amount is available in your account that day
(up to the amount of the IRS levy ) and send it to the IRS in 21 days
unless notified otherwise by the IRS. This type of levy does not effect
any future deposits made into your bank account unless the IRS issues
another Bank Account Levy.
An IRS Wage Levy is different. Wage levies are filed
with your employer and remain in effect until the IRS notifies the
employer that the wage levy has been released. Most wage levies take so
much money from the taxpayer's paycheck that the taxpayer doesn't have
enough money to live on.
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The IRS can audit you by mail, in their office, or in your home or
office. The location of your audit is a good indication of the severity
of the audit. Typically, correspondence audits are for missing documents
in your tax return that IRS computers have attempted to find. These
usually include W-2's and 1099 income items or interest expense items.
This type of audit can be handled through the mail with the correct
documentation. The IRS office audit is usually with a Tax Examiner who
will request numerous documents and explanations of various deductions.
This type of audit may also require you to produce all bank records for
a period of time so that the IRS can check for unreported income. The
IRS audit scheduled for your home or office should be taken more
seriously due to the fact that the IRS Auditor is a Revenue Agent.
Revenue Agents receive more training and auditing techniques than a
typical Tax Examiner. All IRS audits should be taken seriously because
they often lead to other tax years and other tax deductions not
originally stated in the audit letter.
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The IRS has extension powers when it comes to Seizure of Assets. These
powers allow them to seize personal and business assets to pay off
outstanding tax liabilities. This occurs when taxpayers have been
avoiding the IRS. The IRS attempts to collect amounts owed with a
seizure as the ultimate act of their collection efforts.
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The IRS wage garnishment is a very powerful tool used to collect taxes
owed through your employer. Once a wage garnishment is filed with an
employer, the employer is required to collect a large percentage of each
paycheck. The paycheck that would have normally been paid to the
employee, will now be paid to the IRS. The wage garnishment stays in
effect until the IRS is fully paid or until the IRS agrees to release
the garnishment.
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Taxpayers fail to file required tax returns for many reasons. The
taxpayer must be aware that failure to file tax returns may be construed
as a criminal act by the IRS. This type of criminal act is punishable by
one year in jail for each year a tax return was not filed. Needless to
say, it's one thing to owe the IRS money but another thing to
potentially lose your freedom for failure to file a tax return. The IRS
may file "SFR" (Substitute For Return) Tax Returns for you.
This is the IRS's version of an unfiled tax return. Because SFR returns
are filed in the best interest of the government, the only deductions
you'll see are standard deductions and one personal exemption. You will
not get credit for deductions which you may be entitled to such as
exemptions for spouses, children, interest and taxes on your home, cost
of any stock or real estate sales, and business expenses, etc.
Regardless of what you have heard, you have the right to file your
original tax return no matter how late it's filed.
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The IRS penalizes millions of taxpayers each year. They have so many
penalties that it's hard to understand which penalty they are hitting
you with.
The most common penalties are: Failure to File and
Failure to Pay. Both of these penalties can substantially increase the
amount you owe the IRS in a very short period of time. To make matters
worse the IRS charges you interest on penalties.
Taxpayers often find out about IRS problems many years
after they have occurred. This causes the amount owed to the IRS to be
substantially greater due to penalties and interest.
Some IRS penalties can be as high as 75%-100% of the
original taxes owed. Often taxpayers can afford to pay the taxes owed,
however the extra penalties make it impossible to pay off the entire
balance.
The original goal of IRS imposing penalties was to
punish taxpayers in order to keep them in line. Unfortunately they have
turned into additional sources of income for the IRS. The IRS does abate
penalties. Therefore before you pay the IRS any penalty amounts, you may
want to consider requesting the IRS to abate your penalties.
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