Entering into an installment agreement with the IRS can provide taxpayers with a manageable way to pay off their tax liability over time. However, defaulting on an IRS installment agreement can lead to serious consequences. Here, we’ll review the potential repercussions and the steps you can take to mitigate them.
What Does it Mean to Default on an IRS Agreement?
Defaulting on an IRS installment agreement means that you have failed to meet the terms of the payment plan established with the IRS. This can happen for several reasons, including missing a scheduled payment, failing to file required tax returns, or incurring additional tax debts. Defaulting on your IRS installment agreement can lead to serious consequences.
Immediate Consequences
It’s important to note that there are a few immediate consequences associated with defaulting on your IRS installment agreement.
Reinstatement of Full Debt Amount
When you default on your IRS installment agreement, the entire amount of your tax debt becomes due immediately. The IRS will no longer honor the payment plan, and you will be expected to pay the full balance at once.
Accrual of Penalties and Interest
Defaulting on your installment agreement means that penalties and interest on your tax debt will continue to accrue. This can significantly increase the total amount you owe.
Loss of Future Tax Refunds
The IRS may apply any future tax refunds to your outstanding debt. This means that any expected refunds will be used to pay off your tax balance instead of being issued to you.
Collection Actions
The IRS will send you Notice CP523, informing you that you have defaulted on your installment agreement. This notice will outline the amount due and provide instructions on how to resolve the default. If the default is not resolved, the IRS can levy your assets. This means they can seize your property, including bank accounts, wages, and other assets, to satisfy the debt. The IRS may even file a federal tax lien against your property. A lien is a legal claim against your property to secure payment of the tax debt. This can affect your credit score and make it difficult to sell or refinance your property.
In severe cases, the IRS may take legal action to collect the debt. This can include filing a lawsuit against you to recover the outstanding balance. The IRS can also garnish your wages, taking a portion of your paycheck directly to satisfy your tax debt. To make matters worse, defaulting on an installment agreement can make it difficult to enter into another agreement with the IRS in the future. They may require more stringent terms or a higher initial payment to establish a new agreement.
Steps to Take If You’re Struggling
If you anticipate trouble making a payment, contact the IRS as soon as possible. They may be able to work with you to modify your agreement or provide a temporary deferment. However, if you have already defaulted, you can request to have your installment agreement reinstated. You will need to provide a valid reason for the default and show that you can meet the terms of the agreement going forward.
Consider hiring a tax professional or a tax attorney. They may be able to negotiate better terms on your behalf. If an installment agreement is no longer feasible, consider other options such as an Offer in Compromise (OIC), where you settle your debt for less than the full amount owed, or a Currently Not Collectible (CNC) status, which temporarily pauses collection actions due to financial hardship.
Tax Help for Those with IRS Installment Agreements
Defaulting on an IRS installment agreement can lead to a series of severe financial and legal consequences, including the reinstatement of the full debt amount, penalties and interest, asset levies, and tax liens. It is crucial to stay proactive and communicate with the IRS if you are having difficulty making payments. Seeking professional advice and exploring alternative payment options can help you avoid the harshest consequences and work towards resolving your tax debt. Remember, if you feel overwhelmed from dealing with the IRS on your own, it may be time to contact a tax professional. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
Did you make a mistake on your tax return? Whether it’s to correct errors, claim overlooked deductions, or address changes in filing status, it may be best to amend your tax return. CEO David King and Lead Tax Attorney Philip Hwang provide helpful tips on what important facts you need to know before amending your tax return, including how to avoid owing a tax burden.
When you marry, you often share many aspects of your life with your spouse: your home, your finances, and perhaps even your dreams. However, what happens when it comes to tax liabilities? Specifically, are you responsible for your spouse’s back taxes? This question can cause significant stress and confusion. To navigate this issue, it is essential to understand the various scenarios and laws that come into play. Here, we’ll explore the factors that determine liability and the potential consequences for both parties involved.
Understanding Back Taxes
Back taxes are taxes that have been partially or completely unpaid in the year they were due. They can accrue interest and penalties over time, leading to a larger debt. The IRS and state tax authorities are vigilant about collecting these taxes, and failure to pay can result in serious consequences such as liens, levies, and wage garnishments.
Can the IRS Hold Me Liable for My Spouse’s Tax Debt?
The short answer to this question is yes. However, there are certain factors that may come into play to decide for sure, including when you filed and under which filing status. When you get married, you suddenly have two new filing status options to choose from. You can go with married filing jointly or married filing separately. In the married filing jointly scenario, both spouses report their combined income, deductions, and credits on a single tax return. When filing separately, each spouse files their tax return separately, reporting only their income, deductions, and credits. Which of these options you choose will greatly determine whether the IRS can hold you accountable for tax debt.
Liability Under Married Filing Jointly
If you file jointly, both spouses are generally jointly and severally liable for the tax debt. In this case, the IRS can pursue either spouse for the entire amount owed. This means that both spouses are individually and collectively responsible for any taxes, interest, and penalties owed on a joint tax return. Even if you yourself did not do anything wrong, or you were unaware of any wrongdoing by your spouse, you are still 100 percent legally responsible for your shared tax debt.
