July 3, 2008

Is the IRS's Automated Collection System Efficient?

The Automated Collection System, or ACS, is a computerized network utilized by the IRS to communicate with delinquent taxpayers through an Integrated Data Retrieval System, or IDRS.

Audit and taxpayer information are a few of the information saved in the ACS. This was developed in the 1980s to provide taxpayer examiners a chance to contact delinquent taxpayers, scrutinize cases, and provide notices.

The ACS is integrated with checks for validity and consistency. Corporate files, creditors' files, bank statements, and court records verify the data.

How effective the ACS is at collecting taxes remains the question. A recent hearing was held by congress to decide if the ACS was better than private methods.

ACS is much less expensive, as argued by consumer tax advocates opposed to privatization. Nina Olsen, the IRS's National Taxpayer Advocate, compared the expenses of running private outsourced collections against ACS. Including commissions of up to 24% per amount collected, the expense of the private collection program is $12 million every year. These collectors are projected to bring in a meager $23 million in 2008, resulting in net revenues of just $11 million.

In comparison, if $7 million were put into the Automated Collection System, then the revenues could total from $91.8 million to $145 million with no costly commissions. The government spends about $81 million each year by privatizing collection.

On the other hand, the IRS says that it has turned to outsourcing because it cannot afford to hire more revenue officers to handle the IRS issue of debt collection. They are now handling in-house specific cases they regained from private collection firms to test the efficiency of the method. They plan to determine which process is more efficient by comparing the results.

Colleen Kelley, the president of the National Treasury Employees Union (NTEU), said at the hearing: "There has been no question from the outset that using private companies to collect taxes is far more expensive than having trained, accountable IRS employees perform this work and poses a severe and unnecessary risk to taxpayers' sensitive and personal information."

Kelley also stresses that IRS officers are the most cost effective tax collectors in the US, costing only 40 cents for every $100 collected. She states that with this resource, there's no necessity to outsource to private debt collection.

The ACS is an opportunity for the government to regain more of the revenue from unpaid taxes. Private debt collection is expensive as opposed to the cost effective work done by the IRS employees.

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June 30, 2008

Filing and IRS Bankruptcy Basics

Bankruptcy is a frightening term, and with recent developments in the law, it is now also a mind-boggling word. Sadly, it is the last alternative for a lot of people. Getting to the bottom of what bankruptcy is, what the filing requirements and procedures are, and the nitty-gritty of the process is essential if you feel this is your only choice to liberate yourself from financial trouble. Also, it is a wonderful idea to consult a Tampa tax lawyer if you intend to proceed with bankruptcy filings.

Bankruptcy is a state when a person or business no longer has the capacity to pay dues. When applied to individuals, three types of bankruptcy come out:

• Chapter 7 is mostly filed by individuals or couples. Debtors have a period of time to liquidate assets to pay off debts. They are allowed to keep enough to start over financially (meaning they need not have to sell everything)
• Chapter 12 is made specifically for family farmers or fishermen
• Chapter 13 or “debt reorganization” - occasionally provided to those who show the ability to pay off their debts in three or five year’s time

Small-Medium Enterprises can employ the use of Chapters 7, 11 or 15. In the first chapter, businesses are terminated as a result of bankruptcy. The 2nd choice allows businesses to stay open while re-organizing their debts. Chapter 15 specializes on foreign debt management. To repeat, the importance of consulting a Tampa tax lawyer should not be taken for granted.

What does bankruptcy relief encompass? Credit card debt, medical bills, and unsecured loans are examples of debt that can be covered. Child or spousal support and some tax debts do not qualify for coverage.

What are the filing requirements? Again, this is an area where a Tampa tax lawyer can present worthy support. The bankruptcy laws were amended in 2005, making the method more complicated and grueling for debtors. Here are some rules and regulations:

• A pile of paperwork detailing your income and expenses is necessary to back up your filed bankruptcy.
• Debt counseling from accredited counseling outfits is required six months before filing.
• You have to meet income requirements. The recent regulations are directed at decreasing the number of individuals who file for Chapter 7. You are supposed to fall within your state’s median income, and also qualify for other requisites which differ area by area. People who don’t meet the requirements of Chapter 7 will refer to Chapter 13.

