audits

When a taxpayer is attempting to settle his debt with the IRS, the taxpayer is required to be “in tax compliance”

The Burden Is Upon The Taxpayer To Prove Tax Compliance for the Current Tax Year

The Taxpayer Must Show That His Past Tax Non-Compliance Transgressions Have Ceased In Order to Be Eligible for an Installment Agreement or OIC

Background

The taxpayer owes money to the IRS and is ready to work out a deal to resolve that debt. In order to do so, the first thing the IRS will insist on is that the taxpayer get into tax compliance.

This means that all tax returns need to be filed and that the taxpayer is properly making their current year tax payments.

If a taxpayer is not in tax compliance, the IRS will not work with the taxpayer to settle the debt. We often refer to this as the taxpayer must show that the bleeding has stopped. If the taxpayer can demonstrate to the IRS that he has filed his current tax return and is making the necessary tax payments for the current tax year, then the IRS will discuss how best to resolve the tax debt associated with the earlier tax years.

What Does It Mean to be in Tax Compliance?

All tax returns are filed. If there are back year tax returns that have not been filed, they must be prepared and submitted to the IRS. Typically, this means that the last six years of tax returns must be on file with the IRS. The IRS can request that returns beyond the last six years be filed. If an IRS Revenue Officer is handling the case and believes that significant tax liabilities may exist in those earlier years, the RO may request that those earlier tax years be filed. If no return is filed for any year, the taxpayer needs to realize that the statute of limitations remains open indefinitely and the IRS has the right to assess and collect those taxes. IRS rules do not apply to the states.

Most states require that tax returns be filed for ALL unfiled tax years.

Whereas the IRS has 10 years to collect an assessed but unpaid tax, many states have enacted a 20-year collection period as they often learn of the tax liability from their sharing of tax information agreement with the IRS.

If the taxpayer is a W-2 employee, sufficient income taxes are being withheld on a regular basis and are sufficient to cover the tax bill at the end of the year.

If the taxpayer is self-employed, that quarterly estimated taxes are timely filed and in the proper amount.

A business with employees must make sure that all payroll taxes are deposited on time and that all quarterly filings are timely.

Future tax returns are timely filed during the resolution period. For OICs, that time period is five years. For installment agreements, it is during the term of the installment agreement. Failure to meet this requirement will result in any settlement plan to be voided. The IRS position is that if the taxpayer cannot remain compliant, there is no reason to keep in place any agreement for the future.

Tax Planning Tip #1

It is always a good practice to accumulate your tax records and information contemporaneously during the tax year and have your tax return prepared ASAP after December 31 in the following tax year, but no later than April 15 (unless an extension to file has been submitted to the IRS).

Tax Planning Tip #2

If you have insufficient funds to pay your tax liability in full by April 15, file your tax return by April 15 without the tax payment. The failure to file a timely tax return is subject to a 5% monthly penalty; whereas, failure to pay carries a 0.5% penalty.

If you would like to discuss your business or personal tax planning, tax preparation and other financial concerns with an experienced tax professional, we invite you to call 610-594-2601 today to make an appointment at our Exton PA CPA office to discuss your situation. You can also schedule a consultation at Click Here.

About F. Bryan Haarlander, EA, CTRS:

Bryan Haarlander, an Enrolled Agent and a Certified Tax Resolution Specialist, is an affiliate member of the Suburban West Realtors® Association, a member of the American Society of Tax Problem Solvers (ASTPS), PA Society of Tax & Accounting Professionals (PSTAP), the National Society of Accountants (NSA) and the National Association of Tax Professionals (NATP). He is the author of “How to Resolve Your IRS Tax Debt Problems” as well as a book on how to start your own business. He has been practicing in Exton for 19 years. His firm serves clients in the western suburbs of Philadelphia, PA, which includes the cities of Chester Springs, Coatesville, Collegeville, Devon, Downingtown, Exton, Frazer, King of Prussia, Paoli, Philadelphia, Phoenixville, Pottstown, Radnor, Reading, Wayne, West Chester in Berks, Chester,  Delaware, Montgomery and Philadelphia Counties, as well as clients in Delaware, New Jersey, New York and throughout the continental USA.

