Written by Scott Allen

How long does the IRS have to collect taxes on an SFR or Substitute for Return? From Tax Debt Advisors, Inc.

IRS Substitute for Return

The normal period of time for the IRS to collect on a tax debt is 10 years.  However, the time does not start until an assessment has been made.  For example, if the IRS did a substitute for return for the year 2013 in 2018, the 10 year period would end in 2028, not 2023.  The date of assessment is not when you signed or mailed in the return, it is when the IRS posts the tax liability which can be several weeks or months later.  There are actions you can take that will extend the time period know as the Statute of Limitations.  These include filing a bankruptcy, Offer in Compromise, signing a waver, etc.  Taxpayers are allowed to file back tax returns any time after the IRS files an SFR tax return to lower the tax liability but the process can take up to a year to get it accepted.  If you file a return that is over three years past the due date including extensions, and no payments have been made within two years, the IRS will not pay a refund.  Call today for a free confidential consultation.

Scott Allen, E.A. – Tax Debt Advisors, Inc helping with back tax return problems

www.TaxDebtAdvisors.com

 

Written by Scott Allen

How does the IRS file substitute tax returns? From Tax Debt Advisors, Inc.

IRS File Substitute Tax Returns (SFR)

The IRS SFR (Substitute For Return) unit will match all income reported to your social security number including W-2’s, K-1’s, 1099’s, etc.  If you last return filed was a joint return, the IRS will file an SFR as married filing separate which will put you in a higher tax bracket.  You will not be given credit for any dependents, or deductions.  Many clients avoid filing back tax returns because they have lost or never received due to a move records needed to file a return.  I am able to retrieve all the records that were report to the IRS.  Once those are available, you will be better able to locate records that will reduce your tax liability along with interest and penalties.  The hardest part is making the decision to get started.  Call me today for a free confidential initial consultation. I will be your IRS Power of Attorney representation from beginning to end.

Scott Allen, E.A. – Tax Debt Advisors, Inc helping Arizona taxpayers with SFR representation

www.TaxDebtAdvisors.com

 

Written by Scott Allen

How long before the IRS discovers I have unfiled tax returns? From Tax Debt Advisors, Inc.

“I have unfiled tax returns…”

It may take several years before the IRS will contact you regarding unfiled tax returns.  However this works against you.  The interest and penalties on unfiled returns can double the amount you owe in just a few years.  As time goes by many records that can reduce your liability have been lost.  Your memory of what happened several years ago will fade and you will likely pay much more on your taxes if you had filed returns sooner.  Many clients miss one year and when nothing happens another year goes by and then another.  Before you know it six or seven years has passed and your tax problem will be getting more difficult to deal with each deadline missed.  There is also a serious psychological burden carried when you have unfiled tax returns.  You know that a day of reckoning will come and decisions that can be made are postponed and opportunities will be permanently lost.  Time is never on your side when you have unfiled tax returns.  By filing returns on time even if you do not have the money to pay taxes owed is far better than not filing and taking on additional penalties and interest.  Call me today for a free confidential initial consultation to get started.

 Scott Allen, E.A. – Tax Debt Advisors, Inc for unfiled tax returns in Arizona

www.TaxDebtAdvisors.com

 

Written by Scott Allen

What will IRS do when they find out I have not filed back tax returns? From Tax Debt Advisors, Inc.

Back Tax Returns in Phoenix AZ

Eventually, the IRS will compare income reported by 3rd party payers and match them against your social security number and prepare substitute tax returns if you have unfiled back tax returns in Phoenix AZ.  These returns allow the IRS to take action against you like liens, levies and garnishments.  Substitute returns give no credit for any deductions or cost basis which will greatly overstate the tax as well as the interest and penalties for late filing.  The IRS doesn’t punish for non-payment (1/2% per month) as much as for non-filing (5% per month).   Consider not filing back tax returns in Phoenix AZ like ignoring dealing with cancer—time will only make it worse.  The time to face non filing is now.  You will have more time to gather important tax information if you file on your own before the IRS knocks on your door.  Recently the IRS has demanded tax returns to be filed in as little as three days to avoid levies on bank accounts or garnishment of wages.   Call me for a free confidential initial consultation to determine the best way to get your back tax returns in Phoenix AZ filed and settled.

Scott Allen, E.A. – Tax Debt Advisors, Inc always helping with back tax returns in Phoenix AZ

www.ScottAllenEA.com

 

 

Written by Scott Allen

How many years do I need to file delinquent returns? From Tax Debt Advisors, Inc.

File Delinquent Tax Returns Tempe AZ

This period has varied over the last 44 years.  It has been as many as 10 years and as short as 6 years plus the current year.  We will determine though discussions with the IRS how many years they requesting if we are working with an Agent.  If we are dealing with the Automated Collection System and you have income that has been reported to the IRS, this information is kept on their computers for 10 years and they may require you to file back tax returns for all of them.

