video-blog

What Happens When You File a Return With a Balance Due

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Now, I want to talk about what happens when you file a tax return with a balance due. You go to file your tax or you have your CPA file your taxes. These taxes gets transmitted to the IRS and they go to a service center. Regardless of whether you paper file or whether you file electronically, that information gets processed in that service center. Tax returns generally are processed on the spot. They take about four to six weeks to work their way through the IRS system. Once you file your tax returns, you can actually expect your balance due won’t appear for four to six weeks. That’s an important thing for non-tax counsel to be aware of because if your client files a return, they’re generally not going to hear from the IRS report for four to six weeks.

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Automated Collection Systems

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Now, I want to talk a little about automated collections systems. Automated Collection Systems is a network of campuses that the IRS maintains that enforce collection activity. It’s the first stage of collection so to speak. Because the IRS has limited resources and because the IRS has lots of people that owe them money, they rely on certain campuses in cities like Memphis or Brook Haven, New York; or Kansas City, Missouri; Cincinnati, Utah and a variety of places to enforce collections for the IRS. If you ever want to know what ACS is all about, just picture a big room with a bunch of people that have computers. They have phones and they do the dirty work of the IRS trying to enforce collections on its behalf. ACS call centers will receive calls, anybody who gets a levy or lien will call in the IRS and say, “Hey, you took my property.” The ACS agent will try to work with them on resolving the account. ACS agents in general as well are also the people who call taxpayers and try to track them down.

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More about Automated Collections Systems

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As a result of that, there are some things that you should note about ACS. Number one is that most of their collections agents do not handle the same case twice. Because they don’t handle the same case twice, you’re often relying on the ACS agent to take very detailed notes about the call, discuss time tables and actions. Unfortunately, sometimes they don’t keep the best notes. It’s really important as a practitioner to keep notes and records every time you all ACS so that you can best document your case, so that you have an understanding of what was said. That way, if there’s any dispute later, if the IRS levies your client or if there’s any other negative action taken, you’ve got the name of the ACS agent, you’ve got their ID number, you got the date and time of your call. And by having those pieces of information when dealing with their supervisor saying, “Hey, so and so told me that we weren’t going to levy and they went ahead and levied.”

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Tips for Dealing with Automated Collection Systems Agents

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Let me give you some tips on dealing with automated collection system agents. The first is you have to understand how the system works is ACS agents are in a bunch of call centers across the country. Because they’re in call centers, they can handle a high volume of calls from people all over the United States. The best strategy for dealing with ACS, to avoid sitting on hold for an hour, is to give a call early in the morning or late at night. In our office, we have East Coast phone numbers and we will actually call the East Coast before the West Coast opens so that we can get through. That’s a great tactic because when the East Coast opens up at eight o’clock, it’s five o’clock California time and the rest of the country is sleeping. Our chances of getting through to ACS are much greater. Consequently, if I call late at night, if I call at seven o’clock – ACS is open ‘til eight by the way – then I’m much more likely to get through because the rest of the country is sleeping, and/or their call centers have been shut down.That way I’m only be dealing with people on the West Coast particularly during peak season. To avoid increased call volumes, call ACS during off-peak hours. Secondly, because they are large and because they are multiple people, your experience with ACS largely depends on the individual agent.

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What Happens when the IRS Cannot Collect on a Taxpayer

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ACS will try to collect an account for a period of time. If ACS is unsuccessful in collecting the account, it generally does one of two things: Number one is ACS will refer the matter out to the field for further investigation. They will send it to a Revenue Officer, who I will explain in a minute. When ACS gets frustrated or when the balance reached a certain dollar amount, they’ll kick it out to a Revenue Officer to, perhaps, pursue some more localized tactics for collections. The other thing ACS can do is ACS can deem the account non-collectible. There’s two ways principally that ACS deems account non-collectible: Number one is if the taxpayer who writes financials showing they can’t pay the IRS any money, if they cash in and cash out every month, then there’s no money left over for the IRS after their basic living expenses and the IRS will put them into a non-collectible status.

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Revenue Officers

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Now I’d like to talk a little bit about Revenue Officers. A revenue officer is a local IRS agent. One of the local field officers in the IRS, there has quite a few across the country. We have two here in San Diego. A revenue officer is an individual collection agent. Most offices have anywhere between 10 and 50 revenue agents. Some have more. Some of the bigger IRS offices in California. Or some of the other ones who have more agents. Some will have less. An IRS revenue officer is a specially-trained collection agent. We’ve pull the IRS’s job description for revenue agents: They conduct face-to-face interviews with taxpayers. They analyze financial information. They collect moneys. They seize assets and property. They try to resolve tax issues. They garnish bank accounts and they educate taxpayers as to their filing and paying obligations. Those are the principal jobs of a revenue officer. As a practical manner, a revenue officer is assigned about 40 collection cases and gives each one of those cases special attention. Special attention when it comes to the IRS is not a good thing. Revenue officers – by their job description – are mandated to try and make personal field contact with the taxpayers.

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Collection Action a Revenue Officer Can Take

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Let’s talk a little bit briefly about IRS revenue officers’ specific collection actions. All collection agents within the IRS can either lien or levy. They can seize assets. They can garnish wages. But revenue officers have a couple of things that they can do that are particularly unique to their style or classes. The first thing I mentioned was field visits. IRS personnel can visit your client or they can investigate third-party sources. They can go knock on neighbor’s doors. They can knock on employer’s doors. They can track down former employer. If the taxpayer on a business, they can go after your customers. The IRS revenue officers have broad latitude in contacting third parties for information on tax payers. No, they do not have to provide you with notice before they make those calls. When dealing with a revenue officer, if you’ve got a client who is particularly concerned about their business or their privacy, it is important to make contact with that revenue officer and dissuade those face-to-face visits as soon as possible. The second thing that revenue officers tend to do is enforce things called IRS administrative summons. The IRS will issue a summons for records, oftentimes to banks or to taxpayers or to other parties requesting information or face-to-face interviews.

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Asset Seizure

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The final thing that revenue officers can do is they can seize assets. While ACS can seize assets as we mentioned earlier, revenue officers can seize physical property, which makes it very difficult. One of the nasty stories that we have is we had a client who was called to an IRS meeting for a summons interview. When the client showed up at the building and saddened him with an interview with the agent, the agent took the stub of seizing the client’s vehicle out of the parking lot while the administrative summons is going on. That’s a pretty extreme case. The client in this case had done some particularly bad things and had kind of upset the revenue officer and sort of had it coming. But at the same point, the revenue officers have the ability to seize vehicles.

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How to Resolve IRS Collections Issues

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Now we want to move on to the meat of the presentation, which is how to resolve IRS collections issues. There are a series of remedies that are prescribed within the IRM and that the IRS will accept as an acceptable means of resolving a taxpayer’s delinquent account. Those measures are as follows: The first measure is the IRS will always allow you to pay them in full. They will take a cheque for the full amount anytime you want to give it to them. They are happy to do so. The next remedy is if a taxpayer needs more time to pay, they will give you a 120-day extension to pay. It’s just very nice of them. The next method of resolving – although not prescribed by the IRM – is to run. You can run from the IRS. You can flee. You can evade their collection statute. You cannot keep any cash in the bank and say, “IRS, come after me”.

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