Know about Tax Debt before Filing for Bankruptcy

Bankruptcy Cliff

Filing for bankruptcy may feel like accidentally stepping off a cliff – it’s not something most people can mentally prepare themselves for in advance. 

Key Takeaways

  • Filing for bankruptcy may feel like accidentally stepping off a cliff – it’s not something most people can mentally prepare themselves for in advance.
  • When it happens and you find yourself falling, it’s difficult to know if you’ll hit rocks below and suffer permanent damage. Alternately, you could plunge into a lake, bob to the surface and have an easy swim to shore.
  • Then there are the issues that accompany the decision to file such as tax consequences. The debtor must try to satisfy not just the creditors, but often federal and/or state tax collectors.

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Frequently Asked Questions About IRS Collections and Taxes

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In my years of representing clients before the IRS, I have been asked some common questions about the IRS, filing taxes and collections. The following is a compilation of my responses to some of the questions I hear the most from my clients. I hope that this Q&A section answers some of the questions that you may have. As always, if you have additional questions, please feel free to call me and I will do my best to answer them for you.

Key Takeaways

  • In my years of representing clients before the IRS, I have been asked some common questions about the IRS, filing taxes and collections. The following is a compilation of my responses to some of the questions I hear the most from my clients.
  • The first thing to do when you have not filed taxes is to get them filed so you know how much you owe the government and can begin fixing the problem. You need to establish your filing compliance as soon as possible.
  • In some cases, we have had situations where clients honestly do not remember what years they have and have not filed for.

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What Is the FAST Act?

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Key Takeaways

  • If you owe the IRS $50,000 or more in back taxes, it is better to be proactive, then try to travel abroad or renew your passport and find out that you cannot.
  •  
    What the Law Says: FAST Act Provisions Governing Passports
    Title XXXII, Subtitle A, Section 32101 of the FAST Act gives the IRS the power to deny or revoke passports for taxpayers who have a “serious tax liability” of $50,000 by issuing notice to the Secretary of State’s office.
  • At the IRS level, carve-outs exist as well.

The IRS means business when it comes to recouping what is owed to them. Their latest strategy is implementation of the FAST Act. Simply put, if you owe more than $50,000 to the IRS, the IRS can seize your passport, thus prohibiting your ability to travel outside the U.S. This can be particularly problematic if you frequently travel overseas or have a residence in another country.

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Innocent Spouse Relief

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Key Takeaways

  • This is a concept in the law known as joint and several liability, meaning that the spouses are responsible for any tax liabilities together (jointly) but can be held responsible for them as individuals (severally).
  • This is why when a married couple signs their tax return, both parties are attesting to the accuracy of the tax that is owed.
  • The rationale behind this is that it would be unfair to limit the collection rights of the IRS by virtue of an agreement that it was not a party to.

The Theory of Innocent Spouse Relief

Because of certain benefits that filing jointly allows, many married taxpayers elect to file joint returns. However, filing a joint return carries the added burden of both parties being liable for the tax due. In addition, under the IRS code, married taxpayers who file jointly are each liable for any additions to the tax, penalties, or interest associated with the account.[1]

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How to File an IRS Interest Abatement

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A common complaint I receive from many of my clients is that their IRS liability has increased substantially due to the penalties and interest that have been tacked on to the account (most of these clients are considering submitting an IRS penalty abatement).

Key Takeaways

  • A common complaint I receive from many of my clients is that their IRS liability has increased substantially due to the penalties and interest that have been tacked on to the account (most of these clients are considering submitting an IRS penalty abatement).
  • It does not seem fair, but not everything in life is fair, and it seems x1,000 when dealing with the IRS. If it helps, you can think of the IRS as just another business.
  • The IRS has a different structure with assessing interest and how much you pay depends on the amount due, how many years you are behind and the circumstances surrounding your delinquency.

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What if I Cannot Pay the IRS? Currently Non-Collectible Status

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Key Takeaways

  • While the taxpayer is in not collectible status, the 10-year statute of limitations still applies within this context.
  • Taxpayers whose assets cannot be found are more likely to receive consideration for CNC.
  • Taxpayers must provide an outline of “allowable monthly expenses (expenses related to life, health, welfare, or the production of income)” (Hein).

When slapped with a staggering tax bill, very few people have the luxury of being able to pay the amount due in full. If that is you and you have exhausted all other repayment options, you might consider opting for Currently Non-Collectible Status (CNC). While this option is not for everybody, it can stall the collection process until you can come up with a solution to pay what you owe. We understand the frustration and embarrassment of being in this position and we can help. Keep reading to learn if you are eligible and if you have questions, feel free to give us a call.

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What Are the Rules for an IRS Offer in Compromise

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An Offer in Compromise (OIC) is one repayment plan that you can negotiate with the IRS to reduce your tax debt. With an OIC, you are proposing paying a lesser amount to the IRS, based on your ability to pay. This is a good strategy, but bear in mind, that it is not an easy or comfortable process.

Key Takeaways

  • Salability of Assets
  • Current Assets: Cash and Cash Equivalents
  • Monthly Cash Flow
  • Income and Expense Table and Future Income
  • Future Income Potential

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How the IRS Conducts Financial Analysis

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If you are trying to work with the IRS on an installment payment agreement of your tax debt, you may be wondering exactly how they determine who gets approved and who does not. It probably feels like, “which way is the wind blowing that day?”

Key Takeaways

  • If you are trying to work with the IRS on an installment payment agreement of your tax debt, you may be wondering exactly how they determine who gets approved and who does not. It probably feels like, “which way is the wind blowing that day.
  • Fortunately, the process is a little more objective than that. The IRS has a complex system of tables and guidelines that they use to determine what the standard of living is for your particular region.
  • The IRS will also look at your assets both personal and related to your business. There also is a little leeway for special circumstances, such as additional expenses you need to take care of your family or run your business.

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How to Navigate IRS Collections Forms

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One reason why people get so frustrated with the IRS is because the IRS makes it so onerous to do business with them. There are forms and forms on top of forms, then there are schedules and more documentation and paperwork. There are also pages and pages of instructions, printed in the smallest type possible, which are equally challenging, especially if you are a novice in interpreting IRS guidelines.

Key Takeaways

  • One reason why people get so frustrated with the IRS is because the IRS makes it so onerous to do business with them. There are forms and forms on top of forms, then there are schedules and more documentation and paperwork.
  • It is no wonder that so many taxpayers just give up all together and just end up paying the entire debt (with penalties and interest) by using credit cards and high-interest loans, or burying their head in the sand. Neither is the best solution.
  • Naturally, this is the case if you wish to initiate an installment agreement to repay your debt to the IRS. Before you throw your hands up in despair, keep reading. We are going to explain the main forms you need to apply for an IRS installment agreement.

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What Are IRS Bank Levies? [Definition & Examples]

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When the IRS attaches a levy to your bank account, you know they mean business. In short, the IRS can seize your checking and savings accounts and use the funds to satisfy your tax debt.

Key Takeaways

  • When the IRS attaches a levy to your bank account, you know they mean business. In short, the IRS can seize your checking and savings accounts and use the funds to satisfy your tax debt.
  • When that happens you feel helpless. You are facing having literally no money to live on. You are in an impossible situation, or so it feels.
  • That is why I wrote this chapter. I am going to explain what an IRS bank levy is how the process works.

When that happens you feel helpless. You are facing having literally no money to live on. You are in an impossible situation, or so it feels. 

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