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Chapter 11 Bankruptcy and Taxes

chapter 11 bankruptcy and taxes

Navigating the intricate world of bankruptcy can be difficult, particularly when it comes to comprehending the tax implications. Chapter 11 bankruptcy is a powerful instrument for reorganizing individuals and enterprises and regaining financial stability. However, it is critical to understand how this process impacts taxes and plan properly. In this blog article, we’ll look at the tax consequences of Chapter 11 bankruptcy and provide useful information to help individuals and companies make informed decisions. 

What is Chapter 11 bankruptcy? 

Also known as a “reorganization” bankruptcy, Chapter 11 bankruptcy is much more complicated than its counterparts. Chapter 11 bankruptcy is a type of bankruptcy in which you keep your financial assets and exempt property. Unlike Chapter 7 bankruptcy, you are the appointed trustee in this sort of bankruptcy case, and you can borrow new money. With Chapter 11 bankruptcy, some taxes can be discharged, but it varies per situation. It’s important to note that failure to properly reorganize and obtain approval for a debt repayment plan may result in the conversion of a Chapter 11 case to a Chapter 7, in which assets are liquidated to pay off debt. 

What happens to tax debt after filing for Chapter 11 bankruptcy? 

Chapter 11 bankruptcies typically do not discharge tax debt. In Chapter 11, pre-petition tax liabilities are categorized as “priority claims.” These claims must be paid in full, and tax officials are usually given priority over other creditors. However, there are circumstances where taxes can be considered a “dischargeable debt” that may be forgiven through bankruptcy. The amount of tax debt that can be erased is determined by a variety of factors, including the type of tax owed, the length of time the tax obligation has been outstanding, and the corporation’s or individual’s financial means.  

Filing Tax Returns After Bankruptcy 

Businesses must continue to file their tax returns as required by the IRS under Chapter 11 bankruptcy. Failure to meet these duties may result in penalties and audit risks. It’s critical to work with a skilled tax professional to ensure timely and accurate filing of tax returns, as noncompliance may stall the bankruptcy process and cause further legal issues. While in bankruptcy, you can still obtain tax refunds. However, refunds may be delayed or used to pay off tax debts. 

Tax Help for Bankruptcy Filers 

Throughout the bankruptcy process, it’s crucial that you remain compliant with the IRS, specifically with tax filing and reporting. Failure to file tax returns on time and correctly may result in penalties and other problems. Also keep in mind that if you do declare bankruptcy, you may have additional reporting requirements, such as alerting the IRS of your bankruptcy filing. Given the complexities and potential tax ramifications of bankruptcy, it is strongly advised to seek professional advice. Consulting with tax professionals as well as bankruptcy attorneys will provide you with the information you need to successfully navigate the process. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.  

If You Need Tax Help, Contact Us Today for a Free Consultation

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Chapter 7 Bankruptcy and Taxes

chapter 7 bankruptcy and taxes

Bankruptcy is an exhausting process that individuals and corporations may have to go through when they are overburdened by financial obligations. While it provides the opportunity for a fresh start, it is critical to be mindful of the tax implications. In this blog article, we will discuss the tax implications of bankruptcy, assisting you in understanding the potential penalties and providing guidance to help you navigate this complex scenario. 

Taxes After Bankruptcy 

The discharge of debts is one of the key benefits of bankruptcy, allowing people or organizations to erase or restructure their financial commitments. It is important to note, however, that not all obligations, including certain tax debts, are immediately forgiven. Much of it will depend on which type of bankruptcy you file for. 

What is Chapter 7 bankruptcy? 

Chapter 7 bankruptcy, commonly known as “liquidation bankruptcy” or “straight bankruptcy,” is a legal procedure that allows individuals or corporations to start over financially by erasing the majority of their debts. It is the most common type of personal bankruptcy in the United States. A trustee is appointed in Chapter 7 bankruptcy to oversee the proceedings and manage the debtor’s assets. The primary function of the trustee is to identify any non-exempt assets that can be sold or liquidated to repay creditors. 

What happens to tax debt after filing for Chapter 7 bankruptcy? 

