How to get an IRS Tax Levy Released
by roni deutch
The IRS sends the levy notice to the taxpayer’s bank, which orders the bank to hold the money in the taxpayer’s account(s) for 21 days. The bank is legally obligated to honor the levy. No one can access the funds during this period. The 21-day period provides an opportunity for the taxpayer or his/her representative to contact the IRS and negotiate for a release of the funds controlled by the levy. Once the 21-day period passes, the funds are remitted to the IRS.
Any money deposited after the receipt of the levy is not frozen by the levy. The taxpayer should have full access to the deposited funds. The IRS can only get any subsequent funds deposited by a taxpayer after issuing another bank levy.
Releasing an Income Levy
The IRS will not release an income levy unless a taxpayer resolves his or her back tax liability. The taxpayer can resolve his or her back tax liability through Full Payment, an Offer in Compromise, an Installment Agreement, or through placement in Currently Not Collectible status.
Thus, for the most part, a taxpayer does not need not engage in any special process to release an income levy. However, a taxpayer does need to respond quickly to any IRS requests for documents, so that their case can be resolved before the a levy is imposed.
Releasing a Bank Levy – Extreme Financial Hardship
Because a bank levy is a one-time event and the amounts within bank accounts are typically small, the IRS will not always release a bank levy after entering into an Installment Agreement or proving a financial hardship (i.e. Currently Not Collectible status). Instead, the IRS will typically release a bank levy only if the taxpayer is experiencing an “extreme financial hardship.”
An “extreme financial hardship” occurs when the funds within the bank account are needed for a specific reason. The reason must relate to allowable expenses, which are those expenses necessary for the health or welfare of the taxpayer, or for the production of income. Usually, if proven, the IRS will release the bank levy up to the amount necessary to pay for the allowable expense.
Here are some examples that could demonstrate an extreme financial hardship:
• Notice of Eviction
• Notice of Foreclosure
• Shut-Off Notice (i.e. electricity, water, phone, etc.)
• Notice of Repossession
• Upcoming Medical Procedures
• Necessary Travel Expenses for Employment
• Payroll for Business
Releasing a Levy through Filing an Offer in Compromise
You can also get a levy released by filing an Offer in Compromise. However, the IRS will only release a levy after an Offer in Compromise has been “deemed processable” by the IRS Centralized Offer in Compromise (COIC) Unit. This means that the IRS COIC Unit has determined that the filed Offer in Compromise has met all procedural requirements.
Unfortunately, releasing a levy through filing an Offer in Compromise is not an exact science. A taxpayer must rely upon the IRS COIC Unit to notify the department that issued the levy (i.e. ACS, Revenue Officer, etc.) that it has received a processable Offer in Compromise. A taxpayer must also rely upon the IRS COIC to ask that department to release the levy so that IRS COIC may accurately consider the taxpayer’s financial situation.
The Roni Deutch Tax Center is one of the nation's hottest income tax franchise. Income tax preparation is a recession resistant industry. Learn more about this new tax franchise opportunity today.
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IRS Back Tax Prevention Tips for Senior Citizens
by roni deutch
Make Work Pay Credit
While the “making work pay” credit proposes it will cut taxes for 95% of families, there is an interesting loophole for senior citizens, which is causing some to end up with unforeseen back tax liabilities. According to the law, non-working senior citizens—in addition to retired railroad workers and disabled veterans—cannot claim the full credit. The problem is that the credit automatically adds 6.25% of earned income to taxpayer’s paychecks. Therefore, if you are a senior citizen who does not qualify for the full credit, then you will need to make sure to change your withholdings to prevent owing a tax debt at the end of the year.
Taxes on Social Security income
The IRS has specific guidelines to follow when deciding whether you social security payments are taxable. Accidentally overpaying is okay, but if you make the mistake not to pay taxes on your social security benefits, then it could lead to IRS underpayment fines. These additional penalties, on top of the already owed taxes, can be difficult for struggling seniors to pay come tax time. Next time you receive a check from Social Security, be sure to check the benefit statement to see if you are having any taxes withheld. If you did not have any taxes withheld on social security and you have other sources of income, you may be creating for yourself an underwithholding problem come next tax season. To ensure that you are not creating an underwithholding problem, you should seek the advice of a tax professional. The tax professional can review your financial situation to determine whether you need to up your withholding to cover your expected tax liability.
