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How to Stop IRS Collection Efforts – These Secrets may Shock you!

by

Steven A. Leahy

How to Stop IRS Collection Efforts

By Steven A Leahy

IRS Collections can be maddening! The IRS Collection Department can levy your bank accounts, garnish your wages, take your assets, visit your home or workplace in order to collect back taxes. Here is the key to Stopping the IRS Collection efforts – compliance. That means filing your tax returns and paying your taxes in the future on time. It also means setting up a remedy for your past due tax obligations.

There are only 6 things you can do if you owe the IRS money – I talk about these six things over and over again. First, you can pay the IRS everything you owe them. Second, you can set up an installment agreement with the IRS. Pay them over time. Third, you can submit an Offer-in-Compromise, to pay a lump sum to settle the debt. Fourth, you can be declared currently not collectible – prove to the IRS you don’t have any disposable income after you pay all your monthly bills. Fifth, you can file for protection under one of the Chapters of the Bankruptcy laws. And, finally, you can continue to do nothing and let the IRS have their way with you.

Most people who come to see me are just plain scared of the IRS, and believe there isn’t a remedy that will work for them. So, they choose number six – they do nothing. It may take some time for the IRS to focus on your tax problem, but they will get around to it. Do not interpret the delay as proof the IRS has forgotten about you and you are “under the radar.”

One of the most common remedies for IRS problems is the second option, installment agreements. Now, there are different kinds of installment agreements. Most of my clients that enter into an installment agreement with the IRS enter in to a partial installment agreement. That means, the installment agreement will not pay the IRS obligation in full. This is the part most don’t understand. Even if I owe the IRS way more than I could ever repay, I can set up a partial installment agreement and pay the IRS what I can, even if the amount I can pay is $100.00 and I owe $200,000.00.

Now, most taxpayers think, “that means I will be paying the IRS forever.” But, here is a secret about IRS problems: The IRS has a set amount of time to collect an IRS debt. This date is referred to as the Collection Statute Expiration Date (CSED). Once that date is reached, the IRS must end all collection efforts, including releasing any liens that had been filed.

The best partial installment agreements leave you room to pay all your monthly obligations. We do this by collecting your financial information on an IRS Form 433. On this form, you list all your assets, your liabilities, your income and your expenses. Calculating your disposable income is a simple equation – all of your income, from whatever source, less your “allowed” expenses. The IRS scrutinizes the taxpayers expenses and disallows many of them. By disallowing reasonable expenses, the IRS is inflating your disposable income.

The real negotiations revolve around what expenses are allowed before your disposable income is calculated. That’s why taxpayers need help. The IRS will calculate a disposable income that will not allow you to pay all your other obligations. That guarantees the taxpayer will default some time in the future.

If you owe the IRS, a partial installment agreement may be your best remedy. Let’s find out. If you contact my office and mention this article, we will complete an IRS Analysis Report, that will tell you exactly where you stand with the IRS, for FREE. Call me, attorney Steven A. Leahy at 312-664-6649. Tell Bonnie, my scheduler, you want a FREE report.

Mark Glennon of wirepoints.com

by

Steven A. Leahy

Mark Glennon of wirepoints.com

By Steven A Leahy

This week on the IRS Radio Hour, we are pleased to welcome Mark Glennon of wirepoints.com. Mr. Glennon is an attorney, an entrepreneur, venture capitalist and consultant. He is Managing Director at Ninth Street Advisors, providing consulting services to high growth technology companies and their investors. He specialties include business development, operations and management, equity and debt transactions, e-commerce, B2C, mobile applications, entrepreneurial ventures, reorganizations and workouts. Before moving on to his current passions, Mark practiced law with expertise in debt transactions, turnarounds, bankruptcy and venture capital.