If not a subscriber to his blogs, http://www.taxexpertblog.com and http://www.stopmytaxproblems.comyou may wish to do so as he discusses various pertinent tax and business issues.

For individual tax payers, real estate professionals, contractors and other self-employed individuals with IRS tax debt issues or tax planning issues, feel free to contact me at (610) 594-2601 or by email at info@keysolutions.us.

Keystone Financial Solutions, Inc. specializes in providing innovative tax planning, tax preparation, and solving IRS tax debt problems. The company’s web site is https://www.keysolutions.us and its telephone number is (610) 594-2601.

By visiting our website you can learn about the 5 Secrets the IRS Doesn’t Share and order a FREE SPECIAL REPORT: Should You Represent Yourself or Hire a Tax Professional.

BE SURE TO READ THE DISCLAIMER PAGE: Tax laws, IRS rules and regulations change frequently. Although we hope you’ll find this information helpful, this blog is for educational purposes only and should not be considered as the rendering of tax, legal or investment advice. The publisher shall not assume liability for any losses, injuries, or damages from the display or use of this information. Should you wish to engage our firm to represent you and your individual situation, please call us at (610) 594-2601.

Copyright © 2020 Keystone Financial Solutions, Inc.  All rights reserved. 

The IRS is allocating more resources to collect taxes from high income taxpayers who fail to file their tax returns

Taxpayers Who Made Over $100,000 & Not Filed a Return Before 2019 Are Being Targeted

IRS Office of Fraud Enforcement Prioritizing the Most Egregious Non-filer Cases

Background

The IRS is concerned about the perception held by many taxpayers that high income taxpayers do not pay their fair share of taxes. Accordingly, it is placing a renewed focus on wealthy individuals who live in the US and abroad who are not paying their taxes.

What Is the IRS’s Renewed Focus on High Income Taxpayers?

The IRS has identified and contacted taxpayers who made more than $100,000 and had not filed a tax return before 2019 to ensure they understood their obligation to file and pay income taxes.

Most of those taxpayers responded and have either filed or paid their tax obligations, or are using an IRS payment plan option.

For those non-filers who didn’t respond, the IRS assigned revenue officers (ROs) — its civil enforcement officers — and prioritized the most egregious non-filer cases so they can reach out to non-responsive taxpayers directly.

The IRS had expected to have its compliance officers meet face-to-face with the non-responsive taxpayers, but COVID-19 delayed those in-person visits. Despite this, the IRS has identified about 1,500 of the most serious ones, many with millions of dollars of suspected unclaimed incomes. The ROs worked hundreds of these cases within the first 60 days of the higher-income enforcement effort, starting in February 2020.

Some of the high-income non-filer cases from this year’s focused effort — and others that taxpayers didn’t resolve — are being handled by the IRS’s new Office of Fraud Enforcement. Created earlier this year, per the IRS, the office acts a bit like a computer’s Central Processing Unit, or CPU. It connects the dots across all IRS divisions, and sometimes across federal agencies, to confront emerging threats and bring offenders to justice with both civil and criminal penalties.

The office is also reviewing high income non-filer cases that will be referred to the IRS Criminal Investigation Division to potentially be pursued criminally for offenses, including failure to file, tax evasion and tax fraud.

Is the Renewed Focus Productive?

Blatant tax offenders can face large penalties, including interest and back taxes, and even serve prison time. The IRS has publicized one such case on its website,    Alabama salesman.   As court documents note, he stopped filing taxes, thinking he could hide his income overseas and used other tactics to avoid paying taxes. He’s now paying back more than $1 million owed and was sentenced to two years in prison.  

If I Don’t File a Tax Return, How Can the IRS Find Me?