Pension
When receiving pensions, you may have a hard time deciding how much to withhold, or if you want or need to withhold anything at all. Whether you should have taxes withheld from your pension payments depends on your filing status, number of dependents, personal exemptions, additional sources of income, and the amount of retirement payments you receive. If you do need to pay taxes, you need to figure how much to withhold. Withholding too much is not a good idea as you may end up giving the IRS an interest free loan. However, not withholding enough can result in hard-to-estimate taxes at the end of the year, which could lead to back taxes, penalties, and interest if you are not careful.
Be Aware of Deductions & Credits
When preparing your income tax return, it is essential that you take advantage all eligible deductions and credits since they will help to lower your total tax liability. Remember, the IRS has set up a number of deductions and credits directly targeting senior citizen taxpayers. To learn more about tax tips for seniors, check out this article on the RDTC.com blog.
Early Distributions
If you are under 60 years old and need to take an early distribution from a retirement account, then be forewarned that you will likely have to pay an additional 10% tax on the funds withdrawn. However, the tax does not apply to funds from Roth IRAs, and there are various other exceptions to the tax. To learn more, check out the IRS’ list of the top ten facts about taking early distributions from retirement plans.
Accurate Tax Information
The best way to prevent unnecessary tax debts before they occur is to have your returns accurately prepared by a qualified professional. There are several community service programs devoted to helping senior citizens with tax preparation, and the IRS has also set up a free tax-counseling program to provide financial and tax planning advice to seniors all year long.
The Tax Lady Roni Deutch and her law firm Roni Lynn Deutch, A Professional Tax Corporation have been helping taxpayers across the nation find IRS tax relief for over seventeen years. The firm has experienced tax lawyers who can fight IRS tax liens on your behalf.
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The term “levy” is used to describe a number of collection methods the IRS employs. Levies actually redirect funds to the IRS as a repayment of a debt. Following are a few different types of levies:
Wage garnishments actually fall under the levy heading. Wage garnishments redirect a portion of your income directly to the IRS. A garnishment continues until either the debt is repaid, expires, or you successfully negotiate a release. Wages can be a paycheck from your employer, federal payments like Social Security, or if you are an independent contractor, accounts receivable.
Bank levies are one-time events. The IRS freezes assets in an account up to the amount owed plus interest for 21 days then takes those funds to repay your debt. The 21-day period is supposed to allow for resolving account ownership.
Property seizures constitute the most extreme use of a levy, allowing the IRS to actually take and sell your property. This could be a car, or a boat, even a house. Again, this is not terribly common and usually only used in extreme cases.
A levy is an active form of collections, and a taxpayer must be sufficiently warned before the IRS will undertake any type of levy. Generally, they mail several notices with one final 30-day notice. This 30-day period is your window to take action to resolve the debt, or make an appeal. I recommend taking action as soon as the first notice arrives. Fighting a levy takes time for even the most experienced tax attorney or CPA.
A lien, on the other hand, is a passive form of collections. Tax liens essentially “lock” your property (whether a car, or a home, even artwork and jewelry) so that should you sell it, the IRS gets first crack at the proceeds. I often hear from clients asking, “when can you get my lien released?” And the honest answer is, when the debt is paid or expired. You cannot argue to have a lien removed; tax liens stay in place until the debt is repaid in full or expires. Even if you enter into a tax debt resolution with the IRS, such as an Installment Agreement, the lien stays put. This is a security measure protecting the IRS’s interest. However, a tax lien should not impact your life or finances, provided you don’t sell your property.
The Roni Deutch Tax Center is one of the nation's hottest income tax franchise. Income tax preparation is a recession resistant industry. Learn more about this new tax franchise opportunity today.
Top 7 FAQs About IRS Tax Liens
by roni deutch
1. What is an IRS tax lien?
A federal tax lien is the government’s claim on your property as security against an IRS tax debt. Before a lien can be filed, the IRS must notify you and send a notice of payment due. If a delinquent taxpayer refuses to pay the debt after 10 days, then the IRS can create a tax lien for the amount of the debt. Once filed, it will be attached to all of a taxpayer’s property including houses, cars, and even accounts receivable for businesses. The lien also becomes a public document, and will usually affect the recipient’s credit score.