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Recently, Illinois Governor Bruce Rauner appointed Mr. Glennon Co-Chair of Innovate Illinois Advisory Council. The council works closely with the Illinois Department of Commerce and Economic Opportunity and has a core mission of bringing new opportunities to the forefront on behalf of the community. Innovate Illinois Advisory Council is “all about bringing together leaders from different backgrounds who can bring different perspectives — venture capital, business, research, universities, education, community leaders, corporate executives — everybody we can who has a stake in the success of the technology sector,” Rauner said. “We want to get their ideas, we want to get input, we want to get their collaboration.” Mr. Glennon is the perfect choice for that task.

Mr. Glennon writes extensively for wirepoints.com about Illinois Government, pensions, financial matters, technology, and capital formation. He has served on the Board of directorship for Tech companies such as GrubHub, Shoutlet and FunMobility. But, in addition to writing about these important issues, Mr. Glennon is also the founder of Wirepoints.com. Wirepoints.com is a news site that bills itself as a “One stop for all economic and governmental news of macro importance to Illinois and Chicago.”

“WirePoints delivers both original stories and hand selected articles from other sources about Illinois’ economy and government. We want to be a one-stop source for all news of major importance to Illinois’ economy. We have a particular focus on the state and local fiscal crises. Our frustration with poor coverage of those crises by the regular press was the primary reason for starting this site, and that frustration continues. We try to stick to policy, facts and numbers, not politics.”

Not only am I on board with the right of center viewpoints. Listeners may remember that I have a great interest in technology – I have a LL.M. in Information Technology and worked with computers and coding from the birth of personal computers, and BEFORE! Finance is also one of my interests, having earned a Bachelor of Arts Degree in Business Administration, concentration in Finance from Loyola University of Chicago. So, Mr. Glennon is a welcome guest!

We, at the IRS Radio Hour, are anxious to discuss Illinois’ complex and dangerous pension obligations, public school financing, tax policies, budget woes and political corruption. We will also discuss the work of the Innovate Illinois Advisory Board and their efforts to to grow the state’s innovation economy, including developing high-growth industry clusters, attracting resources, developing and retaining top talent, and fostering collaboration among all the parties in the state’s technology and innovation community. These are important issues to all of us at the show, and all of our listeners.

How Long Can You Dodge the IRS? The Answer May Astound You…

by

Steven A. Leahy

How Long Can You Dodge the IRS? The Answer May Astound You…

By Steven A Leahy

Most of the taxpayers who come to see me have been playing hide-and-seek from the IRS for some time. They wonder “How long can I Dodge the IRS”? They hope the IRS will forget about them. I hear, “can I fly under their radar” a lot. The truth is – it may take some time before the IRS catches up with you. But in the end, they will find you. The IRS is like a battle ship: It may take a long time to turn on you and get you in their sites. But, once they do, the damage can be devastating.

The common scenario follows this pattern: The taxpayer owes the IRS on tax day, but doesn’t have the money to pay. The taxpayer gets VERY UPSET and SCARED. So, the taxpayer files an extension. The extension pushes the due date of the return to October 15th, typically. By filing an extension, the taxpayer feels a false sense of relief. It is false because, the taxpayer doesn’t recognize that they have already sustained a penalty for not paying any tax owed. That’s right – the extension, extends the time for filing the return, not for paying the tax. Next, as time goes by, the tax deadline gets lost in life, and goes by without notice.

The next time the taxpayer worries about their tax return is when the next tax year is upon them. The taxpayer has yet to file the previous year, and believes they have to file that year before filing the current year. So, you guessed it, as the April 15th deadline approaches, the taxpayer files another extension – Peace settles in until the next year. This is when the sleep starts to evade the taxpayer. They can bury the thought of their tax problem during the day. But, while laying in bed at night, their tax problem in all they can think of.

The IRS Has 3 Years to Audit

Did you know that the IRS has three years to audit a tax return. If you haven’t filed, they can’t audit the return. But they can file a return for you. When the IRS files a return for you, that is called a Substitute for Return, or SFR. The taxpayer may believe the IRS has forgotten about them, only to learn later (much later) that the IRS has filed the SFR and assessed a tax far in excess of what the taxpayer actually owes. So, often the IRS won’t even begin coming after you 5 years, or more, after the original return was due. This is what gives taxpayers’ with unfiled returns a feeling the IRS has forgotten them.

