Written by Scott Allen

What is the difference between Revenue Officers, Revenue Agents and Special Agents?

 IRS Revenue Officer in Phoenix AZ

A Revenue Officer in Phoenix AZ is responsible for collecting taxes.  If someone comes to your home or place of business from the IRS it is probably a Revenue Officer.  They are responsible to for collecting taxes and locating nonfliers.  Their first priority is to find out the quickest way to collect the taxes owed.  They carry badges to identify who they are.  If you ignore their requests you may soon find that your wages or bank accounts are levied.  They are graded on the number of cases they close and the amount of money they collect.

A Revenue Agent in Phoenix AZ audits tax returns filed.  They have authority to meet you at your home or place of business.  Most taxpayers are notified of an audit by mail.  They are trained to find unreported income.  If the amount of unreported income is significant your case can be turned over for a criminal investigation.

Special Agents in Phoenix AZ do criminal investigations.  Special agents make unannounced visits and have a prepared list of questions.  If you are contacted by Special Agents, you should respectfully decline to answer their questions and seek legal counsel.

I work everyday with Revenue Agents and Revenue Officers in Phoenix AZ.  If you are contacted by an IRS Special Agent, I can refer you to an attorney who specializes in IRS criminal investigations.

Scott Allen E. A. (Enrolled Agent)

Tax Debt Advisors, Inc near Phoenix AZ

taxdebtadvisors.com

 

Written by Scott Allen

Can I stop an IRS audit by filing bankruptcy?

IRS Audit and Bankruptcy

Even though filing a bankruptcy can stop all collection action, it doesn’t prevent the IRS from doing an audit.  An audit also extends the time that you can file a bankruptcy.  A bankruptcy can only be filed on a tax year 240 days from the time the audit was completed and any additional taxes assessed.

If you are going to file a bankruptcy to discharge your IRS taxes, then an audit is really only going to cause a temporary delay.  If you owe more taxes, the silver lining in an audit is that you will also get those taxes settled.  The only issue is what to do for the additional 240 days before filing a bankruptcy.  In most cases, we put our clients in a non collectible status or an installment arrangement.  If you qualify for a non collectible you do not have to make any payments to the IRS.  If you are put on a monthly payment plan, most clients make an average of 4 or 5 payments before they can file their bankruptcy.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

Written by Scott Allen

Why should I consider discharging taxes in bankruptcy?

Discharging Tax in Bankruptcy Chandler AZ

1)      Filing a bankruptcy will immediately stop all levy and seizure action.  Levies against wages and bank accounts are released.

2)      The IRS has no decision power on bankruptcy matters.  If you can file a bankruptcy and the taxes are qualified for discharge, the bankruptcy option will work every time.

3)      Bankruptcy takes care of not only the tax due but also interest and penalties.

4)      Offers are becoming increasingly difficult to get IRS acceptance.

5)      Discharging tax in bankruptcy Chandler AZ can solve both your tax and not tax debt.  If you have significant credit card debt, a judgment against you or large medical bills, filing a bankruptcy can resolve all of your debt issues.

6)      An offer in compromise will only take care of your IRS debt.  If you owe state taxes, the option of filing bankruptcy to discharge federal and state taxes is a major advantage over filing an offer in compromise.

Scott Allen E. A.

Tax Debt Advisors, Inc

taxdebtadvisors.com

 

Written by Scott Allen

What is an SFR return and the purpose of the SFR Unit?

IRS SFR Return help near Gilbert Arizona

SFR stands for substitute for return.  When a tax return has not been file for an extended period of time, the IRS will eventually file a substitute return that calculates the tax based on income reported with no deductions.  If a person was filing jointly before, the IRS will file the SFR return as married filing separate.  The purpose of the SFR unit is to prepare the substitute return and process any returns that are later filed as a “protest” against the SFR return by the taxpayer.  When filing a return in response to an SFR, it is best to send it to the SFR unit that is responsible for making any adjustments to the SFR amount owed.  The turn around time to get a tax balance lowered after filing a correct return can take several months.  SFR returns are not dischargeable in a bankruptcy since they are not considered filed returns.  However the SFR does have the same 10 statute of limitations for collection as a return filed by a taxpayer.

Before making any decisions on how to handle an IRS SFR return near Gilbert Arizona it is critical to first discuss your situation with a tax professional.

Scott Allen E. A. at 480-926-9300

Tax Debt Advisors, Inc near Gilbert Arizona

taxdebtadvisors.com

 

Written by Scott Allen

What is a hardship status with the IRS?

IRS Hardship Status Tempe Arizona

The IRS will stop collection action if you can show economic hardship.  That doesn’t mean that the tax or the interest and penalties on the tax go away.  You still owe the IRS, they are just not requiring you to make any payment towards the debt owed.  Currently not collectible is referred to as status 53 at the IRS.

To qualify for IRS hardship status Tempe Arizona the IRS will collect financial information about your monthly income and expenses.  If your income and monthly expenses are close to being equal the IRS will consider you currently not collectible.  However, the IRS has certain amounts that they consider reasonable for expenses.  For example, the IRS feels that you car payment should be $588 per month or less.  If your car payment is $800, the IRS will not allow you to be put on a hardship status.  To be fair, the IRS can’t allow someone with a nice car be on a hardship status while the taxpayer with a car within their acceptable limit be required to make monthly payments on their IRS debt.