Liability Under Married Filing Separately
If you choose to file separately, you are only responsible for your own tax liabilities. This can protect you from being liable for your spouse’s back taxes. However, this filing status often results in higher tax rates and reduced eligibility for certain credits and deductions.
Spouse Taxes & Community Property States
In community property states, spouses equally own all income and assets acquired during the marriage. This means if you live in a community property state, you might be responsible for your spouse’s tax debt, even if you file separately, because half of your community income is considered yours. However, income from property owned by one spouse before marriage, or acquired by gift or inheritance during the marriage, is typically considered separate property and not subject to community property rules.
How Does Timing Affect Whether I’m Liable for My Spouse’s Back Taxes?
Timing is the second factor that can determine your liability for your spouse’s tax debt. If your spouse had tax debt before you were married, only they are responsible for that debt. You can apply for Injured or Innocent Spouse Relief if the IRS attempts to collect from you. If your spouse incurs tax debt during your marriage, you will use the guidelines outlined above to determine your liability.
Remember, it all depends on which filing status you used during the year the tax debt appeared. If your spouse incurs tax debt after your marriage, you may be responsible for it if you filed jointly, even if you were legally separated. However, in this case, you might be able to apply for Separation of Liability relief. This will limit your liability if you and your spouse were no longer married or living together when they incurred their tax debt.
Tax Relief Options for Spouses
If your spouse incurs tax debt, you may qualify for some type of relief. Here are the most common options.
Innocent Spouse Tax Relief
If your spouse did not report all income, claimed credits they weren’t eligible for, or took improper deductions on a joint return without your knowledge, you may qualify for Innocent Spouse Relief. This option is more common for taxpayers who are no longer married. To request relief, taxpayers should file Form 8857, Request for Innocent Spouse Relief. Innocent spouses must file within two years of receiving an IRS notice informing you of the tax debt.
Injured Spouse Tax Relief
Injured spouse relief, on the other hand, is typically for individuals who are currently married, and your portion of your joint tax refund was used to pay pre-existing debt that belongs to your spouse. This can include overdue child support, other taxes due, etc. To request this relief option, taxpayers should file Form 8379, Injured Spouse Allocation. They should file within three years of the return being filed or two years from the date the tax was paid, whichever event happened later.
Separation of Liability Tax Relief
Separation of Liability Relief applies in situations where a joint return was filed, and the innocent spouse can demonstrate that they are divorced or legally separated from the other spouse. Under this relief, the IRS divides tax liabilities between the spouses based on their respective shares of income, deductions, and credits. To request relief, taxpayers should file Form 8857, Request for Innocent Spouse Relief within two years of receiving an IRS notice informing you of the tax debt.
Spouse Taxes Equitable Relief
If you’re not eligible for innocent spouse relief or separation of liability relief, you might qualify for equitable relief. Equitable relief can save you from paying your spouse’s understated or underpaid taxes on your joint return. This relief option is typically only granted for taxes due on your spouse’s income and assets and not your own. To request relief, taxpayers should file Form 8857, Request for Innocent Spouse Relief within two years of receiving an IRS notice informing you of the tax debt.
Marriage and Taxes: FAQs
Will the IRS take my refund if my husband/wife owes?
Yes, the IRS may take your refund if your spouse owes back taxes or certain other debts, but it depends on a few factors. When a spouse has a federal debt, like unpaid taxes or student loans, the IRS can offset (or take) a portion of a joint tax refund to cover the debt through a process called the Treasury Offset Program. However, you may be able to keep your portion of the refund by filing Form 8379, Injured Spouse Allocation with your return. This form allows you to claim your share of the joint refund if you had income or tax credits that contributed to it.
What happens when you marry someone who owes back taxes?
When you marry someone who owes back taxes, you aren’t automatically responsible for their debt. However, if you file a joint tax return, the IRS may use your tax refund to pay off your spouse’s back taxes through the Treasury Offset Program. If you want to avoid this, you can file separately, though this may result in a higher tax rate or limited credits. If you still prefer to file jointly, you can protect your portion of any refund by filing Form 8379, Injured Spouse Allocation. This form helps allocate your portion of the refund so it’s not used to pay your spouse’s debt.
Is tax debt marital debt?
Tax debt is not automatically considered marital debt, but it can be depending on how and when it was incurred. Typically, tax debt is marital debt if it’s from taxes owed on income earned during the marriage and if you filed a joint tax return, as both spouses are usually liable for joint return debts. However, if the debt was incurred before the marriage or from separate income, it’s generally considered separate debt.
Tax Help for Innocent Spouses
There are scenarios that would disqualify you from relief. These include knowledge of the errors your spouse made or signing an offer in compromise with the IRS. It’s also important to note that these relief options can take months for the IRS to review and process. Be sure to consult with a qualified tax professional to make sure you know your options. Luckily, the IRS recognizes the need to protect innocent parties and provides relief options for them. Optima Tax Relief is the nation’s leading tax resolution firm with over a decade of experience helping taxpayers with tough tax situations.