Now, not filing returns limits you options on resolving your IRS problem. For example, if you haven’t filed a tax return, the tax for that year will never be dischargeable in bankruptcy. That is true, even if the IRS filed an SFR for you. One more problem – if you file your tax return on time, the Collection Statute Expiration Date, or CSED, begins to tick right away.

If, however, the IRS files an SFR, the CSED begins on the date the tax is assessed, not on the date the tax was due. CSED is the time limit set on the IRS to collect a tax debt or file a complaint in court. Generally, CSED is ten years from the date of assessment. Although there are some events that may extend that date. If the IRS believes you are trying to avoid paying your taxes, they will simply file a complaint in court, obtain a judgment and seek to collect that judgment. There isn’t a time limit on collecting a judgment. That means the IRS may never go away until they are paid in full.

Dodging the IRS causes bigger problems down the line. Resolve your IRS problem today. So, if you have ANY IRS questions, Call me, Attorney Steven A. Leahy at 312-664-6649. I am the Chicago IRS Answer Man.

If You Have An IRS Tax Lien – Avoid This Common Mistake Or You Could Regret It Forever!

by

Steven A. Leahy
If You Have An IRS Tax Lien – Avoid This Common Mistake Or You Could Regret It Forever!

By Steven A Leahy

Today I received an email from my friend David Hochberg, the mortgage specialist, asking questions about IRS Tax Liens. I checked my past blog posts, and did not find an article about IRS Tax Liens. So, I thought that I would correct that oversight.

One of the IRS’s collection tactics is filing a tax lien. An IRS tax lien is the government’s legal claim against a taxpayer’s property when a tax debt exists. The lien protects the government’s interest in all your property – what you own now, and what you will own in the future.

A lien automatically comes into existence if a taxpayer fails to pay taxes after receiving the first bill. To publish a lien the IRS files a Notice of Federal Tax Lien with the county where the taxpayer lives. The purpose of the tax lien is to alert creditors that the government has a legal right to your property. IRS tax liens have a detrimental impact on credit scores and limit the taxpayer’s ability to get credit. Taxpayers have a right to appeal the IRS tax lien, called a Collection Due Process hearing. But there are strict time limits to a right to appeal. So, if you receive a Notice of Federal Tax Lien, take action.

Once there is an IRS tax lien, there are several ways to get rid of the lien. The most obvious way to release a lien is to pay the tax debt in full. The IRS must release your tax lien within 30 days after the tax debt has been paid.

If a taxpayer can demonstrate that it is in the government’s best interest to reduce the impact of the tax lien on the taxpayer the IRS may Discharge the property, Subordinate the government’s interest to another creditor or withdraw the tax lien.

A discharge removes the lien from specific property. This option is useful for taxpayers seeking to sell property with a lien attached. If a taxpayer has an IRS tax lien and sells their home, the IRS tax lien remains on the property, unless the lien is paid in full or the IRS agrees to discharge the property from the IRS tax lien. The discharge removes the lien from that specific asset, while maintaining the lien on all other of the taxpayer’s property. This allows the property to pass to the buyers without the IRS tax lien attached. Without discharging the lien, the property is nearly impossible to sell.

Subordination of the lien is a process whereby the IRS allows a creditor to take a superior position over the IRS claim. Subordination is used when a taxpayer wants to refinance or obtain a loan using the property as collateral. Generally, lenders will not loan money on property when the IRS has a tax lien. The old adage: first in time, first in right applies here. If the taxpayer is seeking to borrow money, either through a refinance or a new loan, that will not pay the IRS in full, the IRS may agree to take a second position behind the new lender in order to allow the loan to come to fruition.

