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Chicago – Discharge Taxes in Bankruptcy

June 4, 2013 by admin

Steven A. Leahy

Chicago – Discharge Taxes in Bankruptcy

What You Need to Know about Tax Bankruptcy in Chicago

Since bankruptcy can have a long-term negative impact on your financial life, it might be a big mistake to seek bankruptcy protection as a tax-relief option…if in the end it doesn’t relieve the tax pressure that you were seeking
to relieve in the first place.

In order to discharge taxes in bankruptcy it must meet these criteria:

1. The tax debt must be related to a return that was due at least 3 years prior to the taxpayer declaring bankruptcy

2. The tax debt must be related to a tax return that was filed at least 2 years before the taxpayer files bankruptcy

I know that the above 2 conditions are a bit confusing. Let’s see if I can clear it up a bit:

For example – if you file bankruptcy in 2007, the tax debt that you are trying to eliminate should be from a return
due in 2004 or before (meeting the requirement of #1).

If you wish to eliminate the debt due in 2004, you must have filed the return at least by 2005, which would meet the requirement in #2.

In other words, if you filed the taxes due in 2004 returns late (say in 2006), you would not be able to eliminate the debt in bankruptcy in 2007, since 2 years had not yet passed since the return had been filed.

Think that’s complicated?

That’s only the beginning. There are many complicated rules when it comes to getting your tax debt taken care of in a bankruptcy. If you are in trouble with the IRS or have received notices that you owe taxes, we can help. Call Opem Tax Resolution – The Law Office of Steven A. Leahy, PC (312) 664-6649. Call Now to schedule your FREE 1 hour Consultation!

Filed Under: Uncategorized Tagged With: “Owe Taxes”, back taxes, Chicago Tax Help, Help With IRS, IRS Levy, IRS Lien, irs options, IRS Options Help, IRS problem, IRS Tax Debt, Offer in Compromise IRS, Tax Debts, Tax Help Chicago, tax options Chicago, Tax Problem Help, tax resolution, taxes and bankruptcy

IRS Offer in Compromise

June 4, 2013 by admin

Steven A. Leahy

Chicago: IRS Offer in Compromise

Chicago: IRS Offer in Compromise
Why the IRS is cracking down

There is one method of getting out of debt with the IRS that’s been abused more than any other.

This method, offers-in-compromise, has become downright controversial – so much so that the IRS made changes to the “rules” regarding this debt relief method for both taxpayers and tax relief specialists.

When the act that allowed Offer-in-Compromise passed, it was like a giant Pandora’s box opened up. All of a sudden, late night TV became filled with commercials from Offer-In-Compromise “Pros” promising troubled taxpayers the chance to “pay pennies on the dollar to the IRS”.

These “pros” would fill out the OIC paperwork and send it to the IRS, sometimes ignoring whether a client met the criteria for being accepted or not. Either way, the “pros” got their money…even if the client never had much of a chance of being accepted.

Not only did this practice create a huge number of people getting ripped-off, it may have caused a reduction in the number of Offers-in-Compromise that are actually being accepted by the IRS. On November 1, 2003, the IRS began charging a $150 processing fee for most Offer-In-Compromise proposals.

Also, in February of 2004, they officially issued “a consumer alert advising taxpayers to beware of promoters’ claims that tax debts can be settled for ‘pennies on the dollar’ through the Offer in Compromise Program.”

It seems that “frivolous” proposals – not to mention plenty of complaints by consumers – had been mounting… enough to warrant concern by the IRS.

The IRS has cracked down.

Offers-in-Compromise now only have a 15% chance of success. An offer-in-compromise may still be the right option for you, or there may be better alternatives.

Don’t waste your time, if you are in trouble with the IRS or have received notices that you owe taxes, we can help. Call Opem Tax Resolution – The Law Office of Steven A. Leahy, PC (312) 664-6649. Call Now to schedule your FREE 1 hour Consultation!