Per the IRS, a common misperception among non-filers is that by not filing a return, they won’t be caught. The IRS says, “Even if they don’t file, we still have ways to know how much income they should be reporting. We have a robust system to collect information from many sources to identify possible tax issues, including multiple third-party sources, taxpayers’ previous filing histories and their addresses. We also have other legal avenues that provide potential information for cases including:

Information provided to the IRS whistleblower program

Information received from United States Attorney offices across the country

Ongoing investigations by other law enforcement agencies

Tips from colleagues, neighbors and friends

Tax treaty and information exchange per case investigation requests”

Tax Planning Tip #1

Tax evasion can lead to both civil and criminal charges. The IRS is becoming more adept at identifying non-filers and foreign countries are increasingly working with the IRS to identify these non-compliant taxpayers.  File your tax returns and remember that you are signing those returns under penalty of perjury.

Tax Planning Tip #2

Find a competent tax professional to ensure that all deductions are claimed and exclusions of income allowed by the Internal Revenue Code, IRS regulations, tax treaties, etc. are considered. If you have income sources from outside the U.S., work with tax professionals in those countries outside the U.S.

There are legitimate tax resolution firms. The challenge is finding a firm that has an excellent tax resolution reputation and the necessary training and experience. Some taxpayers mistakenly assume that their tax professional has the necessary qualifications. Look at your tax professional’s website. If they don’t specialize in solving IRS tax problems, ask them for a referral. A CPA, enrolled agent or attorney who does tax representation work without being qualified to do so, runs afoul of IRS Circular 230.

If your tax professional is unable to recommend such an expert, call the American Society of Tax Problem Solvers at (716) 630-1650 and request 2-3 referrals located near you. We recommend that you deal with a local company where you can meet the persons who will be representing you.

Do your due diligence. Check with the Better Business Bureau and the state attorney general office to see if complaints have been filed against the firm you are considering using.

Tax Planning Tip #3

While you can submit your own OIC without using a tax representative which will save you the representation fee, it is often more expensive to do so. A specialist knows how to negotiate with the IRS and what expenses it will accept and the exceptions to the general rules that the IRS will allow. If you have an experienced tax professional working your case, your offer amount will likely be significantly less than that you would compute.

If you are determined to submit your own OIC, we suggest that you first read “How to Resolve Your IRS Tax Debt Problems”.

If you would like to discuss your business or personal tax planning, tax preparation and other financial concerns with an experienced tax professional, we invite you to call 610-594-2601 today to make an appointment at our Exton PA CPA office to discuss your situation. You can also schedule a consultation at Click Here.

About F. Bryan Haarlander, EA, CTRS:

Bryan Haarlander, an Enrolled Agent and a Certified Tax Resolution Specialist, is an affiliate member of the Suburban West Realtors® Association, a member of the American Society of Tax Problem Solvers (ASTPS), PA Society of Tax & Accounting Professionals (PSTAP), the National Society of Accountants (NSA) and the National Association of Tax Professionals (NATP). He is the author of “How to Resolve Your IRS Tax Debt Problems” as well as a book on how to start your own business. He has been practicing in Exton for 19 years. His firm serves clients in the western suburbs of Philadelphia, PA, which includes the cities of Chester Springs, Coatesville, Collegeville, Devon, Downingtown, Exton, Frazer, King of Prussia, Paoli, Philadelphia, Phoenixville, Pottstown, Radnor, Reading, Wayne, West Chester in Berks, Chester,  Delaware, Montgomery and Philadelphia Counties, as well as clients in Delaware, New Jersey, New York and throughout the continental USA.

If not a subscriber to his blogs, http://www.taxexpertblog.com and http://www.stopmytaxproblems.comyou may wish to do so as he discusses various pertinent tax and business issues.

For individual tax payers, real estate professionals, contractors and other self-employed individuals with IRS tax debt issues or tax planning issues, feel free to contact me at (610) 594-2601 or by email at info@keysolutions.us.