Qualifying for IRS hardship status Tempe Arizona is rather common.  If the statute of limitations is close to running out, being put on status 53 is an excellent settlement strategy.  The statute of limitation runs for 10 years from the time the taxes were assessed.  We have had many clients that have stayed on currently not collectible status for the full ten years.  To stay on this status one must file and full pay their current taxes every year.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.scottallenea.com

 

Written by Scott Allen

Tax Evasion

Tax Evasion

Tax evasion is a crime that is punishable with asset seizure, fines and imprisonment.  The temptation to underreport income occurs with self-employed cash intensive businesses.  Tax fraud can also involve using a fake or false social security number, claiming to many dependents on your tax return and falsifying your accounting records.

Don’t assume that when you get a letter to be audited that the IRS suspects tax fraud.  Most audits generate some adjustments to the tax amount owed.  Auditors are trained to know the difference between tax evasion and honest mistakes.

If you are found guilty of tax evasion, you will not only have the tax, interest and penalties added but also the expenses of the cost to prosecute your case in court.  This situation is one in which the services of a tax attorney is highly recommended.  The attorney you select should have a majority of his or her practice with tax evasion case work.

If you suspect or know that you are guilty of tax evasion, it is best to tell the IRS right up front that you want to have legal representation.  The IRS will agree to you right to be represented by an attorney.  Who you pick to represent you is very important.  Someone who is respected by the IRS as well as the Judge will have a greater chance of reducing the chances of imprisonment.  We can recommend an attorney that you can trust and have confidence will represent you in the best possible manner.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.IRShelpblog.com

 

Written by Scott Allen

Are You Losing Your IRS Refunds Every Year?

Losing IRS Refunds

Are you getting tired of having refunds every year applied towards your unpaid taxes?  The solution is rather simple.  If you are an employee, change your withholdings so that you are having less withheld.  I always tell clients in this situation that the best you can do is own $1 on future tax returns.  When you have refunds you are in essence making an interest free loan on the money to the government.

Secondly, if you are married and filing jointly, you can protect your refund by filing an Injured Spouse Allocation—form 8379.  This will allow you to calculate how much of the refund was generated by you and you can have it paid to you rather than have it applied to a debt that is not yours.  Too many taxpayers are filing married filing separate to protect the injured spouse’s refund.  This is a very expensive way to protect a refund.  Many deductions and credits are lost by filing married filing separately and the taxpayer would get more of a refund filing a joint return with the Injured Spouse Allocation.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

Written by Scott Allen

Is my spouse responsible for my LLC tax debts?

LLC Tax Debts

The answer to this question depends on the fact and circumstances of each individual situation.  There are times when a spouse would not be responsible and there are other situations where the spouse is definitely responsible.

Here are some circumstances that would be factors:

Arizona is a community property state.  That means that both the IRS and the Arizona Department of Revenue can consider the income from both spouses to be considered earned 50/50 by each spouse even if they file separate returns.

LLC’s can be taxed as sole proprietorships, partnerships, C corporations or S corporations.  The type of entity you have elected to be taxed as will have an impact of a spouse’s liability of the LLC tax debt.

The type of tax is critical.  If it is payroll taxes and the spouse was preparing the payroll and had check signing authority would make the spouse responsible even if they were not an actual owner of the business.

Ownership is also a critical factor.  If both spouses are listed as owners and/or officers, then the likelihood of both spouses being held responsible for the taxes is most likely.

Dates of marriage and/or divorce of the marriage will affect the chances of the “innocent spouse” being held responsible or not responsible for LLC tax debts.

There are many other factors that can affect the spouse’s responsibility for tax debt.  It is best to consult with a knowledgeable tax representative to get a specific answer based upon the facts and circumstances of your situation.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.taxdebtadvisors.com

 

Written by Scott Allen

Beware of “IRS” Phishing and Email Scams

IRS Phishing and Email Scams

The IRS does not request personal or financial information including your social security number over Internet.  If the IRS needs information from you it will be done by letter.

Phishing is when you are given a link in an email that looks like it was from the IRS requesting financial information to be entered.  Avoid these and report anything suspicious to phising@irs.gov. 

Likewise, if you get an email from the IRS requesting a reply with your social security number or other financial information—ignore it and report it to the IRS.  These email can look official with IRS logos and letterhead.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

Written by Scott Allen

Arizona State tax debt

Arizona State Tax Debt

Debts owe to the State of Arizona are handled by the Arizona Department of Revenue.  Settlements and are handled very much the same way as they are with the IRS.  There are some important differences.  I advise clients to first file and settle with the IRS and then file and settle with the Arizona Dept. of Revenue (AZDOR) in most cases.  If you are filing old returns from prior years, Arizona will often wait until the IRS accepts the federal return before accepting a return filed with them for the same year.  Also, the State of Arizona is much more aggressive on collecting taxes on smaller amounts owed than the IRS is on larger amounts owed.

It is best to make your decisions on settlement once you know what you will owe to both the IRS and AZDOR and your ability to make payments on your combined tax debt.  There are some situations when settling up with the State before settling with the IRS makes more sense.  A consultation with a professional representative will help avoid painting yourself in a corner on one tax debt and leave you vulnerable to serious financial troubles in dealing with the other.

Scott Allen E. A.

Tax Debt Advisors, Inc

www.stopIRSaction.com

 

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