The Work Opportunity Tax Credit (WOTC) is a valuable federal tax credit available to employers who hire individuals from certain targeted groups that have consistently faced significant barriers to employment. Established as part of the Small Business Job Protection Act of 1996, the WOTC aims to incentivize businesses to diversify their workforce and provide job opportunities to individuals who might otherwise struggle to gain employment. Here’s a breakdown of the Work Opportunity Tax Credit, including who qualifies for it, the benefits of it, how to apply, and the importance of it in workforce diversity.
Who Qualifies for the WOTC?
The WOTC is designed to encourage the employment of individuals from specific groups. These targeted groups include the following.
Veterans: Particularly those who are disabled, unemployed, or receiving SNAP benefits.
Ex-Felons: Individuals who have been convicted of a felony and are hired within a year of their release or conviction.
Designated Community Residents: Individuals aged 18-39 who reside in Empowerment Zones or Renewal Communities.
Vocational Rehabilitation Referrals: Individuals who have a disability and have been referred to an employer following rehabilitation through a state-certified vocational rehabilitation program.
Summer Youth Employees: Individuals aged 16-17 who work during the summer months and live in Empowerment Zones.
SNAP (Supplemental Nutrition Assistance Program) Recipients: Individuals aged 18-39 who are members of a family that has received SNAP benefits for the previous six months or at least three of the last five months.
Supplemental Security Income (SSI) Recipients: Individuals who have received SSI benefits for any month ending within the 60-day period ending on the hire date.
Long-Term Family Assistance Recipients: Individuals who have received Temporary Assistance for Needy Families (TANF) benefits for any 9 months during the 18-month period ending on the hiring date.
Qualified Long-Term Unemployment Recipients: Individuals who have been unemployed for 27 weeks or more.
Benefits of the WOTC for Employers
Employers can receive a tax credit that ranges from $1,200 to $9,600 for each eligible new hire. However, the actual credit depends on the target group and the individual’s employment period and hours worked. The credit is calculated as a percentage of the employee’s first-year wages:
25% of first-year wages for employees working at least 120 hours but fewer than 400 hours, up to $6,000.
40% of first-year wages for employees working 400 hours or more, up to $6,000.
The maximum tax credit varies by target group. For example:
Summer youth employees: Up to $3,000.
Long-term family assistance recipients: Up to $10,000 over two years.
How to Apply for the WOTC
To claim the WOTC, employers must follow these steps.
Pre-Screening Notice and Certification Request.Complete IRS Form 8850, “Pre-Screening Notice and Certification Request for the Work Opportunity Credit,” by the day the job offer is made.
Submit to State Workforce Agency. Submit Form 8850 and ETA Form 9061, or if applicable, ETA Form 9062, to the state workforce agency (SWA) within 28 days of the employee’s start date.
Receive Certification. The SWA will verify the employee’s eligibility and issue a certification.
Claim the Credit. Once certified, employers can claim the tax credit using IRS Form 5884, “Work Opportunity Credit.” This form should be included in their annual business tax returns.
Importance of the WOTC
The WOTC serves as a crucial tool in promoting workforce diversity and inclusion. By encouraging employers to hire individuals from disadvantaged backgrounds, it helps reduce unemployment and underemployment among target groups, fostering economic growth and community development.
Moreover, businesses benefit by reducing their tax liability while gaining access to a broader pool of potential employees. The program also helps employers fulfill their social responsibility by contributing to the improvement of their communities and the lives of their employees.
Tax Help for Businesses
The Work Opportunity Tax Credit is a win-win for both employers and employees. By providing tax incentives to businesses, it encourages the hiring of individuals who face significant barriers to employment. Employers not only gain financial benefits but also contribute to a more inclusive and diverse workforce. Understanding and leveraging the WOTC can be a strategic advantage for businesses looking to make a positive impact while enhancing their bottom line. Optima Tax Relief has over a decade of experience helping taxpayers with tough tax situations.
Today, Optima Tax Relief Lead Tax Attorney, Phil, talks about tax identity theft, breaking down his top tips on how to avoid being a scam victim.
Get an IP PIN
An Identity Protection PIN (IP PIN) from the IRS is a six-digit number assigned to eligible taxpayers to help prevent the misuse of their Social Security number on fraudulent federal income tax returns. This PIN provides an additional layer of security for individuals who have experienced tax identity theft or are at higher risk of tax-related identity theft. You can request an IP PIN through your IRS online account.
Check Your Tax Transcripts for Suspicious Activity
Your IRS online account houses several types of tax transcripts. One of them is the wage and income transcript. Look for unauthorized or unfamiliar entries, such as: inaccurate income reported as earned under your SSN; employers you never worked for; and any other similar discrepancies. If you find any discrepancies, it could mean your Social Security Number has been compromised. You can also check your account transcript to see if someone filed a tax return under your name and social.
Report Stolen Identities
If you feel your identity has been stolen or compromised, contact the IRS immediately. You can call them at 800-908-4490. Be prepared to attach IRS Form 14039, the ID theft affidavit, to your tax return if you have not already filed. The IRS will review your affidavit and investigate the identity theft claim. They may contact you for further information if needed.
If you think your identity has been compromised, consider asking for help from a tax professional.
