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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 Currently Not Collectible

August 22, 2014 by admin

Steven A. Leahy
IRS Currently Not Collectible

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; 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 fourth option – IRS Currently Not Collectible (CNC). The IRS lists a number of reasons to report an account CNC. The reasons include, inability to locate the taxpayer, expiration of the statutory recovery period (statute of limitations), death of an individual (where the IRS can’t collect from the estate), defunct companies without assets, or the taxpayer is out of the country or in a combat zone. The most common reason for CNC status is the existence of a taxpayer hardship.

The IRS may place a taxpayer in CNC status based on a hardship – when the IRS determines that the taxpayer can’t pay their tax obligation AND pay reasonable living expenses. The first requirement for a hardship CNC is compliance. In most cases, the taxpayer must have filed all tax returns, made all required estimated tax payments for the current year and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees. The taxpayer must remain in compliance during consideration and, should a hardship CNC be found, thereafter.

In order to demonstrate a hardship, a financial analysis, with detailed financial information, must be completed to determine the taxpayer’s assets and equity, income and expenses. The investigation into the taxpayer’s financial condition begins by completing Form 433–A, Collection Information Statement for Wage Earners and Self-Employed Individuals or Form 433–B, Collection Information Statement for Businesses, and providing all the necessary documents to substantiate the numbers.

The level of scrutiny depends on the tax obligation – the greater the tax bill, the greater the scrutiny. For example, if the unpaid tax balance is large, the IRS will review the taxpayer’s credit report, motor vehicle records and real estate records to determine if there are any additional sources for collection, in addition to the 433 and supporting documents. Generally, an IRS manager must review the IRS Currently Not Collectible recommendations paperwork and approve granting the CNC status.

Collection actions stop once a taxpayer’s account is placed in IRS Currently Not Collectible, including bank levies, wage garnishments and collection letters. The problem with CNC is that interest and penalties continue to accrue even though IRS collection activity has been suspended. In addition, if the balance is greater than $10,000.00, the IRS may still issue a Notice of Federal Tax Lien against the taxpayer (although the taxpayer can still appeal that action).

The good part about CNC is that the Collection Statute Expiration Date (CSED) is not tolled while the taxpayer’s account in a hardship CNC status. It is possible for a taxpayer to continue in hardship CNC status until the CSED passes. Once the CSED passes, the IRS cannot collect on that IRS obligation. Hardship CNC cases, however, can be reactivated if it appears there is a change in the taxpayer’s ability to pay indicating collectibility. And, the IRS may ask the taxpayer to reestablish CNC hardship status periodically.

So, if you owe the IRS and are unable to pay the full tax obligation immediately, you may be eligible for your account to be placed in a Hardship CNC status. 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, IRS Help, IRS Help Chicago, IRS Levy, IRS Lien, irs non-collectible status, irs options, Offer in Compromise IRS, Tax Debts, Tax Solution

Chicago – IRS and Divorce

May 15, 2013 by admin

Steven A. Leahy

Chicago: IRS and Divorce

Chicago: IRS and Divorce
Could the IRS Make You Get Divorced? In Chicago and need IRS Relief for Tax Debt?

Numerous studies have shown that the money problems are the #1 source of arguments in marriage.

Money problems caused by credit debt, loss of a job, unforeseen expenses – you name it…it’s all stressful on a marriage.

But if you toss an IRS problem into the mix, you may have a recipe for disaster. The IRS has more far-reaching power than any collection agency could ever have.

No other entity has the power to dip into your bank account, garnish your wages, seize your property, put a lien on your house…and possibly put you in jail.

So if money problems cause arguments, IRS problems can cause absolute fallout.

Of course, if divorce follows as a result, it introduces a whole host of other problems emotionally and financially.

Not to mention the damaging effects that marital problems and divorce has on your children… So the IRS can’t cause a divorce, but they sure can contribute to one.

You owe it to yourself, your spouse and your children to put and end to this madness and get on with your life.

Chicago IRS and Divorce. If you have questions about the IRS and divorce, 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: “non collectible”, “Offer in Compromise”, “Tax Relief Chicago”, “Tax Relief”, 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, tax attorney chicago, Tax Debt Help, Tax Debts, Tax Help, Tax Help Chicago, Tax Levies, Tax Levy, tax options Chicago, Tax Problem Help, tax resolution, tax resolution chicago, Tax Return, Tax Solution, Tax-Consultants, TaxHelp

Chicago: IRS Tax Help

April 29, 2013 by admin

Steven A. Leahy

Chicago: IRS Tax Help

Chicago: IRS Tax Help
In the Chicago area and owe taxes? You may not even know you have an IRS tax lien until it’s too late.

The IRS uses liens to get people to pay the taxes owed. It’s one of the many tools in their arsenal and for many people it’s one of the worst penalties the IRS can inflict. It does silent damage to your life and your credit before you figure it out.

Simply stated, a lien is a security held against your personal and/or investment property by the IRS. And it can make your life miserable.

If the IRS places a claim on your property as a tax lien,it shows up on your credit report and can greatly damage your credit score.

The worst part is that you may not even be aware of the lien until you go apply for a credit card, car loan, home equity loan or to refinance. By that point lenders are hesitant to loan you any money.

Plus, a tax lien may make it very difficult to sell your house. A buyer will be reluctant to buy since the lien comes with the property and becomes the buyer’s problem if you don’t take care of it.

If you’ve had a lien placed on your property already, or if you’ve been served a Notice of Federal Tax Lien – you know that trouble’s just around the corner. 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: “non collectible”, “Tax Relief Chicago”, “Tax Relief”, 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, Relief, steven a. leahy, steven leahy, Tax Debt Help, Tax Debts, Tax Levies, Tax Levy, tax options Chicago, Tax Solution, TaxHelp

Chicago: What to Do About an IRS Tax Levy

April 3, 2013 by admin

Steven A. Leahy

Chicago: IRS Tax Levy?

Chicago: IRS Tax Levy

IRS Levies = Seizure of Your Property (Here’s What to Do) If you owe the IRS money and aren’t actively negotiating with the IRS, then it is likely they will use a levy against you.

A levy is the legal taking (seizure) of your personal property by the IRS to satisfy your tax debt. If the IRS is taking part of your paycheck the levy is called a garnishment.

And the IRS has the power to levy anything you own.

They can levy against or seize your:

House
Boat
Car
Motorcycle
Real Estate…
And the list goes on.
The IRS can also garnish anything that is owed to you. This includes:

Wages
Accounts receivable
Commissions
401(k)s
Individual Retirement Accounts (IRA’s)
Social Security… and more
You don’t want this to happen. Things get ugly when your personal property gets seized and/or you bank account gets “raided”.

Checks start to bounce. Payments don’t get paid. Cars get repossessed. Houses go into foreclosure, and credit ratings get destroyed.

If you haven’t paid your taxes or you haven’t filed, this could happen to you. The IRS has significantly stepped up levies and garnishments since 2004. And they show no sign of stopping.

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”, “Owe Taxes”, “Tax Relief Chicago”, “Tax Relief CITY”, “Tax Relief”, back taxes, Help With IRS, IRS Help, IRS Help Chicago, IRS Levy, IRS Lien, irs options, IRS Tax Debt, Levies, Levy, Offer in Compromise IRS, Offer in compromise Settlement, Tax Debt Help, Tax Debts, Tax Help, Tax Help Chicago, Tax Levies, Tax Levy, tax options Chicago, tax resolution, Tax Solution

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