There are two ways in examining if you qualify for Chapter 7:
a. Refer to the US Trustee Program of the Department of Justice
b. Consult a qualified Tampa tax lawyer

Now, the crucial question is on how to file for bankruptcy. Yes, you can do it by yourself but the fact that this is a legal process implores for the services of a professional. Next , after deciding as to which clause you will file under, whether Chapter 7 or 13, you can now file your claim in any bankruptcy court. A trustee, in charge of making certain you have all the relevant data, is then assigned to you. You will also be required to notify your creditors so they will terminate in their attempts of collecting payment from you. As your bankruptcy claim is being deliberated, you may be required to confer with your creditors. With all these detailed guidelines, it can be seen that filing for bankruptcy is a long process; you are then required to muster adequate patience to see it through.

Finally, what is the consequence of a bankruptcy claim to your income taxes or IRS standing? It depends. First, a forgiven debt is considered a taxable income, except in the case of bankruptcy. Second, filing for one reduces the other tax benefits due to a debtor. Third, it generates a bankruptcy estate, which includes all your assets and is considered another taxable entity when the claim is filed under Chapter 7 or 11. Consequently you have to pay taxes for this newly-formed asset.

To learn more about the foundation in bankruptcy, you can check with the IRS. Another wise strategy is to employ the services of a Tampa tax lawyer. Deciding to file for a bankruptcy is stressful move; hence, it is important that you have all you need to make this intelligent move.

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June 27, 2008

Filing Taxes Checklist

You can make sure that you have everything you require at tax time with a checklist. The whole process will be made a lot easier and not quite as stressful.

Filing taxes requires a lot of focus because it is serious business. An IRS issue is imminent if you get distracted. If you are not doing your taxes in one go, at least schedule specific tasks to let you focus.

After you have decided that you're going to be focused on the task at hand, the next step is to actually begin. Many people get everything ready. They can get everything done, except the most essential task - their tax returns. College students typically say that nothing tidies their dorm room quicker than having a college essay due the next day. When it comes to filing taxes, the same is true with most people. They'll prepare other things and end up filing an extension because of procrastination. The issue that many people face is that when they actually begin doing their taxes, everything moves quite slowly. You will be breezing through those tax forms eventually, though, because this will not last long. You just have to get started.

Getting organized is something you should do. Many people don't have too many assets or income sources, so their taxes are easy. They just should accomplish a 1040EZ and a W-2 form from their employer. It is a little more complex for other people. These folks should organize. If you are organized, it will be simpler to file our taxes, and if the IRS wants to audit your tax return, you can defend yourself better. Anyone who has ever shown up in an IRS audit with a box full of various receipts can tell you how it is. It's always better to get very organized when it comes to your taxes.

Since the tax code is ammended annually along with characteristics of your own personal circumstance, it's sometimes plenty of work to stay informed on the various ammendments that will affect how you have to file your taxes. However, if you really have to take advantage of as many deductions as you're allowed to have, it'll definitely help out and possibly lower how much you should pay the IRS if you take the time to educate yourself on the latest guidelines that pertain to you and your taxes. You can read up on the most important changes on the tax code in a library or online, or through the brief, free, 298-page IRS Publication 17. If you really need to maximize your deductions, employ a tax professional. They will not only maximize your deductions, but also assist to keep you out of having to address any IRS problems.

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June 24, 2008

How IRS Collectors Can Be Ceased By Bankruptcy

Many people need to pay money because of issues financially. Among creditors, the IRS is the most unforgiving and employ specific techniques to collect tax debts. You can get the IRS off your case with the protection offered by a bankruptcy claim.

Contrary to common belief, bankruptcy isn't an easy way out of debts. People can legally look for debt relief through this, and tax debts are included. It is likely to erase all tax and other debts by filing for Chapter 7 bankruptcy, but without any guarantees. Filing for Chapter 11, 12, or 13 bankruptcy provides people an opportunity to solve their IRS issues by agreeing into a payment plan.

You receive an 'automatic stay' or legal protection when you file for bankruptcy. Once you have filed for bankruptcy, all of your creditors, including the IRS, should stop all actions against you. The sole way creditors can hurdle the stay while your bankruptcy is still being dismissed or discharged is to apply to the bankruptcy court. Even though the IRS is a government entity, judges rarely lift the automatic stay. The IRS has to give evidence that fraud is being made for that to happen. You have more serious IRS issues on your hand if you are conducting fraud.

The statute of limitations is definitely prolonged when you file for bankruptcy. Until the bankruptcy is dismissed or discharged, the 'clock' freezes. If it's dismissed, then the clock goes on from that point forward.