Income taxes can be discharged by filing Chapter 7 bankruptcy if you meet certain requirements including: 

  • Your tax debt is income based (either federal or state) 
  • You did not intentionally evade making tax payments and all actions were lawful 
  • Your tax debt is at least 3 years old 
  • You filed a tax return at least 2 years before filing for bankruptcy (late returns and substitute returns filed by the IRS generally do not count) 
  • The taxes in question were assessed at least 240 days before filing for bankruptcy 

You must note that any tax liens recorded before the bankruptcy will remain in effect. This means that you will still need to pay off the tax lien when you sell the property with the lien attached to it. 

In addition, property taxes owed before the bankruptcy is filed will still be owed. Taxes other than federal and state will also still be due, including FICA, Medicare, sales tax, etc. You should also expect to continue paying certain employment taxes and penalties.  

Filing Tax Returns After Bankruptcy 

When filing, you will use Form 1040 for your individual return and your appointed trustee will file Form 1041 on your behalf, which is the U.S. Income Tax Return for Estates and Trusts. You may receive Form 1099-C, Cancellation of Debt from creditors that canceled $600 or more in debt on your behalf. Typically, any canceled debt should be reported on your tax return as taxable income. However, having debt forgiven through bankruptcy typically exempts an individual from paying taxes on the canceled debt. When your debt is discharged through bankruptcy, you’ll need to file IRS Form 982, About Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness to inform the IRS of your discharged debt that should be excluded from your taxable income. 

Tax Help for Bankruptcy Filers 

Compliance with tax return filing and reporting duties is critical throughout bankruptcy. Failure to file tax returns on time and appropriately might result in penalties and further issues. Furthermore, if you file for bankruptcy, you may have extra reporting duties, such as notifying the IRS of your bankruptcy filing. Given the intricacy and potential tax implications of bankruptcy, it is strongly advised to obtain expert guidance. Consulting with both tax professionals and bankruptcy attorneys will give you the knowledge you need to successfully navigate the process. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.  

Contact Us Today for a Free Consultation 

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What is FICA Tax?

what is fica tax

You may notice several deductions on your paycheck, such as federal income tax, state taxes, and Social Security. The Federal Insurance Contributions Act (FICA) tax is a critical component of these deductions. While the FICA tax may appear complex at first, understanding its purpose and ramifications can help you make sound financial decisions. This blog post will go into detail on the FICA tax, its components, and how it affects your salary. 

What is FICA Tax? 

The FICA tax is a mandatory payroll tax that is deducted from the earnings of American workers. It is an abbreviation for the Federal Insurance Contributions Act, which was passed in 1935 in order to provide social welfare programs such as Social Security and Medicare. The major purpose of the FICA tax is to provide financial stability for retired and disabled people as well as healthcare benefits to eligible residents. Most employees have a total of 15.3% deducted from their paychecks for FICA tax, but they are only responsible for paying half, while their employers are responsible for the other half. 

FICA Tax: Social Security 

The Social Security tax accounts for the majority of the FICA tax, accounting for 12.4% of your wages, half paid by you and half paid by your employer. The Social Security program, which pays retirement, disability, and survivor benefits, is funded by this tax. It is crucial to note, however, that the Social Security tax has an income cap. You no longer pay Social Security tax for that year if your wages surpass the cap. In 2023, FICA tax is only collected on the first $160,200 of earnings but this figure may change annually.  

FICA Tax: Medicare 

The Medicare tax, which amounts to 2.9% of your income, half paid by you and the other half paid by your employer, is the smallest element of the FICA tax. This tax supports the Medicare program, which provides vital healthcare benefits to people 65 and older, as well as certain disabled people. Unlike the Social Security tax, there is no income limit for the Medicare tax, so all of your wages are taxed. 

An additional 0.9% Medicare tax is placed on incomes above a particular level for high-income individuals. This threshold is set at $200,000 for single filers and $250,000 for married couples filing jointly in 2023. This Medicare tax is intended to help pay for the Affordable Care Act and the Medicare program. Employers are not required to pay this tax.  

