Offer in Compromise

The IRS Offer in Compromise program allows taxpayers to settle their IRS taxes for less, or often much less than you owe (or what the IRS claims you owe.)

Internal Revenue Code authorizes the IRS, to accept less than full amount of tax liability owed in any IRS civil or criminal case arising under the tax laws prior to the case's referral to the Department of Justice. For an IRS Offer in Compromise to be accepted, the taxpayer must establish to the satisfaction of the IRS that the taxpayer either: has no means of paying the tax, or does not actually owe the taxes.

The IRS will accept an Offer in Compromise when it is unlikely that the tax liability can be collected in full and the amount of the IRS Offer in Compromise reasonably reflects collection potential. An Offer in Compromise is a legitimate alternative to declaring a case as currently not collectible, or to a protracted installment agreement. The goal is to achieve collection of what is potentially collectible at the earliest possible time and at the least cost to the government.

Wage Garnishment and IRS Levy

Wage garnishment and IRS Levy stays in effect until the tax is fully paid or until the IRS agrees to release garnishment. IRS frequently uses garnishment to collect taxes owed through your employer. Once the IRS garnishment is filed, the employer is required to collect a percentage of each paycheck. Wage garnishments require that a large percentage of taxpayer's wages be turned over directly to the IRS.

The amount that the IRS can keep from any wage garnishment is based on your marital status and number of dependents. Basically the IRS keeps most of the money from garnishment. The amount of your income that is exempt from an IRS wage garnishment is figured by adding the standard deduction you can claim on your taxes and the amount you can claim for exemptions, divided by 52. A family of three subject to a wage garnishment will only be allowed to keep about $325 per week.


IRS Tax Lien Help

The IRS has the power to collect back taxes by levying on taxpayers' property as a result of a tax lien. When a person owes back taxes, the IRS gains a federal tax lien on all that person's assets after meeting certain statutory requirements. The IRS tax lien attaches to all rights, title and interest of the taxpayer. Once the IRS has a tax lien on all of a taxpayer's assets, the IRS may enforce that tax lien by administratively levying his or her assets.

An IRS tax lien is filed by the government to protect its interests. Recorded with one or several county recorders, a tax lien basically tells the world that you owe back taxes to the IRS, and is generally devastating to the taxpayer's credit. IRS tax lien makes it very difficult to obtain credit or to sell real estate.

The effect of the Federal Tax Lien statute is that when any person fails to pay any assessment of tax, plus interest, penalties, or costs, a tax lien in favor of the IRS arises upon all property, whether real or personal, tangible or intangible, belonging to the taxpayer. Even if the taxpayer makes partial payment, a tax lien will arise for the balance of the tax.

IRS Payroll Taxes & Trust Fund Recovery Penalty

Congress enacted the Trust Fund Recovery Penalty statute to encourage prompt payment of withheld and other collected payroll taxes by allowing the IRS to assert a liability against responsible third parties [IRC 6672]. The amount of the penalty imposed by the statute for failure to comply with its provisions is measured by the payroll taxes required to be collected or collected and not paid over. That is why the liability is referred to a "100% Penalty." The IRS Penalty is civil in nature, not criminal.

Filing Late Tax Returns

Many taxpayers do not file IRS tax returns because they do not have the money to pay the balance due on the tax return. Our tax attorneys strongly believe that in most circumstances, filing the missing IRS tax returns is in the best interest of the client. Although there are numerous reasons for timely filing of the IRS tax returns, the IRS can impose a penalty up to 25% of the tax due on a late tax return.
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