The only form of bankruptcy that will cancel any tax debts effectively is the Chapter 7 bankruptcy. For tax debts to be eligible for discharge in a Chapter 7 bankruptcy claim, specific conditions must be accomplished. For example, the three-year rule should be satisfied during the bankruptcy proceeding. The 3-year rule states that any tax debts must stem from a tax return that was filed no less than three years prior to the year you file for bankruptcy. This includes extensions, although often pertaining to April 15 of the year the return was filed.

There's also the two-year rule which includes taxes filed two years before bankruptcy. Another rule is the 240-day rule, applicable to taxes assessed 240 days before bankruptcy filing.

If a tax lien was recorded before filing bankruptcy, the IRS still has rights to the taxpayer's property, even by filing a Chapter 7 bankruptcy. This is a very important loophole that the IRS employs. The taxpayer essentially is bought time to solve the IRS problem by re-organization when a Chapter 11, 12, or 13 bankruptcy is filed.

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June 21, 2008

Procedures in Back Taxes Filing

While most reasons for not filing taxes are acceptable, the fact is, even late or back taxes need to be filed in the long run. Filing back taxes will in fact, alleviate or altogether prevent future problems with the IRS. Whether you have only missed filing for a single year or you have not done so since the mid 1980’s, the IRS still requires that you file your taxes. This will certainly lessen your risk of being prosecuted by the IRS and having enforced tax collection methods thrust upon you.

While it would be great to have all tax records readily available, this is not likely for many. Phenomena such as fires, floods and other disasters may have completely destroyed everything a person owns, including his/her tax records. However, one of the key steps to filing back taxes is finding a great tax attorney and accountant who will be able to help in the reconstruction or retracing of a client’s tax records. At best, they can prepare and recreate relatively precise and complete tax records dating back to 15 to 20 years ago.

In certain circumstances, people just do not have sufficient funds to settle the amount due on their returns. But alternatives for filing a missing tax return or back taxes are always available. Among the major benefits of this move is avoiding a substantial penalty of 25%, which is the charge for late tax returns. In certain states, failing to file your income tax return can result to a sizeable penalty even if you don’t owe the government any money.

In the case where you have complete tax records of previous years, all you need to do now is prepare your tax returns. For most people, however, this is the stage that necessitates the help of a professional to avoid IRS problems. It is indeed a burden for a person if he/she does not know whether or not he/she still owes back taxes or to realize that such have not been paid yet. Simply making an appointment with a tax professional significantly eases this inconvenience.

Most people go on believing that electronic methods can be utilized in filing for back taxes. The IRS, on the other hand, does not allow these as they prefer to receive these requests through hand delivery or mail. To have proof that the IRS has received these documents, you should send them using certified mail.

Those who are aware that they owe the IRS any amount of money will be compelled to pay the applicable interest and fees. If you happen to be among these people, you can always request help from the IRS for the setting up of payment plans.

Depending on a person’s specific situation and other characteristics of his/her case, filing back taxes may be a relatively quick and easy procedure. Conversely, prolonging to deal with the situation and not filing or paying back taxes will only make matters worse. Increase in the amount of money due and worsening of penalties imposed on you are just few of the outcomes of such action.

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June 18, 2008

Paying Alimony as a Means of Lowering Your Withholding Tax

It seems that the IRS makes itself known in everything you do in your life. Getting married, getting divorced, delivering a baby, transferring to a new job, buying a home and even purchasing an energy efficient car have tax implications. The effects of alimony on your withholding tax and the modes of IRS assistance on this matter will be tackled in this article.

Paying federal income taxes can be done using any of the two: estimated tax or withholding tax. The self-employed usually make use of the estimated tax. To quote the IRS: “estimated tax is used to pay not only income tax, but self-employment tax and alternative minimum tax as well.” Employees, on the contrary, settle their taxes by withholding, meaning their employers withhold income tax from their monthly salaries. Whether taxes are taken from your job or other types of income like pensions, gambling winnings, bonuses and commission, they will always be reflected under your name.

The amount that is withheld from your pay is based on two factors: how much you make and the information provided on your W-4. Your civil status and the number of withholding allowances you are entitled to are among the details found in your W-4. For IRS help in determining your withholdings, try making use of their Withholding Calculator.

Alimony adjustment is one way of changing the amount that is withheld from your paycheck. To apply for this, you need to fill out a new W-4 and submit it to your employer. All you need to do to avail of this is forward to your employer a newly-accomplished W-4.

Alimony payments are taxable, therefore tax reduction can’t be a result of such type of income. If are receiving these, it is a good idea to fill out a new W-4 to reflect an increase in your income. Doing this will be helpful as you do not end up owing more taxes at the end of the year.