FICA Tax Exemptions 

These rules apply to the majority of workers but there are some exceptions. For example, self-employed individuals are responsible for paying the full 15.3% FICA tax since they do not have an employer to split the cost. On the other hand, there are a few groups that are exempt from paying the tax altogether. This includes college students who work on the campus in which they study, some nonimmigrants and nonresident aliens, and some religious groups. However, it’s important to note that opting out of this tax also means opting out of receiving Social Security and Medicare benefits.  

How to Calculate FICA Tax 

As mentioned earlier, you are only responsible for half the required 15.3% FICA tax, or 7.65%. To find out how much you will pay in FICA taxes per year, you can multiply your gross income (up to $160,200 in 2023) by 7.65%. If you are self-employed, you should multiply your gross income (up to $160,200 in 2023) by 15.3%. Keep in mind that you may need to add in the additional 0.9% if you are a high earner. In any case, you should always be mindful of how much taxes you are paying throughout the year in order to avoid a surprise tax bill during tax season. Things like switching jobs or working multiples jobs at a time can result in overpaying or underpaying FICA tax. Optima Tax Relief has over a decade of experience helping taxpayers with all kinds of tax situations. 

If You Need Tax Help, Contact Us Today for a Free Consultation 

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What Medical Expenses Are Tax Deductible?

what medical expenses are tax deductible

Tax deductions can drastically reduce your total tax liability and allow you to save money. While medical bills can be a significant hardship for many individuals and families, it is critical to understand that certain medical expenses are tax deductible. Understanding the eligibility criteria and documentation requirements will help you in optimizing your deductions and possibly lowering your tax payment. In this post, we will look at medical expenses that are tax deductible. 

Tax Deductible Medical Expenses 

You might be surprised to hear that the IRS lists over 80 medical expenses that you can deduct from your taxes. While the full list of eligible expenses can be found on IRS Publication 502, some common expenses include: 

  • Acupuncture 
  • Ambulance services 
  • Braille reading materials 
  • Costs incurred to accommodate your home to a disabled condition 
  • Costs incurred to install special equipment in your vehicle that accommodates a disabled condition 
  • Chiropractor 
  • Contact lenses 
  • Dental treatment 
  • Eye exams 
  • Fertility treatment 
  • Hearing aids 
  • Lab fees 
  • Medicines 
  • Nursing home expenses 
  • Physical exams 
  • Psychiatric care 
  • Transplants 
  • X-rays 

Medical Expenses That Are Not Tax Deductible 

You should always be aware of the medical expenses you may not deduct during tax time including but not limited to: 

  • Cosmetic surgery (some limitations apply) 
  • Funeral expenses 
  • Future medical care 
  • Maternity clothes 
  • Nonprescription drugs and medicines 
  • Nutritional supplements 

How to Claim Medical Expense Deductions 

In order to deduct medical expenses on your tax return, you will need to itemize your deductions. That being said, it is really only worth doing if your medical expenses exceed the standard deduction. The 2022 standard deduction is $12,950 for a single filer and those who are married but filing separately, $25,900 for married couples filing jointly, and $19,400 for heads of households. These figures are set to increase for tax year 2023 to the following:  

  • Single Filers, Married Couples Filing Separately: $13,850 
  • Married Couples Filing Jointly: $27,700 
  • Heads of Households: $20,800 

If it seems itemizing your deductions would save you money than taking the standard deduction, you can deduct your qualified medical expenses using Schedule A. Keep in mind that you may only deduct unreimbursed medical expenses paid during the year previous. In addition, you can only deduct expenses that exceed 7.5% of your adjusted gross income (AGI). For example, if your AGI is $45,000, then the first $3,375 (7.5% of $45,000) of qualified medical expenses cannot be deducted. Anything that exceeds $3,375 can be deducted. Assuming you had $10,000 of unreimbursed medical expenses for the year, you would be allowed to deduct $6,625 of it on your tax return. 

If you do decide to deduct medical expenses during tax time, be sure to keep adequate records of your expenses during the year. Keep receipts, invoices, statements, and any other relevant documentation that validate your medical expenses. Not doing so can result in financial loss, risk of audits, and dealing with the IRS. If the IRS has reached out to you about your tax situation, we can help. Optima Tax Relief has over a decade of experience helping taxpayers with tough tax situations. 