Keystone Financial Solutions, Inc. specializes in providing innovative tax planning, tax preparation, and solving IRS tax debt problems. The company’s web site is https://www.keysolutions.us and its telephone number is (610) 594-2601.

By visiting our website you can learn about the 5 Secrets the IRS Doesn’t Share and order a FREE SPECIAL REPORT: Should You Represent Yourself or Hire a Tax Professional.

BE SURE TO READ THE DISCLAIMER PAGE: Tax laws, IRS rules and regulations change frequently. Although we hope you’ll find this information helpful, this blog is for educational purposes only and should not be considered as the rendering of tax, legal or investment advice. The publisher shall not assume liability for any losses, injuries, or damages from the display or use of this information. Should you wish to engage our firm to represent you and your individual situation, please call us at (610) 594-2601.

Copyright © 2020 Keystone Financial Solutions, Inc.  All rights reserved. 

OIC Predatory Firms Charge Exorbitant Fees and Make Exaggerated Claims of Success

Caution: Don’t Fall Victim to an Offer in Compromise (OIC) Scam

Predatory Marketing Techniques Take Advantage of Taxpayers Who Owe the IRS

Background

Due to the prolonged Covid-19 pandemic, many individuals and business owners are facing unprecedented financial challenges.

Individuals may find themselves not being financially able to pay their monthly payment to the IRS and default on their installment agreement, or fail to pay their current year taxes and default on their OIC. Business owners sometimes make the mistake of thinking their cash flow problem is a temporary one and think their cash flows will be better next month. Such thinking often leads the business to not remitting the payroll taxes withheld from their employees’ pays or not timely remitting state sales taxes collected thinking it will make up the difference the following month.

What Is An OIC?

An offer in compromise (OIC) is an agreement between a taxpayer and the Internal Revenue Service that settles a taxpayer’s tax liabilities for less than the full amount owed.

“FOR LESS THAN THE FULL AMOUNT OWED“

Who would not be interested in settling their taxes for LESS THAN THE FULL AMOUNT OWED? This is why the OIC mills are so successful in selling their OIC services to taxpayers.

Some taxpayers mistakenly believe that all they need to do is make the IRS an offer to pay some amount, and the total tax liability is forgiven.

However, the IRS won’t accept an OIC unless the amount offered by a taxpayer is equal to or greater than the reasonable collection potential (RCP) as computed by the IRS. The RCP is how the IRS measures the taxpayer’s ability to pay. The RCP includes the liquidation value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, and other property. In addition to property, the RCP also includes anticipated future income less certain amounts allowed for basic living expenses. The IRS allowed amounts for basic living expenses are often less than the taxpayer’s actual expenses.

The Dirty Dozen

Each year the IRS publishes its Dirty Dozen tax schemes that taxpayers need to avoid. If you have never reviewed this list, you should do so. This year the IRS added OIC Mills to its list, thus showing that this is an ever-increasing problem for taxpayers.

Unscrupulous OIC Mills

During difficult financial times, the promises of unscrupulous OIC mills sound very appealing. They heavily advertise on radio, cable and television, some of the more expensive forms of marketing. They often claim that they can settle IRS tax debts for pennies on the dollar. This is unfortunate, because generally these OIC mills collect exorbitant fees and often do not get the taxpayer into an OIC. Since it often takes over 12 months for the IRS to review and act upon an OIC, the taxpayer’s IRS debt continues to grow due to the continued assessment of interest and penalties. Thus, the taxpayer can find himself in a worse financial situation for having paid the OIC fees and not getting the OIC accepted. These OIC mills need to charge high fees to cover their radio and television advertising budget.

Desperate taxpayers often fall victim to OIC mills’ misleading media advertisements promising miraculous tax debt relief. For example, these mills monitor public records for IRS tax lien filings and then mail the taxpayers misleading letters that warn of drastic consequences if the taxpayer does not immediately call an “800” number to resolve their tax debt. Some mills send solicitation letters that at first glance closely resemble official IRS notices.