Filed Under: Uncategorized Tagged With: “Offer in Compromise”, back taxes, Chicago Tax Help, Help With IRS, IRS Levy, irs non-collectible status, IRS Options Help, IRS problem, IRS Tax Debt, Offer in Compromise IRS, Offer in compromise Settlement, Relief, Tax Debts, Tax Help Chicago, Tax Levies, Tax Levy, tax options Chicago, tax resolution chicago il, TaxHelp

Late Filing Your Taxes? Attorney Steven Leahy Offers Advice

June 1, 2013 by admin

The tax deadline was a few months ago, but what if you missed the April 15th deadline? The most important action you can take at this point is to file as soon as possible. The IRS is already tallying up interest and penalties on the amount you owe and these fees add up fast. The longer you put off filing, the more penalties you will accrue if you owe taxes. Additionally, many people don’t realize that failing to file a tax return is a felony. In other words criminal charges may be filed against you!

The penalty for filing late is approximately 5% of the unpaid taxes you owe for each month (or part of the month) the tax return is late, up to a maximum penalty of 25%. So if you owe $10,000 your first penalty for the month is $500. Not only is there a penalty for failing to file, there is an additional penalty for failing to pay. This penalty is one half of one percent of the unpaid taxes. Similar to the failure to file penalty, this penalty cannot exceed 25% of the net amount of taxes due. Most of my clients are shocked when they learn about the severity of these penalties.

I also want to clarify extensions- what they are and what they aren’t. A lot of people think that an “extension” allows you more time to pay your tax bill. This is NOT true. An extension merely affords you more time to file your return. If you owe taxes that amount is still due April 15th. If you are going to owe money and you file an extension, you also need to send the estimated amount that you will owe in with the extension. For instance if you think you are going to owe $10,000, it was still due April 15th. The extension deadline is October 15th to file.

What if you haven’t filed with the IRS for a couple years? The first priority we face is to get you caught up on your filings. Once we complete that and know the total amount you owe including interest and penalties, I may be able to negotiate with the IRS and get you set up with a payment plan, or we may get an Offer In Compromise in which the IRS agrees to settle for an amount less than what you owe. I handle those negotiations with the IRS for you. It is best for a tax professional to handle these situations because we know how to talk to the IRS. The taxpayer may say things that might not be in their best interest.

On occasion, the IRS will file a tax return on your behalf if you haven’t done so. This is not in your best interest either. They are trying to get you into compliance with the tax code, but usually you end up owing much more than if you filed on your own. The IRS doesn’t itemize any deductions and they use the highest possible tax rate. Letting the IRS file for you is not a good thing to do; you’re just hurting yourself.

The IRS might send a notice if you haven’t filed for some time. If you don’t respond to the first notice, the notices will start coming more often and they’ll start getting more aggressive. If you fail to respond to the notices, eventually you will get a notice that warns you that a levy will be placed on your bank account or your wages because you haven’t paid any attention to previous notices. If it gets to the point where the IRS is threatening to levy bank accounts and wages, they will be aggressive and fairly difficult to deal with. They have already decided you are not willing to cooperate.

If you are in good standing with the IRS or at least working towards getting into compliance, it is wise to begin preparing for 2013 tax time. Check your withholding. Adjust your withholding to have more taxes taken out of your paycheck if you are employed. If self-employed it is best to budget estimated tax payments. Set the money aside throughout the year. It is difficult to part with this money when you run a small business, but you will be much happier and more prepared come April 15th. Also it is helpful to keep detailed records, mileage logs, charity receipts, etc. If you get audited you will wish you had detailed records.

I am here to help you with your tax problems whether you are late in filing, late in paying, or receiving threats from the IRS. I can help you get into compliance and plan for a bright future that is free of IRS problems. Call today and let’s begin working toward resolution together. Call 312-664-6649 and visit https://chicagotaxteam.com/.

Filed Under: Uncategorized Tagged With: chicago il tax resolution, chicago tax resolution, steven leahy, tax resolution chicago, tax resolution chicago il

Chicago – IRS Currently Not Collectible

May 28, 2013 by admin

Steven A. Leahy

Chicago: IRS Currently Not Collectible

Chicago: IRS Currently Not Collectible
What does currently non-collectible by the IRS mean to Chicago taxpayers?

There are 6 ways to get out of debt with the IRS. One of them is to be declared “currently non-collectible”.

There is an important word in that definition. And it’s the word currently.