Contact Us Today for a Free Consultation 

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What is Imputed Income?

what is imputed income

While you may not have heard of the term “imputed income,” chances are that you might be receiving it from an employer. Imputed income is essentially non-cash goods or services that you receive from your employer as a form of income. It’s important to know how much imputed income you receive because it is taxable, which means it can come with certain tax implications. Here’s an overview of imputed income and how it works. 

What is considered imputed income? 

Imputed income is essentially any non-cash items or services that you receive from your employer. Imputed income is expressed as the cash value of the non-cash perks you receive at work. The total amount of imputed income is typically reported on an employee’s W-2 under “Wages, Tips and Other Compensation.” The more common examples of perks or “fringe benefits” that contribute to imputed income include: 

  • Company vehicles: If you use a company car for work, this can be considered imputed income. However, only your personal use of the car is taxed as a fringe benefit. The amount taxed will depend on the fair market value of the car and the total miles driven for personal use compared to total miles driven that year. If you use a company car for personal use, you should actively log mileage and the purpose of each trip.  
  • Gym memberships: Some companies give their employees free gym memberships to encourage wellness. This fringe benefit should be reported as income during tax time. This is true even if the gym membership is paid for through your employer-sponsored health insurance provider. If the gym is at the same location of the work property and is not only available to employees, then it is excluded from imputed income.  
  • Education assistance: Some employers reimburse employees for higher education tuition, as long as the program of study is related to their area of work. If the amount granted to the employee exceeds $5,250, the excess will be considered taxable imputed income. 

What is not considered imputed income? 

Typically, things like company cell phones, meals, some employment discounts, accident benefits, awards worth less than $1,600 in value, and health savings accounts are not considered imputed income.  

How do I report imputed income? 

Your employer should withhold taxes on your imputed income and then report it on your W-2. If your employer does not withhold taxes from your imputed income, they are still responsible for reporting the income. This means you are responsible for paying the tax on the income at tax time. If you’re unsure about whether you currently receive any form of imputed income, you should seek help from a knowledgeable tax preparer. Optima Tax Relief has over a decade of experience helping taxpayers with tough tax situations. 

Contact Us Today for a Free Consultation 

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How Going Green at Home Can Save You Money During Tax Time

how going green at home can save money during tax time

With all the talk of the new electric vehicle (EV) tax credits, it’s a good time to remind you that you can also claim tax credits by making some energy efficient upgrades to your home. The Energy Efficient Home Improvement Credit and the Residential Clean Energy Credit are up for grabs if you recently made qualified updates to your home that help conserve energy. Here’s a breakdown of two home energy tax credits, who qualifies for them, and how to claim them during tax time. 

Energy Efficient Home Improvement Credit 

Beginning January 1, 2023, the Inflation Reduction Act allows taxpayers to claim up to $3,200 for the year the improvements were made. Improvements made to upgrade energy efficiency are qualified expenses, including: 

  • Exterior doors, windows, skylights  
  • Insulation 
  • Central air conditioners 
  • Water heaters 
  • Furnaces and hot water boilers 
  • Heat pumps 
  • Biomass stoves and boilers 
  • Home energy audits of a primary residence 

Renters and homeowners of primary residences and second homes may also claim the tax credit as long as the property is used as a residence. Landlords, on the other hand, cannot claim the tax credit. The residence must be existing or for an addition or renovation to an existing home. Qualified taxpayers may claim 30% of their expenses, up to $1,200 for energy property costs and some home improvements that upgrade energy efficiency. Up to 30% of your expenses, up to $2,000 may be claimed per year for qualified heat pumps, biomass stoves or biomass boilers. This tax credit may not be carried to future tax years and is nonrefundable. In other words, your savings cannot exceed the amount of tax you owe. 