2. How will I know if there is a federal tax lien on my property?
Before the IRS can file a federal tax lien, they will first send you what is called a Notice and Demand for Payment. If no action is taken to resolve the payment due, then the IRS will mail you a Notice of Federal Tax Lien. Legally, this notice must be mailed within 5 days after a tax lien has been filed. They might also try to contact you by telephone, but legally they are required to send you notice via standard mail.
3. What is the difference between a tax lien and a levy?
Although taxpayers frequently confuse tax liens with a levies, they are actually two completely different things. A tax levy is the actual collection of property or assets in order to pay off the debt you owe the IRS. It can take the form of a wage garnishment, a bank levy, or even a property seizure. A tax lien, on the other hand, is a notice that the government has the right ensure payment of the debt by securing the debt against your property. It’s a good idea to think of a tax lien almost as a mortgage against the property, and if you decide to sell it, then the IRS will claim a right to the proceeds of the sale.
4. Why did the IRS file a lien against me?
Tax liens are normally filed against taxpayers who have acquired IRS back tax liabilities. This “taxpayer” could be any individual, but can also be an estate, company, corporation, partnership, association, or trust. Although the exact reasons for the owed back taxes will vary case by case, it is usually the result of unpaid income taxes.
5. How do I get the lien released?
The only way to have a tax lien released is by settling the original tax debt. It will be immediately removed if you pay your debt immediately through a lump sump payment or if you file an Offer in Compromise that is accepted by the IRS. However, if you enter into a monthly payment program with the IRS, such as an Installment Agreement, then the lien will stay in tact until you have satisfied the terms of the agreement. Additionally, if the statute of limitations on the debt expires, then the lien should be automatically removed.
6. What law gives the IRS authority to file a tax lien?
Section 6321 of the Internal Revenue Code gives the IRS the legal authority to file a tax lien. It states: “If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person.”
7. How can I prevent a tax lien?
The best way to avoid a tax lien is to avoid a tax debt in general. This can be accomplished by filing accurate tax returns with the IRS so that you stay 100% compliant. However, if you are already behind on your taxes, then you might want to consider entering into an IRS settlement program such as an Offer in Compromise to avoid getting a tax lien in the future.
The Tax Lady Roni Deutch and her law firm Roni Lynn Deutch, A Professional Tax Corporation have been helping taxpayers across the nation find IRS tax relief for over seventeen years. The firm has experienced tax lawyers who can fight IRS tax liens on your behalf.
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Working through IRS Tax Debt
by Ross H
Tax trouble can come from mistakes, omissions or any other number of directions. How the tax problems arise is not as important as finding the tax help necessary to deal with any tax debt that comes from those problems. You can choose to work through tax debt on your own or you can find a tax professional that can provide you the tax help you need.
Working through IRS Tax Debt
• Get a loan - if you have to owe someone you may feel better owing a bank (or even a family member). Using your equity in your home or even taking out a loan against a car or boat may provide you with the means to settle a tax debt without delay. Interest on an equity loan may actually be tax deductible on the next year's return.
• Get an extension - the IRS will provide extensions to taxpayers that can range from 30 days to 120 days. It will depend on your reasons for requesting an extension but you can put off your tax debt until you are in a better financial place to pay that tax debt.
• Get a payment delay - under special circumstance the IRS will delay the payment of tax debt. The situation must be extreme but even penalties can be waved if a delay is granted.
• Get some tax help – the tax professionals deal with the IRS on a regular basis. Let their knowledge work for your situation. Contact a tax lawyer or financial advisor that can help you work through your IRS tax debt.
The sooner you begin the process of dealing with your IRS tax debt then the easier the process will be. Putting off a tax debt is only going to serve to increase that debt through penalties and interest. Face your IRS tax debt and use these tips to get the tax help that you need.
Ross H writes for Advantagetaxhelp.com. AdvantageTaxHelp can help provide tax relief now. For more information on taxes, use The Tax Foundation.
