Have You Failed to Report or Pay Any Taxes?

February 26th, 2011

The articles from this website are provided solely for the purpose of disseminating and sharing of important information related to a variety of topics.  In the United States the timely filing of required tax returns and the payment of the associated taxes are not an option.

Although every American may have a different opinion, my own experience has lead me to conclude that our nation has been in a downward recessionary spiral since the year 2000.  There have been a myriad of outcomes and associated adverse economic impacts which have already occurred or are still occurring throughout our nation, including (but not limited to):  a)  job losses, b) unacceptably high unemployment, c) unprecedented losses in the housing market, d) the transfer of jobs overseas which were previously filled in America, e) an erosion of the customer base for most businesses, f) personal and business failures (bankruptcy), and g) a significant loss of available working capital (businesses) or available cash after monthly living expenses have been paid (individuals).  

One of the related outcomes from one of more of the above situations is a failure to file all of the required tax returns in a timely manner (on or before the required due date), and failing to make the required tax deposits and/or pay the required taxes when due.  This article is intended to provide important information for you when either or both of these events has occurred.

Before proceeeding, there is a special major category of taxes that requires a separate discussion.  This category is “Payroll Taxes.”  Anyone who withholds payroll taxes for another person (i.e. your employee) is considered to be a “fiduciary” and one who holds assets for another person is a “trustee.”   Therefore, a fiduciary is a person who holds assets in trust for a beneficiary. It is illegal for a fiduciary to misappropriate money held in trust for someone else for personal gain.  From page 3-47 of the Thomson-Reuters “Write Up Services” manual “The IRS can also assess a penalty equal to 100% of the taxes due if the employer does not withhold or remit employment taxes.  The penalty can be assessed on any person that the IRS determines is (a) responsible for collecting, accounting for, and paying the taxes, and (b) acted willfully in not doing so.  Thus the penalty can be lievied against the company (or organization), or an officer or employee of the company (or organization)” (   ) additional entity added.

If you are in a situation which is described above, there may be courses of action which you can follow to successfully resolve the matter and move yourself back to a position of “compliance with all of the Federal and state laws.”  Generally speaking, the following events either have already occurred, are in the process of occurring, or will occur:

  • You failed to file your tax returns and/or pay the associated taxes when required by law.
  • You have received a notification letter in the mail from the “taxing authority” (Federal or state).  In the upper right hand corner of the notice is a  Notice Number.  This code provides specific information on the cause for the notification. 
  • The body of the letter provides you with a specific period of time in which to respond (i.e. usually 30-60 days).  Even if you can not presently pay the taxes, don’t fail to respond to this notice.  It will only make matters worse for you.
  • Depending on the decisions that you make and the events that occur after you receive the notification letter, you may:  a) file the delinquent report(s) and pay the taxes which are due, plus interest and penalties, b) execute an installment agreement with the taxing authority, c) mutually resolve the matter via an “Offer In Compromise” with the taxing authority, d) the taxing authority will place a “lien” against any and all of the property that you own to satisfy the delinquent taxes, interest and penalties, or e) liquidate all of the seized assets to satisfy the lien

You should certainly consult with and engage the services of a CPA, but preferably a tax attorney,who will act as your representative, IF your situation can not be successfully resolved via options a) through c) above.  This representative should have an extensive background and experience in the successful resolution of tax matters exactly as yours.

IRS Announces New Effort to Help Struggling Taxpayers Get a Fresh Start; Major Changes Made to Lien Process
 
IR-2011-20, Feb. 24, 2011WASHINGTON — In its latest effort to help struggling taxpayers, the Internal Revenue Service today announced a series of new steps to help people get a fresh start with their tax liabilities.The goal is to help individuals and small businesses meet their tax obligations, without adding unnecessary burden to taxpayers. Specifically, the IRS is announcing new policies and programs to help taxpayers pay back taxes and avoid tax liens.“We are making fundamental changes to our lien system and other collection tools that will help taxpayers and give them a fresh start,” IRS Commissioner Doug Shulman said. “These steps are good for people facing tough times, and they reflect a responsible approach for the tax system.”Today’s announcement centers on the IRS making important changes to its lien filing practices that will lessen the negative impact on taxpayers. The changes include:

  • Significantly increasing the dollar threshold when liens are generally issued, resulting in fewer tax liens.
  • Making it easier for taxpayers to obtain lien withdrawals after paying a tax bill.
  • Withdrawing liens in most cases where a taxpayer enters into a Direct Debit Installment Agreement.
  • Creating easier access to Installment Agreements for more struggling small businesses.
  • Expanding a streamlined Offer in Compromise program to cover more taxpayers.

“These steps are in the best interest of both taxpayers and the tax system,” Shulman said. “People will have a better chance to stay current on their taxes and keep their financial house in order. We all benefit if that happens.”

