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IRS Bankruptcy Chapter 7

August 27, 2014 by admin

Steven A. Leahy
IRS Bankruptcy Chapter 7

By Steven A. Leahy

There are six things you can do if you owe the IRS money. First, you can simply write the IRS a check for the full amount. For many, that is simply not a realistic option. Often, if the tax obligation is not too significant, borrowing money from another source (friends, family, bank loan, credit cards, etc.) may be a less costly alternative than an installment agreement with the IRS. Second, you can enter into an Installment Agreement; pay the IRS over time. Third, you can obtain an Offer-in-Compromise: A lump sum settlement for less than the tax owed. Fourth, you can be declared Currently Not Collectible; pay the IRS nothing (for a period of time). Fifth, you can file for protection under the bankruptcy code. And the last option – you can do nothing, and let the IRS do what they will to you, your family and your assets.

This article addresses the fifth option – Bankruptcy. The Bankruptcy Code is found in United States Code: Title 11. Think of the Bankruptcy Code as a book, and like other books, it is divided into chapters. That’s why you hear so much about Chapter 7, Chapter 9, Chapter 11, Chapter 12, Chapter 13, or Chapter 15. Each chapter has a different remedy for a different situation. Chapter 7 is titled “Liquidation,” Chapter 9 “Adjustment of Debts of a Municipality,” Chapter 11 “Reorganization,” Chapter 12 “Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income,” Chapter 13 “Adjustment of Debts of an Individual with Regular Income,” and Chapter 15 “Ancillary and Other Cross-Border Cases.” Generally, individual taxpayers rely on Chapter 7, Chapter 11 or Chapter 13.

This article will focus on the first kind of bankruptcy available for individual taxpayers, IRS Bankruptcy Chapter 7 “Liquidation.” Taxpayers who file Bankruptcy are referred to as “Debtors.” Under IRS Bankruptcy Chapter 7 all the Debtor’s assets, above a certain level of exemptions allowed by law, are sold and the proceeds of that sale are used to pay their creditors all or a portion of what the creditor’s claims are. In a vast majority of cases, there are not any assets above the exemptions allowed by law. So, most Debtors don’t lose any assets, but most of their debts are discharged. Not all debts are dischargeable – for example, past due child support, student loans, government fines and recent taxes are not dischargeable in bankruptcy, but most other debt is.

While recent taxes and some specific types of taxes (e.g. Trust Fund Recovery Penalty, excise taxes, etc.) are never dischargeable, some tax debts are dischargeable. There are three important dates to remember if you are trying to discharge IRS tax debts in bankruptcy. First, the due date for filing the tax return in question must be more than three years before the date of the bankruptcy filing. Second, the tax return in question must have been filed at least two years before the date of bankruptcy filing. Finally, the tax claim must have been assessed more than two-hundred and forty days before the date of the bankruptcy filing.

The taxpayer’s conduct may also come into question. In order to discharge taxes in bankruptcy, in addition to the time criteria, the Debtor must not have filed a fraudulent return or willfully tried to evade taxes.

Discharging taxes in bankruptcy can be very complicated. For example, there are events that may extend the dates discussed here; there may be questions about exactly when a return was “filed” or when a tax was “assessed.” Objections may be raised about whether the document filed meets the technical definition of “Tax Return,” or whether the taxpayer’s conduct to evade taxes was “willful.”

This is just a general overview. If you owe the IRS and are unable to pay the full tax obligation immediately, bankruptcy may be your best option. Never hire a firm to help you with your IRS problem unless the firm is experienced in helping taxpayers use the bankruptcy code to protect them from the IRS. Before you do anything, you should give me a call. We can discuss your all your options. Opem Tax Resolutions & The Law Office of Steven A. Leahy, PC (312) 664-6649. Call NOW to set up your FREE Consultation.