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How to Get IRS Help and Income Tax Relief
By Michael Rozbruch
With the IRS more aggressively pursuing tax cheats, tax audits are steadily on the rise. In 2008, the IRS collected $56.4 billion in tax revenue - $7.7 billion more than in 2006. Nearly 1.4 million Americans were audited in 2008, just over 1% of all returns filed. Individuals and businesses - both big and small - can be financially crippled in the current economic downturn if they fail to meet their tax obligations.
With Obama proposing to increase the tax enforcement budget and hire hundreds of new IRS agents to crack down on offshore tax dodgers and under-reported income, it's important for taxpayers to know how to prevent or resolve tax audits and avoid financially debilitating levies.
Whether you underreport some, most, or all of your income, the penalties are severe. Additionally, the IRS will consider you a tax cheat and you will be guilty of tax evasion for even the smallest amount of underreported income.
With the growing federal deficit, proposed government bail out plans, and a push to close the $345 billion tax gap, we will be seeing stepped up enforcement by tax collectors who are likely to focus their compliance efforts on small businesses.
Business owners tend to be the biggest group of tax evaders, particularly during economic downturns, and there are far too many business owners looking over their shoulders in fear of the IRS.
In the current economic downturn, we are seeing many struggling businesses falling behind on payroll tax deposits. And business owners need expert tax representation to protect the future of their companies and avoid IRS levies on their wages, bank accounts and customer receivables.
Several states have already started putting more money and personnel into cracking down on tax cheats - large and small - to cut into their growing budget deficits. They have sent letters out to small businesses warning them of the consequences of not collecting or remitting state payroll and sales taxes.
The good news is that in anticipation of this newly aggressive tax enforcement, the IRS is offering taxpayers unprecedented opportunities to resolve their tax problems.
For instance, the IRS is offering temporary amnesty to those taxpayers hiding money overseas in a new voluntary disclosure process. Taxpayers who come forward will face fines, penalties and interests - but the IRS will waive all criminal charges.
Geitner made a voluntary disclosure for $34,000 in back taxes to the IRS just days before he was nominated for Treasury Secretary. Taxpayers need to take advantage of special considerations being offered by the IRS in this weak economy to make a voluntary disclosure or negotiate a tax settlement that can help them avoid significant financial problems in the long run.
One way recession-burdened Americans can settle back taxes is by negotiating an [http://www.taxresolution.com/payment-plans.asp]Installment Agreement with the government that that allows payment of liabilities over time. And now, if a taxpayer with an existing payment plan is worried about missing a installment because of a job loss or other financial hardship, the IRS has assured the public that a missed payment will no longer lead to an automatic end (default) to that agreement.
There's a solution to every problem, but you will need a seasoned and experienced tax professional who is a Certified Tax Resolution Specialist, in addition to just being an attorney, CPA or Enrolled Agent to help you reduce your IRS debt and professionally represent you. A professional and ethical company can help you qualify for an offer in compromise settlement, negotiate an abatement of penalties due to reasonable cause, or find another solution that fits your situation and permanently solves your IRS problems for the lowest amount under the law.
Michael Rozbruch is one of the nation's leading tax experts. A Certified Tax Resolution Specialist (CTRS), licensed CPA in the state of Maryland, and the founder of Tax Resolution Services, he helps individuals and small businesses solve their IRS problems and is dedicated to educating the public on tax planning and other strategies for managing their personal and business finances. For more information on resolving tax audits or to get professional tax advice on reducing your IRS debt, visit http://www.taxresolution.com for a free tax relief consultation or call 866-IRS-PROBLEMS.
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When to Hire a Tax Lawyer
By Manuel Davis Jr.
The thought of hiring a tax lawyer may not mean much to you right now, but this could change on a moment's notice. You never know when your taxes will come to a point where a lawyer is needed. Dealing with the IRS in the proper way is important. If you don't do what they ask, as well as what is best for you, it would be easy to get lost and end up owing more money than you should be paying.
The best time to use a tax lawyer is when you owe a lot of money to the IRS. If you only owe them a few dollars and you know you can pay it is usually easy enough to do so on your own. But on the other hand, there are people who owe tens of thousands of dollars in back taxes and are trying to get in the best possible position. Does this sound like you? If so, now is the time to hire a tax lawyer.