This is another in a series of steps to help struggling taxpayers. In 2008, the IRS announced lien relief for people trying to refinance or sell a home. In 2009, the IRS added new flexibility for taxpayers facing payment or collection problems. And last year, the IRS held about 1,000 special open houses to help small businesses and individuals resolve tax issues with the Agency.

Today’s announcement comes after a review of collection operations which Shulman launched last year, as well as input from the Internal Revenue Service Advisory Council and the National Taxpayer Advocate.

Tax Lien Thresholds

The IRS will significantly increase the dollar thresholds when liens are generally filed. The new dollar amount is in keeping with inflationary changes since the number was last revised. Currently, liens are automatically filed at certain dollar levels for people with past-due balances.

The IRS plans to review the results and impact of the lien threshold change in about a year.

A federal tax lien gives the IRS a legal claim to a taxpayer’s property for the amount of an unpaid tax debt. Filing a Notice of Federal Tax Lien is necessary to establish priority rights against certain other creditors. Usually the government is not the only creditor to whom the taxpayer owes money.

A lien informs the public that the U.S. government has a claim against all property, and any rights to property, of the taxpayer. This includes property owned at the time the notice of lien is filed and any acquired thereafter. A lien can affect a taxpayer’s credit rating, so it is critical to arrange the payment of taxes as quickly as possible.

“Raising the lien threshold keeps pace with inflation and makes sense for the tax system,” Shulman said. “These changes mean tens of thousands of people won’t be burdened by liens, and this step will take place without significantly increasing the financial risk to the government.”

Tax Lien Withdrawals

The IRS will also modify procedures that will make it easier for taxpayers to obtain lien withdrawals.

Liens will now be withdrawn once full payment of taxes is made if the taxpayer requests it. The IRS has determined that this approach is in the best interest of the government.

In order to speed the withdrawal process, the IRS will also streamline its internal procedures to allow collection personnel to withdraw the liens.

Direct Debit Installment Agreements and Liens

The IRS is making other fundamental changes to liens in cases where taxpayers enter into a Direct Debit Installment Agreement (DDIA). For taxpayers with unpaid assessments of $25,000 or less, the IRS will now allow lien withdrawals under several scenarios:

  • Lien withdrawals for taxpayers entering into a Direct Debit Installment Agreement.
  • The IRS will withdraw a lien if a taxpayer on a regular Installment Agreement converts to a Direct Debit Installment Agreement.
  • The IRS will also withdraw liens on existing Direct Debit Installment greements upon taxpayer request.

Liens will be withdrawn after a probationary period demonstrating that direct debit payments will be honored.

In addition, this lowers user fees and saves the government money from mailing monthly payment notices. Taxpayers can use the Online Payment Agreement application on IRS.gov to set-up with Direct Debit Installment Agreements.

“We are trying to minimize burden on taxpayers while collecting the proper amount of tax,” Shulman said. “We believe taking away taxpayer burden makes sense when a taxpayer has taken the proactive step of entering a direct debit agreement.”

Installment Agreements and Small Businesses

The IRS will also make streamlined Installment Agreements available to more small businesses. The payment program will raise the dollar limit to allow additional small businesses to participate.

Small businesses with $25,000 or less in unpaid tax can participate. Currently, only small businesses with under $10,000 in liabilities can participate. Small businesses will have 24 months to pay.

The streamlined Installment Agreements will be available for small businesses that file either as an individual or as a business. Small businesses with an unpaid assessment balance greater than $25,000 would qualify for the streamlined Installment Agreement if they pay down the balance to $25,000 or less.

Small businesses will need to enroll in a Direct Debit Installment Agreement to participate.

“Small businesses are an important part of the nation’s economy, and the IRS should help them when we can,” Shulman said. “By expanding payment options, we can help small businesses pay their tax bill while freeing up cash flow to keep funding their operations.”

Offers in Compromise

The IRS is also expanding a new streamlined Offer in Compromise (OIC) program to cover a larger group of struggling taxpayers.

This streamlined OIC is being expanded to allow taxpayers with annual incomes up to $100,000 to participate. In addition, participants must have tax liability of less than $50,000, doubling the current limit of $25,000 or less.

OICs are subject to acceptance based on legal requirements. An offer-in-compromise is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. Generally, an offer will not be accepted if the IRS believes that the liability can be paid in full as a lump sum or through a payment agreement. The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay.

Related Items:

  • IRS Begins Tax Season 2009 with Steps to Help Financially Distressed Taxpayers; Promotes Credits, e-File Options ( IR-2009-2)
  • IRS Speeds Lien Relief for Homeowners Trying to Refinance, Sell ( IR-2008-141)

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Posted in Business Owners, Individual Taxpayers, Investment & Retirement | Comments Off on Have You Failed to Report or Pay Any Taxes?

Posted by Bill Seabrooke

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