Currently Non-Collectible means that the IRS considers that your current financial situation makes it impossible for you to pay your taxes and they determine that they can’t collect the money from you…

… at least not for now.

Which means that currently non-collectible is usually just a short-term fix for an IRS problem.

In the end you may still have to pay the taxes you owe. Plus you still may have to pay penalties and interest once your financial situation improves….

You can stay non-collectible indefinitely…

As long as your income doesn’t rise more that 15 to 20%.

However, being non-collectible at the moment doesn’t mean you get out of paying taxes going forward.

The IRS still expects what’s owed them.

In fact, you must pay these future taxes in full and on time or you’ll blow it big time. If you neglect to pay your taxes for future years, or worse – you don’t file…the whole CNC deal is off.

If this happens, the IRS will come after all of the money you owe them, and they may use garnishments, levies, seizures, liens and all of the “nasty” tactics at their disposal to get their money. If you do go for non-collectible status the IRS will put you under close scrutiny.

Chicago IRS Currently Not Collectible. If you are searching for IRS Solutions to your tax problems, or if you have ANY questions about IRS problems, we can help. call Opem Tax Resolution – The Law Office of Steven A. Leahy, PC (312) 664-6649. Call Now to schedule your FREE 1 hour Consultation!

Filed Under: Uncategorized Tagged With: “Tax Relief Chicago”, back taxes, Chicago Tax Help, currently non collectible, Help With IRS, IRS Help, IRS Help Chicago, IRS Help IL, IRS Levy, IRS Lien, irs non-collectible status, irs options, IRS Options Help, IRS problem, IRS Tax Debt, irs tax penalty, IRS Tax Problem, Offer in Compromise IRS, Offer in compromise Settlement, Relief, steven a. leahy, tax attorney chicago, Tax Debt Help, tax debt relief, Tax Debts, Tax Help, Tax Help Chicago, Tax Levies, Tax Levy, tax options Chicago, tax resolution, tax resolution chicago il, Tax-Consultants, TaxHelp

Chicago – IRS Solutions

May 21, 2013 by admin

Steven A. Leahy

Chicago: IRS Solutions

Chicago: IRS Solutions – One Way to Get Out of IRS Debt

There are 6 different ways to eliminate IRS tax debt.

Let’s look at one of the easiest….

Pay the bill.

Now before you think I’m being overly simplistic, this is really an option for many people.

Let me explain.

You may want to pay the bill with a credit card.

Credit card debt is usually better than IRS debt.

The IRS actually accepts Visa, Mastercard & American Express for many debts owed to them. Think of it this way…a credit card company has nowhere near the power of the IRS to collect their money…

Not only can the IRS take your wages, but they can also take things like your real estate, Social Security, 401(k)’s, IRA’s, car, boat, house, accounts receivable, cash loan value of your life insurance, or commissions…to name just a few.

The IRS can also put a lien on your personal and investment properties, making it difficult to sell your house, destroys your credit rating and makes it difficult to refinance or get a home equity loan.

Of course, the “big hammer” of the IRS is that they can actually send you to prison for not paying your taxes.

The credit card companies have power, but not near as much as the IRS. If you don’t have enough credit to pay off your IRS debt then you should know that there are other options.

Chicago IRS Solutions. If you are searching for IRS Solutions to your tax problems, or if you have ANY questions about IRS problems, we can help. call Opem Tax Resolution – The Law Office of Steven A. Leahy, PC (312) 664-6649. Call Now to schedule your FREE 1 hour Consultation!

Filed Under: Uncategorized Tagged With: “Offer in Compromise”, “Owe Taxes”, “Tax Options”, “Tax Relief Chicago”, back taxes, Chicago Tax Help, currently non collectible, IRS Help, IRS Help Chicago, IRS Levy, IRS Lien, irs non-collectible status, irs options, IRS Options Help, IRS problem, IRS Solutions, IRS Tax Debt, irs tax penalty, IRS Tax Problem, Offer in Compromise IRS, Offer in compromise Settlement, Relief, steven a. leahy, Tax, tax attorney chicago, Tax Debts, Tax Help, tax options Chicago, Tax Problem Help, tax resolution, tax resolution chicago, Tax Solution

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