There are additional reasons to hire a tax lawyer. They can be anything from a related issue with the IRS, such as being accused of fraud, to a less serious issue such as an audit. You can hire a tax lawyer for many reasons as long as you can find a professional who is willing to take you on as a client. While you should be mainly concerned with hiring a tax lawyer for serious situations, it is you right to do so whenever you see fit.
In general terms, you should hire a tax lawyer when you need professional help. You don't always need a lawyer to help you, but there are times when it will make your situation less stressful while also increasing your chances of getting what you are after.
Hiring a tax lawyer is your choice. The IRS can be a scary entity, but with the help of a qualified lawyer you will feel better about your situation. You can hire a tax lawyer whenever you want, and it is important to do so whenever a situation comes up that needs professional help.
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Connect with the best tax professional to resolve your tax problems.
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Tax Relief by Hiring a Tax Professional
ByManuel Davis Jr.
Sometimes finding tax relief is not as easy as it sounds. Even if you know how much money you owe and have every intention of paying you may run into obstacles along the way that confuse the situation. This is when hiring a professional may be the best thing to do. You should think long and hard about hiring a tax professional if the IRS is on your trail and you don't know what to do next.
Here are three tips for hiring a professional who can help you find tax relief:
1. Hire somebody with experience. Not every tax professional is qualified to handle your situation. There are some that do nothing more than file returns, but others who know more about the ins and outs of the IRS such as an enrolled agent. Your situation will dictate what type of professional you hire.
2. Ask the right questions. Before you sign on with a pro ask questions pertaining to your situation, as well as your options for tax relief. You will know from the very start if they know what they are talking about or if you need to move on.
3. Find out how much it will cost. Yes, you need to find tax relief in one way or the next but you cannot pay too much if you don't have the money. Make sure you are getting a good deal from the tax professional that you are going to hire. It is a good idea to know just how much he is charging before you sign on the dotted line. Furthermore, make sure they do not have any retainer fees. Just ask.
You can find tax relief by hiring a tax professional. No matter where you live there are a variety of professionals who can help you find relief and bring your account back into good standing. If you cannot solve your problems on your own, hire an IRS expert who knows a thing or two about tax relief and what options are best for you.
If you think you need a little help with your tax problem, understand the different types of <a target="_new" href="www.backtaxeshelp.com http:>tax'>www.backtaxeshelp.com http:>tax'>http://www.backtaxeshelp.com/Tax_Professional.html">tax relief professionals</A>, and what the benefits of each.
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Unpaid Taxes - Get Your Options
By Manuel Davis Jr.
If you owe the IRS money you can be sure that they will find you soon enough. Unpaid IRS taxes are something that the Internal Revenue Service takes seriously. Are you worried that your unpaid taxes are going to come back to get you? If so, you are probably right. You need to know your options for paying unpaid taxes, including what will be best and quickest for somebody in your position.
Even though it may take the IRS some time to find that you owe taxes they will come across your account soon enough. Remember, you are not the only person in the country paying taxes. It can take a while to get caught, but when you do you can be rest assured that the IRS is going to ask for their money or move forward with taking it from you.
To take care of unpaid taxes the first step is finding out how much you owe. To go along with this, you need to know how much of this debt you can pay. Do you have the money in your possession to may your unpaid taxes? If not, your situation will become more complex because you will have to find a way to pay over time.
The notice that you receive from the IRS telling you that you have unpaid taxes should also offer information on exactly how much you owe. This is the number that should be most important to you. If you pay this amount in full your account will be moved into good standing, and you do not have to worry about a levy, lien, etc.
You have many options for dealing with and paying IRS taxes that were unpaid including paying what you owe in full, hiring a professional to help you out, or settling for less than what you owe.
Owing unpaid IRS tax is a big deal. You may be slipping through the cracks right now, but soon enough the IRS will find you and demand that they get paid. How you face your unpaid taxes will determine the end result.
If you have [http://www.backtaxeshelp.com/unpaid_taxes.html]unpaid IRS taxes and need more guidance in terms of your next steps to resolving and possibly settling taxes visit the link. Being proactive is the first step to preventing more interest and penalties and getting your taxes in a payment plan or paid off.
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