Filed Under: Uncategorized Tagged With: “Tax Relief”, back taxes, Chicago Tax Help, currently non collectible, Help With IRS, IRS Help Chicago, IRS Lien, irs non-collectible status, tax attorney chicago, Tax Debts, Tax Solution, taxes and bankruptcy

IRS Installment Agreements

August 7, 2014 by admin

Steven A. Leahy
IRS Installment Agreements

By Steven A. Leahy

There are six things you can do if you owe the IRS money. First, you can simply write the IRS a check for the full amount. For many, that is simply not a realistic option. Often, if the tax obligation is not too significant, borrowing money from another source (friends, family, bank loan, credit cards, etc.) may be a less costly alternative than an installment agreement with the IRS. Second, you can enter into an IRS Installment Agreement; pay the IRS over time. Third, you can obtain an Offer-in-Compromise: A lump sum settlement for less than the tax owed. Fourth, you can be declared Currently Not Collectible; pay the IRS nothing for a time. Fifth, you can file for protection under the bankruptcy code; Chapter 7, Chapter 13 or Chapter 11. And the last option – you can do nothing, and let the IRS do what they will to you, your family and your assets.

This article addresses the second option – IRS Installment Agreements – for personal income taxes. IRS Installment Agreements allow taxpayers to pay the IRS in monthly installments rather than paying the IRS in full immediately. There are several different kinds of Installment Agreements: Guaranteed, Streamline, Partial and Full Pay. Each has unique characteristics. In most cases, just proposing an installment agreement will stop other IRS collection efforts (e.g. wage garnishment, levies). If an IRS Installment Agreement is rejected, the IRS may consider a revised proposal, or the taxpayer may appeal the rejection.

The Guaranteed Installment Agreement is designed for taxpayers with a tax obligation of less than $10,000.00 (excluding penalties and interest). If the taxpayer has also timely filed all income tax returns, paid any tax due for the last five years, has not had an installment in the last five years, and agrees to pay the amount due in 3 years, an installment agreement is virtually guaranteed, even if the taxpayer has the ability to pay the tax liability in full immediately.

The Streamlined Installment Agreement (SIA) is designed for individual taxpayers with a tax obligation not greater than $50,000.00. Recently, the IRS instituted the “Fresh Start” initiative. Fresh Start provisions changed the parameters for a SIA in several important ways. First, the IRS raised the threshold from $25,000.00 to $50,000.00 in tax liability. Next, under the new streamlined provisions, taxpayers can stretch repayment of their tax obligation over 72 months, rather than the old maximum of 60 months. Both of these changes have had a great impact for taxpayers.

The best part of a SIA is it is streamlined, meaning taxpayers do not have to provide financial data to the IRS in order to get an installment agreement. This makes the process quick and less intrusive.

A Partial Installment Agreement (PIA) is designed for taxpayers who are unable to pay the full amount they owe to the IRS. Taxpayers must reveal their financial circumstances, in detail, for a PIA. Negotiating a PIA with the IRS can be tricky – not something I would recommend taxpayers do by themselves. IRS standards and procedures are well known to the IRS, but not to taxpayers. The IRS uses this advantage to get the taxpayers to pay more per month than they may be able to afford. If this happens, a default on the PIA is just a matter of time. After a taxpayer defaults, they will find themselves back in collections, and facing levies and garnishments again.

The final kind of Installment Agreement (IA) is an agreement that pays the full amount due over time. If a taxpayer owes more than $50,000.00, the IRS will conduct a complete investigation of the taxpayer’s finances. They look at income, expenses, and assets, with supporting documents. Again, the amount of a taxpayer’s monthly payment will determine the success or failure of the IA. So, it is imperative to get the best IA payment possible, something best left to professionals.

So, if you owe the IRS and are unable to pay the full tax obligation immediately, you should consider an IRS Installment Agreement. Before you do anything, you should give me a call. We can discuss your options. Opem Tax Resolutions & The Law Office of Steven A. Leahy, PC (312) 664-6649. Call NOW to set up your FREE Consultation.

Filed Under: Uncategorized Tagged With: “Tax Relief Chicago”, back taxes, Chicago Tax Help, Help With IRS, IRS Installment Agreement, Tax Debts, Tax Solution

IRS Installment Agreement: Making Payments to the IRS

June 19, 2014 by admin

Steven A. Leahy

IRS Installment Agreement: Making Payments to the IRS

By Steven A Leahy

In Chicago and Considering An Installment Agreement as a Solution to Your IRS Tax Problem? You have several options for dealing with a tax problem with the IRS. An Installment Agreement is one of them. In this video we’ll tell you what an Installment Agreement is and information on it works.