On the other hand, being the one to pay for the alimony entitles you for a tax deduction. But, it has to be paid in cash, through a check or through money order. If you directly pay certain bills in behalf of your ex-spouse, your expenses can’t be considered alimony. A newly accomplished W4 is enough to record requests for tax deductions gained from paying alimony.

Life changes are unavoidable and some of them are more drastic than the others. When they do come your way, do not forget to adjust the amount of income you have withheld from your paycheck.

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June 15, 2008

How to Deal with IRS Collections

Filing your tax return without putting in the amount due yet is the first stage in the IRS collections process. The IRS will then send you a bill for the amount owed. This first bill will merely bear the explanations behind your amount due and the need for you to make a full payment. If you don’t pay attention to this notice, another one will be sent to you making reference to the period and amount due as well as any applicable penalties. Continuing to ignore what the IRS sends you would result to the receipt of notices that are more threatening in nature. These notices, on the other hand, adhere to a specific format and are sent in a particular order. Looking them up from the IRS will give you more information and help you understand what each notice means. The bottomline is, if you receive these letters, you clearly have problems with the IRS that need to be settled as soon as possible.

If you feel that there were erroneous entries in your payables, you can send a letter to or call the IRS. They can accommodate discussions with you to re-check the issues and possibly, make the necessary corrections. Should you continue to get notices even after paying your dues, you may forward a photocopy of your proofs of payment to the IRS. Just do not give them the original documents so you can retain these for future references.

If the bill bears the correct tax due and you are required to pay the full amount, several payment options are available. If you cannot afford to completely pay for the tax due, you may request to have a payment plan arranged for you. In this agreement however, you will be paying for the debt over time and still incur the applicable interest for any unpaid balance or be penalized until you finish paying off the whole amount.

You can even request the IRS to put off their collection endeavors for a particular length of time if you are truly unable to make even partial payments as of the moment. During this time, you would be classified as currently not collective. However, such state still entitles you to fees and further interests that will most likely accrue. This will only worsen your IRS problem.

An often popular solution is an OIC, or Offer In Compromise. Although the requirements and qualifications are stringent and difficult, an offer in compromise will enable you to pay substantially less than the amount you owe in full, and the remaining portion will be forgiven. Although the odds of getting an approval for this are slim, it is always worth the risk as this effectively ends your IRS problem, at least until the next year.

In a number of occasions, all you really need to do is simply contact your local IRS office to settle your IRS tax issues. There is also a significant number of incidents when it is wise to refer to a professional tax attorney or accountant for advice on dealing with any IRS collections method. Even though you are indebted, the fact still remains that you need to be treated fairly and justly. Just be prudent in answering the notices that the IRS sends you. Doing otherwise results to the enforcement of more severe and more invasive collections procedures.

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June 12, 2008

How Do You Prevent an IRS Audit?

In general, a tax audit is feared by many people. Those who have been into an audit have circulated horror stories, which many of them are true – no matter how extreme and terrible they may seem. Both individual tax payers and businesses or companies can be audited at any point by the Internal Revenue Service. Luckily, only approximately 1.5% of all of the tax returns in the United States are ever audited yearly, and there are, in fact, steps and precautions you can take to lessen your chances of being one of the unfortunate people chosen by the IRS.

Among the best precautions is declaring all of your income. The government makes it a requirement that taxpayers report all of their income in detail, no matter what source you get it from. Whether you are an independent contractor, or an employee earning a salary, the rules as published by the IRS clearly indicate what is required to be reported on a tax return. To avoid an IRS problem, any cash or tips earned must also be declared and included in your tax return.

Another good tip in avoiding an IRS audit is making sure that you have the proper documents available to be able to prove everything that you have listed, should it be necessary. One example is your W-2 or the 1099, which is prepared by your employer and which reports the amount you have earned in the previous year while employed in that particular company. Recheck as well that the numbers in your W-2 are the same as the entries on your tax return.

You also want to make sure that you review your tax return for math errors. This type of errors is easy to spot and will come to the attention of the IRS. Hence, make time to recheck for miscalculations in your forms. Ensure that you have made the correct entries on the correct lines of the tax forms. The IRS assumes that a sloppy math computation means a sloppy filling out of the other areas in the tax return.

The usual mistake for business owners and independent contractors is thinking that home offices are used solely for business purposes. Because certain guidelines pertaining to home offices are outlined, simply claiming your house as a home office causes IRS issues. The guidelines include not keeping personal possessions and not conducting personal activities in the home office. Also, make sure that you do not declare more than 20% of your home as a home office.