A “withdraw” removes the Notice of Federal Tax Lien from public record. The “withdraw,” however, does not release the tax lien or the taxpayer’s obligation to pay the debt. A taxpayer may convince the IRS to withdraw a Notice of Federal Tax Lien if:

The taxpayer’s tax obligation has been satisfied and the taxpayer remains in compliance for the past three years – that means all tax returns and estimated tax payments; or,

A taxpayer owes less than $25,000.00. Has an installment agreement in place with direct debit payments that have been on time for at least 3 consecutive payments, the installment agreement will full pay the IRS obligation and the taxpayer is in full compliance.

A tax lien remains on your credit report for seven to ten years, even after the taxes have been paid in full. However, since 2011, under the IRS Fresh Start Program, a taxpayer can remove the tax lien from their credit report, but it doesn’t happen automatically. The taxpayer must apply using IRS form 12277 “Application for Withdrawal of Filed Form 668 (Y), Notice of Federal Tax Lien.”

If you have an IRS tax lien and are looking to resolve your tax problems, you should find out what your options are. 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.

6 Things You Can Do If You Owe The IRS

by

Steven A. Leahy
6 Things You Can Do If You Owe The IRS

By Steven A Leahy

My office helps businesses and families fix their IRS problems fast. What you need to know is there are only Six Things you can do if you owe the IRS.

The first thing you can do is – pay the IRS. Generally, I recommend that taxpayers pay the IRS any way they can. Borrow from family and friends, even credit cards, better to owe anyone else but the IRS. You can still apply to abate any penalties after you pay. But, it is best to resolve your IRS problem as quickly as you can.

The second thing you can do if you owe the IRS money is to enter into an installment agreement. There are several different kinds of installment agreement: Guaranteed Installment, Streamlined Installments; Partial Pay Installments and Full pay installments. Determining what your monthly payment should be is more an art than a science. If you enter into an installment agreement and default, you will find yourself right back where you started. So, be careful! Don’t let the IRS force you into an agreement you can’t afford.

The next thing you can do if you owe the IRS is an Offer-in-Compromise. An Offer-in-Compromise is a reduced amount the IRS will agree to accept “in compromise.” The recent IRS Fresh Start Initiative changed some of the parameters of this program, making it easier for taxpayers to qualify. Historically only about 18% of applications were approved. So all of those commercials you hear about “paying the IRS pennies on the dollars” actually very rarely occurred. It may take a year or longer before you find if your offer is approved or denied – once the offer is denied you may find yourself right back where you started.

The fourth thing you can do is have the IRS declare you Currently Not Collectible. If you can prove to the IRS that you don’t have enough money at the end of each month to pay your reasonable and necessary expenses and pay the IRS. The IRS will agree to leave you alone for a time – not forever. But they will give you time to recover, without worrying about the IRS garnishing your wages of levying your bank accounts. If your income increases, the IRS may ask you to re-establish your currently not collectible status, or work out an installment agreement. Often, this is a good alternative. People often panic because they know they owe the IRS and know they can’t pay them – so they bury their head in the sand. Instead, address the problem and prove you can’t pay.

You can also file bankruptcy if you owe the IRS – that’s the fifth thing you can do. Taxes in bankruptcy can be very complicated, and not all taxes are dischargeable in bankruptcy. But many taxes are dischargeable, and we have helped many taxpayers walk away from their tax obligations. Because taxes in bankruptcy are complicated, make sure you find an attorney who understands tax issues and not just bankruptcy. Not all bankruptcy attorneys do.

The final thing you can do if you owe the IRS money, and this is what many of my clients do before they hire us to help them, is nothing. You can stick your head in the sand, pretend the IRS will forget about you and worry day and night about freezing bank accounts, garnishing wages and taking away your assets.

While there are only six things you can do if you owe the IRS, there are unlimited ways to mix these options to achieve the best results for you. So, if you have IRS problems, you should work with a local law firm. Better, you should give me a call – Opem Tax Resolutions & The Law Office of Steven A. Leahy, PC (312) 664-6649. I want to help! Call NOW to set up your FREE Consultation.

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