An installment Agreement is just what it sounds like… You agree to pay your tax Debt to the IRS in a monthly payment. There are some restrictions on installment agreements, but many times this is a good option for both businesses and individuals who owe taxes to the government.

There is a downside though; if you owe alot in taxes, the required payments on the installment plan can quite often be very high and can interfeer with paying your monthly bills. In addition, you may still be subject to interest and penalties on the debt that you owe.

The good news is: It is possible to negotiate lower payments with the IRS. To determine if this option is good for you, and to discover other strategies on how you can break free from the IRS and reclaim your life, Call Opem Tax Resolution – The Law Office of Steven A. Leahy, PC (312) 664-6649. Call 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

What is Compliance And Why Is It Important?

June 19, 2014 by admin

Steven A. Leahy

What is Compliance And Why Is It Important?

By Steven A Leahy

When I meet with new clients I often begin our discussion on how our office goes about resolving tax issues by writing “Compliance” at the top of the screen in BIG letters. Compliance, to the IRS, means complying with all tax obligations – payment compliance; filing compliance; and reporting compliance. Filing compliance refers to filing of tax returns. Reporting compliance refers to accuracy of the filing. Finally, payment compliance refers to the payment of the reported taxes.

In order to resolve a tax problem the taxpayer must be in filing compliance. In addition, if the taxpayer is a 1099 employee or self-employed, the taxpayer must be in payment compliance, at least for the current year. That means that any unfiled returns must be filed, and any quarterly payments must be paid, before the IRS will agree to stop any collection efforts. The IRS will generally begin collection efforts by sending notices, applying a previous tax year’s refund to tax due, filing liens and, finally, seizing your property and assets.

If a taxpayer receives a Notice of Levy on Wages, Salary, and Other Income and has unfiled returns and/or unpaid quarterly payments, it will be very difficult to stop the levy before the taxpayer can get into compliance. That is why it is so important to work to resolve your tax problems before levies are issued. If you ever receive Form CP 297 – Notice of Intent to Levy and Notice of Your Right to a Hearing you need to act immediately – that may be your last chance. So, OPEN ALL MAIL YOU RECEIVE FROM THE IRS.

The Notice of Intent to Levy and Notice of Your Right to a Hearing is a form that alerts the taxpayer that the IRS intends to begin taking assets from them – normally it begins with bank accounts and wages. The notice will include the balance due, and the taxpayer’s right to appeal that action. You must request an appeal (Collection Due Process) within 30 days from the date of the Notice of Intent to Levy and Notice of Your Right to a Hearing. If the appeal is filed within the 30 days, IRS collection efforts are stopped while the appeal is pending. The appeal will give the taxpayer an opportunity to get into compliance and work out a resolution with the IRS.

Compliance is also important once a resolution has been reached. If a taxpayer is granted an Installment Agreement, Offer in Compromise or Currently Not Collectible status, part of the agreement between the IRS and the taxpayer is for the taxpayer to remain in compliance with all tax obligations going forward. That means the taxpayer can’t be late filing future returns – an extension is NOT compliance – all taxes must be paid in a timely manner. The tax reported on your tax return and all quarterly payments must be paid as they come due. If a taxpayer defaults on that agreement, the IRS will cancel the agreement and begin collection efforts again, taking the taxpayer right back where they left off.

So, if you are facing IRS problems, you should work with a local law firm that will work to get you in compliance with IRS tax obligations AND help you stay in compliance after you reach a resolution. You should give me a call – Opem Tax Resolutions & The Law Office of Steven A. Leahy, PC (312) 664-6649. Call NOW to set up your FREE 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

Offer In Compromise Rules: Tax Debt Settlement Chicago

June 16, 2014 by admin

Steven A. Leahy

Tax Debt Settlement

By Steven A Leahy

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 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

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