Residential Clean Energy Credit  

The Residential Clean Energy Credit can be claimed for 30% of the expenses of new, qualified clean energy improvements in your home, as long is it was installed between 2022 and 2033. These qualified expenses include: 

  • Solar electric panels 
  • Solar water heaters (must be certified by the Solar Rating Certification Corporation or comparable organization) 
  • Geothermal heat pumps (must meet Energy Star requirements) 
  • Wind turbines 
  • Fuel cells  
  • Battery storage technology (must have capacity of at least 3 kilowatt hours) 

You may claim this tax credit as long as the upgrades were made to an existing home or to a newly constructed home. The credit must be claimed in the tax year that the improvements were installed and not just purchased. This credit is nonrefundable, meaning your savings cannot exceed the amount of tax you owe. Additionally, there is no annual or lifetime limit on the amount credited to you, except for improvements made to fuel cells, as this provision will begin to phase out in 2033. Some of the expenses listed above only qualify if the home is used as your primary residence so you should confirm with a qualified tax preparer about the limitations of this credit.  

How to Claim the Energy Efficient Home Improvement and Residential Clean Energy Credits 

Both green tax credits can be claimed using IRS Tax Form 5695, Residential Energy Credits. Part I allows you to claim the Residential Clean Energy Credit while Part II of the form allows you to claim the Energy Efficient home Improvement Credit. The most important thing when claiming any tax credit is to confirm you are eligible to claim it. Once you confirm your eligibility, be prepared to keep adequate records of any purchases and expenditures to substantiate your claim. Claiming a tax credit that you are not eligible for can result in receiving an IRS notice. If you have received an IRS notice, Optima Tax Relief can help.  

If You Need Tax Help, Contact Us Today for a Free Consultation 

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How to Avoid Payroll Fraud

how to avoid payroll fraud

Payroll fraud is an unfortunate reality that continues to haunt businesses, causing significant financial losses and harming their reputation. This fraudulent act occurs when an individual manipulates the payroll system to get money or benefits to which they are not entitled. Payroll fraud can threaten any company, from small firms to large multinational corporations. Here’s an overview of what payroll fraud is and how to avoid it. 

What is payroll fraud? 

Payroll fraud includes a wide range of fraudulent actions, such as ghost employees, faked overtime claims, unlawful salary rises, commission manipulation, and unauthorized perks. Employees, management, or even outside parties who exploit payroll process flaws can be liable. Here are some of the most common types of payroll fraud. 

  1. Ghost Employees: A ghost employee is someone who is added to your payroll in order to collect a salary even though they are not employed by your organization. While this can be done accidentally, more often than not it’s done fraudulently to collect a paycheck for a nonexistent employee. 
  1. Timesheet and Overtime Fraud: Another prevalent type of payroll fraud is inflating hours worked or claiming overtime when it is not due. Employees that are dishonest may conspire with superiors or coworkers to alter time records, resulting in excessive payouts.  
  1. Wage Manipulation: Unauthorized raises, bonuses, or commissions can be exploited by dishonest personnel with payroll system access. They fraudulently raise their own pay by changing salary figures. 
  1. Misclassifying Employees: Employers are required by the IRS to correctly classify their personnel. Some employers illegally categorize W-2 employees as 1099 employees in order to avoid paying taxes or providing health care coverage. 
  1. Expense Fraud: In some cases, employees may be authorized to be reimbursed for expenses, and take advantage. Inflated, false, duplicate or personal reimbursement claims all contribute to payroll fraud. 

How do I avoid payroll fraud? 

Payroll fraud is difficult to eliminate entirely. This is because sometimes it occurs unintentionally. However, with strict policies, it can be limited and detected early. Some ways to avoid payroll fraud include: 

  1. Having strict internal controls: Payroll is not an area in the company in which many people should have a hand in. While there should be multiple personnel involved in the payroll process, their roles and duties should be clearly defined and audited on a regular basis to ensure a healthy checks and balances system. 
  1. Having regular and surprise audits: Audit payroll records on a regular basis to identify any inconsistencies or discrepancies. Inconsistencies, such as duplicate entries, unapproved changes or excessive overtime claims, should be prevented. 
  1. Using a modernized payroll system: Use current payroll software that has fraud detection tools. Advanced systems can detect unusual trends, duplicate entries, or abrupt changes in employee data, providing useful insights for further research. 
  1. Hiring trustworthy employees: When employing new personnel, do extensive background checks and verification procedures. Confirm their identification, job history, and qualifications to lessen the risk of recruiting individuals who have a history of fraud. 