OIC Facts

The IRS data statistics for the 12-month period ended September 30, 2019 show that the IRS accepted only about one out of every three OICs submitted (17,890 of 54,225).

Perhaps a more telling statistic is that the IRS accepted over 2.8 million installment agreements during this same period – compared to 17,890 OICs accepted.

Tax Planning Tip #1

There are legitimate tax resolution firms. The challenge is finding a firm that has an excellent tax resolution reputation and the necessary training and experience. Some taxpayers mistakenly assume that their tax professional has the necessary qualifications. Look at your tax professional’s website. If they don’t specialize in solving IRS tax problems, ask them for a referral. A CPA, enrolled agent or attorney who does tax representation work without being qualified to do so, runs afoul of IRS Circular 230.

If your tax professional is unable to recommend such an expert, call the American Society of Tax Problem Solvers at (716) 630-1650 and request 2-3 referrals located near you. We recommend that you deal with a local company where you can meet the persons who will be representing you.

Do your due diligence. Check with the Better Business Bureau and the state attorney general office to see if complaints have been filed against the firm you are considering using.

Tax Planning Tip #2

While you can submit your own OIC without using a tax representative which will save you the representation fee, it is often more expensive to do so. A specialist knows how to negotiate with the IRS and what expenses it will accept and the exceptions to the general rules that the IRS will allow. If you have an experienced tax professional working your case, your offer amount will likely be significantly less than that you would compute.

If you are determined to submit your own OIC, we suggest that you first read “How to Resolve Your IRS Tax Debt Problems”.

If you would like to discuss your business or personal tax planning, tax preparation and other financial concerns with an experienced tax professional, we invite you to call 610-594-2601 today to make an appointment at our Exton PA CPA office to discuss your situation. You can also schedule a consultation at Click Here.

About F. Bryan Haarlander, EA, CTRS:

Bryan Haarlander, an Enrolled Agent and a Certified Tax Resolution Specialist, is an affiliate member of the Suburban West Realtors® Association, a member of the American Society of Tax Problem Solvers (ASTPS), PA Society of Tax & Accounting Professionals (PSTAP), the National Society of Accountants (NSA) and the National Association of Tax Professionals (NATP). He is the author of “How to Resolve Your IRS Tax Debt Problems” as well as a book on how to start your own business. He has been practicing in Exton for 19 years. His firm serves clients in the western suburbs of Philadelphia, PA, which includes the cities of Chester Springs, Coatesville, Collegeville, Devon, Downingtown, Exton, Frazer, King of Prussia, Paoli, Philadelphia, Phoenixville, Pottstown, Radnor, Reading, Wayne, West Chester in Berks, Chester,  Delaware, Montgomery and Philadelphia Counties, as well as clients in Delaware, New Jersey, New York and throughout the continental USA.

If not a subscriber to his blogs, http://www.taxexpertblog.com and http://www.stopmytaxproblems.comyou may wish to do so as he discusses various pertinent tax and business issues.

For individual tax payers, real estate professionals, contractors and other self-employed individuals with IRS tax debt issues or tax planning issues, feel free to contact me at (610) 594-2601 or by email at info@keysolutions.us.

Keystone Financial Solutions, Inc. specializes in providing innovative tax planning, tax preparation, and solving IRS tax debt problems. The company’s web site is https://www.keysolutions.us and its telephone number is (610) 594-2601.

By visiting our website you can learn about the 5 Secrets the IRS Doesn’t Share and order a FREE SPECIAL REPORT: Should You Represent Yourself or Hire a Tax Professional.

BE SURE TO READ THE DISCLAIMER PAGE: Tax laws, IRS rules and regulations change frequently. Although we hope you’ll find this information helpful, this blog is for educational purposes only and should not be considered as the rendering of tax, legal or investment advice. The publisher shall not assume liability for any losses, injuries, or damages from the display or use of this information. Should you wish to engage our firm to represent you and your individual situation, please call us at (610) 594-2601.

Copyright © 2020 Keystone Financial Solutions, Inc.  All rights reserved.