Today, Optima Tax Relief Lead Tax Attorney, Phil, discusses OIC mills, including what they are and how to avoid being victimized by them.
What is an OIC?
An Offer in Compromise (OIC) is a program offered by the IRS that allows taxpayers to settle their tax debt for less than the full amount owed. This program is intended for individuals who cannot pay their full tax liability or doing so would create a financial hardship.
What is an OIC Mill?
An “OIC mill” refers to a business or organization that aggressively markets and promotes OIC services to taxpayers, often making exaggerated claims about their ability to settle tax debts for pennies on the dollar. These companies typically charge high fees and may not deliver on their promises, sometimes providing subpar or even fraudulent services.
How to Avoid OIC Mills
Thoroughly research any company or service offering OIC assistance. Look for reviews, complaints, and ratings from reputable sources such as the Better Business Bureau (BBB). Ensure the tax professional you’re working with is qualified, such as a licensed attorney, CPA, or Enrolled Agent who specializes in tax resolution. Consider contacting the IRS directly or using the IRS’s online resources to understand the OIC program and determine eligibility before seeking outside help. If an offer sounds too good to be true, seek a second opinion from a trusted tax professional. Familiarize yourself with the IRS OIC process and the realistic chances of success. The IRS provides detailed information and forms on their Offer in Compromise page.
If you’ve been victimized by an OIC mill, consider asking for help from the experts at Optima Tax Relief. With over a decade of experience and over $3 billion in resolved tax liabilities, we can help with your tax situation.
If you’ve been hit with an assessment from the IRS and you disagree with the results, you are entitled to present your case in Tax Court. However, an IRS administrative appeal may produce desirable results without the need to go to court. As a taxpayer, you are entitled to dispute the results of an IRS assessment through the administrative appeal process for any reason other than religious, moral or political, conscientious objections. The professionals at Optima Tax Relief can determine whether an administrative appeal is the right course for your situation. The IRS administrative appeals process can be an effective way to handle disagreements over tax assessments, penalties, or other IRS decisions, offering a less formal and often less costly alternative to litigation. Here’s an overview of IRS administrative appeals, including the types, how each works, and important things to note before requesting one.
IRS Administrative Appeal Categories
The IRS Appeals division operates as a separate entity from IRS offices that conduct investigations. The two types of administrative appeals available are Collections Appeal Process (CAP) or Collections Due Process (CDP) hearings. Administrative appeal hearings may be conducted by mail, telephone or in person. You may represent yourself or be represented by a CPA, attorney or enrolled agent authorized to practice before the IRS. If your tax return was prepared by a third party not enrolled with the IRS, they may be a witness but may not represent you.
Collection Appeals
Collection Appeals involve disputes over IRS collection actions. These actions can include levies, liens, seizures, and other methods the IRS uses to collect outstanding taxes. To break this down even further, there are two main programs under Collection Appeals: Collection Due Process (CDP) and the Collection Appeals Program (CAP).
Collection Due Process
The CDP program allows taxpayers to appeal collection actions before they occur, providing a forum to address issues related to the collection process. Taxpayers who receive certain IRS notices can request a CDP hearing. These include the Notice of Federal Tax Lien Filing, Final Notice of Intent to Levy, Notice of Jeopardy Levy, Notice of Levy on a State Tax Refund, or Post Levy Collection Due Process Notice
Taxpayers generally have 30 days from the date of the notice to request a CDP hearing. They can do so via Form 12153, Request for a Collection Due Process or Equivalent Hearing. If the taxpayer disagrees with the CDP determination, they have the right to seek judicial review in the U.S. Tax Court. After 30 days, you may request an Equivalent Hearing within one year. However, collection activities will not be suspended. In addition, you cannot appeal the results in Tax Court.
Collection Appeals Program
The CAP provides a faster and more streamlined process than CDP, but it does not offer the same judicial review rights. Taxpayers can request a CAP hearing at any time, even before or after a collection action has been taken. For example, a CAP filed to protest a wrongful levy may be filed either before or after property has been seized. However, it must be filed before the property is sold. A CAP can be used to address the following IRS actions:
Prior to or after the filing of a Notice of Federal Tax Lien
Prior to or after levy or seizure of property by the IRS
Rejection or modification of an installment agreement
Rejected taxpayer request to return to levied property
Seizure
It’s crucial to note that you will not be able to take your case to Tax Court if you disagree with the conclusions of the CAP. You must file Form 9423, Collection Appeal Request to initiate a CAP review.
Submitting Your Request for Administrative Review
If you’re audited and your auditor finds that you owe less than $2,500, you may approach them about an appeal directly or submit your request through the appeals system. If you owe between $2,500 and $25,000, you should submit a Small Case Request. Alternatively, you can use Form 12203, Request for Appeals Review, which can be found on the IRS website. Assessments of $25,000 or more require a Formal Written Protest using Form 12202, including the following items.
Your name, address, and a daytime telephone number.
A statement of intent to appeal the IRS findings to the Office of Appeals.
A copy of the letter showing the proposed assessment.
The tax period(s) or year(s) involved.
A detailed description of each item with which you disagree.
The reason(s) for your disagreement for each item.
Facts supporting your position for each item.
Any law or legal authority that supports your position on each item.
The following penalties of perjury statement stated exactly: “Under the penalties of perjury, I declare that the facts stated in this protest and any accompanying documents are true, correct, and complete to the best of my knowledge and belief.”
Your signature beneath the penalties of perjury statement.
If your request for appeal is prepared by your representative, he or she must substitute the declaration for penalties of perjury statement for individual taxpayers with a statement that includes each of the following elements:
An affirmation that he or she submitted the protest and any accompanying documents, AND
A statement of personal knowledge of stated facts in the protest and accompanying documents and a declaration that the facts are true and correct.
The Administrative Hearing Process
After submitting your request for administrative review, you generally have at least 60 days to prepare for the hearing. Draft a rough outline of the information you wish to include in your presentation. Categorize any other relevant information in spreadsheets or in visual displays, with separate folders for each item.
It’s wise to request a copy of the auditor’s file under the Freedom of Information Act (FOIA) immediately. FOIA requests can take at least a month to process. The letter should cover all relevant tax years and provide an offer to cover copying costs. Send the letter by certified mail or other traceable means.
The hearing itself will be fairly informal. You are entitled to take notes or record the hearing if you wish. Be prepared for requests for further information. If that happens, don’t hesitate to ask for more time.
If you reach a verbal settlement during the hearing, the settlement will be transcribed onto IRS Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment. Keep in mind, however, that this form can take months to arrive in the mail. Double check all the figures and do not sign the form unless you understand and agree with everything contained within it. Likewise, do not sign the form if you’ve found other mistakes from the auditor or appeals officer. Once you sign the form, you are barred from making further appeal to the Tax Court.
Tax Help for Those Who Owe
The IRS Administrative Appeal process is a valuable tool for taxpayers seeking to resolve disputes in a fair, impartial, and cost-effective manner. By understanding the steps involved and preparing adequately, taxpayers can go through the appeal process and potentially reach a resolution without the need for tax court. If you find yourself in disagreement with an IRS decision, considering an administrative appeal can be a prudent first step. If you’re unsure, consulting a tax professional can be helpful. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
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.
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 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 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 8279, 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 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.
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.
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.