Payroll fraud is a major source of fraud within companies. In fact, most financial loss in organizations comes from within rather than from outside third parties. If you have a business, it’s important to avoid payroll fraud at all costs, as it can result in financial hardship as well as punishment by the IRS. Optima Tax Relief has over a decade of experience helping taxpayers with tough tax situations, whether they are individuals or businesses.  

If You Need Tax Help, Contact Us Today for a Free Consultation 

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Are You At Risk of IRS Audits and Collections?

The Inflation Reduction Act of 2022 has equipped the IRS with more than $80 billion in funding. That means more audits and more enforcement. CEO David King and Lead Tax Attorney Philip Hwang provide helpful tips on what you can expect from the IRS moving forward and how you can resolve your tax burden.

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Understanding the Taxpayer Bill of Rights

understanding the taxpayer bill of rights

When dealing with the IRS, it’s easy to feel outnumbered and helpless. However, it is important to know that you have fundamental rights when it comes to tax issues. The Taxpayer Bill of Rights, which was created to guarantee justice, openness, and accountability in the tax system, outlines these rights. Here we’ll examine each of your rights listed in the Taxpayer Bill of Rights. 

The Right to Be Informed 

You have a right to information about the laws that are relevant to you and your tax obligations. The procedure for filing taxes, possible credits and deductions, and any changes to tax laws that may have an impact on you must all be explained in detail by the IRS. Additionally, you have the right to request written explanations for any IRS actions related to your tax accounts as well as the chance to contest or appeal them. 

The Right to Quality Service 

The IRS is required by law to provide you with timely, courteous, and expert help. This includes the right to communicate with an informed IRS representative, have your inquiries correctly addressed, and have your issues promptly taken care of. You have the right to be spoken to in a way that is easy to understand. You have the right to file a complaint if you feel that the service was insufficient. 

The Right to Pay No More than the Correct Amount of Tax 

You have the right to pay only the tax debt that is legitimately owed by you. This includes any interest and penalties applied to your tax account. 

The Right to Challenge the IRS’s Position and Be Heard 

You have the right to object, provide further information, and challenge any judgments the IRS makes. You have the right to expect that the IRS will consider your objections and documentation promptly and fairly. 

The Right to Appeal an IRS Decision in an Independent Forum 

You have the right to an impartial and fair administrative appeals procedure and, in some circumstances, the ability to file a lawsuit. The IRS must take into account your arguments and respond in writing with a justification of their choice. 

The Right to Finality 

You have the right to be aware of the maximum length of time you have to contest the IRS’s claims and to anticipate that once that period of time expires, the IRS won’t pursue further collection efforts. Any deadlines for submitting an appeal or taking other actions must be communicated to you by the IRS as well. 

The Right to Privacy 

You have the right to anticipate that the IRS will keep your information private and use it solely for legal tax purposes. Except in some limited instances, the IRS is not permitted to disclose your tax information to unapproved people or businesses without your approval. 

The Right to Confidentiality 

You have the right to assume that the IRS won’t share any information you give them unless you give permission, or it’s required by law. You have the right to anticipate that anybody using or disclosing your return information improperly, including workers, return preparers, and others, will face the appropriate consequences. 

The Right to Retain Representation 

You have the right to appoint a qualified representative, such as a tax expert, to act on your behalf when interacting with the IRS. Your representative can present your case, advocate on your behalf, and assist in making sure that your rights are upheld. 

The Right to a Fair and Just Tax System 

You are entitled to a just and equitable tax system that takes into account all pertinent information. This includes the freedom to contest the IRS’s application of the tax laws and to ask the Taxpayer Advocate Service, an impartial division of the IRS that aids people in resolving disputes with the agency, for support. 

The Taxpayer Bill of Rights is a crucial document that gives taxpayers power and guarantees that the IRS will treat them fairly. You can navigate the tax system with confidence and hold the IRS accountable by being aware of and defending your rights. Consult with a knowledgeable tax expert if you’re having problems or think your rights have been infringed. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.  

Contact Us Today for a Free Consultation 

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