Although it may seem that the government is against you and you can’t adequately battle an audit, certain precautions are available to avoid one. It is also important to remain calm as you are aware that you can take these precautions to protect yourself. After all, no one prefers to turn a tiny glitch in the tax return into a big IRS issue.

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June 9, 2008

The Fundamentals of Federal Tax Levy

Wage levies and bank account levies are the most commonly used tax collection methods. When any of these is imposed on you, it means that you have a serious problem with the IRS.

The IRS has the right to levy your wages, as well as retirement income, social security benefits and other bonuses, if you incur substantial tax debts. In fact, the IRS is the only entity that can garnish your paycheck without having to go though a trial. A simple notice from them obliges your employer to transfer a substantial amount of your paycheck to the IRS. Wage garnishment only terminates when the tax is paid off or until you receive a wage levy release.

The IRS can actually go after your clients if you are an independent contractor or self-employed and require them to pay a certain amount on your behalf. Although you will still receive something from them, this amount is considerably less than the amount that you could have earned. If you have questions regarding the exact amounts, you may want to look up IRS Publication 1494.

Issuing a bank account levy is the IRS’ second primary method of collecting tax debts. This method allows the IRS to take all of your money in any of the bank accounts registered under your name. There is no use arguing with your bank as they will always say they have no choice and they can’t go against a government order. However, the bank will only forward to the IRS funds that are on the account the day that the levy is delivered. In a hypothetical sense, if a levy notice is received on a Tuesday and a check is deposited on a Friday, the bank can’t transfer the funds in that check to the IRS unless another levy is issued.

You have up to 21 days to get a levy release if the IRS imposes a bank account levy on you. If nothing is done to get a levy release, the bank will automatically send your funds to the IRS. They can transfer up to the actual amount that is owed from the IRS. However, issuing repeated bank levies permits the Internal Revenue Service to take more money from any of your bank accounts.

Wage and bank account levies are only two of the collection methods used by the IRS. In more serious occasions, personal belongings like jewelry, house, insurance policies and collectables may also be subjected to a levy. To avoid getting to this point, pay the IRS what you owe them as a tax levy is a serious IRS problem that does not simply go away.

No matter which way you look at a federal tax levy, it will remain to be a serious issue. For anyone who owes the IRS any amount in tax debt, it is highly advisable that they pay off those debts before the government uses more serious collection techniques like wage garnishment and bank account levies.

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June 6, 2008

The Fundamentals of Federal Tax Levy

Wage levies and bank account levies are the most commonly used tax collection methods. When any of these is imposed on you, it means that you have a serious problem with the IRS.

The IRS has the right to levy your wages, as well as retirement income, social security benefits and other bonuses, if you incur substantial tax debts. In fact, the IRS is the only entity that can garnish your paycheck without having to go though a trial. A simple notice from them obliges your employer to transfer a substantial amount of your paycheck to the IRS. Wage garnishment only terminates when the tax is paid off or until you receive a wage levy release.

The IRS can actually go after your clients if you are an independent contractor or self-employed and require them to pay a certain amount on your behalf. Although you will still receive something from them, this amount is considerably less than the amount that you could have earned. If you have questions regarding the exact amounts, you may want to look up IRS Publication 1494.

Issuing a bank account levy is the IRS’ second primary method of collecting tax debts. This method allows the IRS to take all of your money in any of the bank accounts registered under your name. There is no use arguing with your bank as they will always say they have no choice and they can’t go against a government order. However, the bank will only forward to the IRS funds that are on the account the day that the levy is delivered. In a hypothetical sense, if a levy notice is received on a Tuesday and a check is deposited on a Friday, the bank can’t transfer the funds in that check to the IRS unless another levy is issued.

You have up to 21 days to get a levy release if the IRS imposes a bank account levy on you. If nothing is done to get a levy release, the bank will automatically send your funds to the IRS. They can transfer up to the actual amount that is owed from the IRS. However, issuing repeated bank levies permits the Internal Revenue Service to take more money from any of your bank accounts.

Wage and bank account levies are only two of the collection methods used by the IRS. In more serious occasions, personal belongings like jewelry, house, insurance policies and collectables may also be subjected to a levy. To avoid getting to this point, pay the IRS what you owe them as a tax levy is a serious IRS problem that does not simply go away.

No matter which way you look at a federal tax levy, it will remain to be a serious issue. For anyone who owes the IRS any amount in tax debt, it is highly advisable that they pay off those debts before the government uses more serious collection techniques like wage garnishment and bank account levies.

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