Scott Allen, E.A. – Tax Debt Advisors, Inc helps file delinquent tax returns Tempe AZ

www.TaxDebtAdvisors.com

 

 

Written by Scott Allen

Are taxes discharged in bankruptcy taxable as forgiveness of debt? From Tax Debt Advisors, Inc.

Discharge IRS taxes in bankruptcy

No tax debt discharged in bankruptcy is considered cancellation of debt and will not be considered income to be reported on your tax return.  However, creditors who elect to cancel their debt can cause it to be taxable by filing IRS Form 1099-C.  Usually the full amount cancelled is taxable income unless you can prove that you were insolvent when the debt was cancelled.

If you decide to file a bankruptcy, I will prepare current documentation that will allow you to avoid paying taxes on forgiveness of debt, IF YOU ARE INSOLVENT.

Almost every client who files a bankruptcy is insolvent but to wait until the following year will make the process of proving insolvency more difficult.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

 

Written by Scott Allen

How does the IRS administer my tax debt when I file a bankruptcy? From Tax Debt Advisors, Inc.

Filing A Tax Bankruptcy

The IRS will cease all collection action and will transfer your account to its bankruptcy division.  Any tax periods not listed on the bankruptcy petition will not be discharged in bankruptcy.  A STRONG WORD OF CAUTION—bankruptcy attorneys are notorious for not finding out all the tax periods with IRS tax debt.  I will qualify all of your taxes that are dischargeable in bankruptcy by getting transcripts of all IRS tax debt that you will take to our preferred attorney to handle your tax motivated bankruptcy.  You should only do a tax bankruptcy with an attorney.  Do not attempt to do this on your own or use a paralegal.  It is just too important to leave to chance—you only get one.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

Written by Scott Allen

Will the IRS accept payments on my IRS tax debt? From Tax Debt Advisors, Inc.

IRS Tax Debt Payments

If you cannot pay the IRS off in full, you are allowed to make monthly payments called an Installment Arrangement.  I will tell you before any contact is made with the IRS what amount the IRS will accept on a monthly basis.  Approximately 30% of my clients qualify to make NO payment—called a non-collectible status.  Approximately 15% of my clients will discharge their taxes in a Chapter 7 Bankruptcy and pay nothing.  Almost 100% of the clients are surprised at the settlements I am able to get representing them before the IRS.  I don’t claim to have any special talent other than knowing the law and following through for you!

Call for a free confidential consultation to see what you qualify for.  I will speak with you personally.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

Written by Scott Allen

What are the pros and cons of filing Bankruptcy to discharge my IRS tax debt? From Tax Debt Advisors, Inc.

Discharging IRS Tax in Bankruptcy Phoenix AZ

Pros

Immediately there is an automatic halt of all collection action by the IRS.  Discharging IRS tax in bankruptcy Phoenix AZ can be used when an IRS Offer In Compromise is rejected or you do not have the funds to pay the amount the IRS wants to be paid with your Offer.  It may be possible to wipe out all interest, penalties and tax liability.

Cons

Discharging IRS tax in bankruptcy Phoenix AZ will hurt your credit.  Some taxes such as payroll tax debts are not dischargeable.  Attorney fees are expensive.  If you are close to the statute of limitation, it maybe better to enter an installment arrangement or non-collectible status until the time the IRS has to collect the tax expires.

If you filed a fraudulent return it cannot be discharged in bankruptcy.  There is a waiting period of two years from assessment and three years from the due date for filing the return.

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My service to you is to tell you when your taxes are dischargeable in a bankruptcy and compare filing a bankruptcy with other IRS settlement options.  I will then refer you to a competent bankruptcy attorney who will determine if you qualify to file a bankruptcy and answer any questions you have on how IRS tax bankruptcy will affect you.

Scott Allen, E.A. – Tax Debt Advisors, Inc

www.TaxDebtAdvisors.com

 

Written by Scott Allen

My Offer in compromise was rejected, can I appeal? From Tax Debt Advisors, Inc.

IRS Offer in Compromise Rejected

Sadly, most of the offers that are filed by the large “offer in compromise mills” were never legitimate Offers.  I don’t need to mention any names but if you see them on TV or on the Radio and the person doing the work is in another state or only one state for the whole nation, you should be leery—get a second opinion.  Even better call me for your second opinion, FIRST!

Let’s assume you have a valid offer that was filed by someone other than me.  Why are you calling me?  If you can’t get the company to return your phone calls, or suggest that they file and appeal, it is probably not a valid Offer and the company that filed your Offer knows that.  I suggest you file a complaint to the attorney general in the state and get someone else to review your Offer.

Many Offers that were valid when submitted are no longer valid when the time for determination of validity is completed several months later.  If that is the case, you are out of luck and you should not file an appeal.  However, assuming your Offer is still valid, an appeal should be promptly filed within 30 days of the official rejection letter on IRS Form 13711.

If you Offer was rejected because of a neglect on the part of your representative during the Offer process, it is unlikely the Appeals process will work and a new Offer will have to be submitted.

I don’t want to sound negative but less the truth is less than 5% of the rejected Offers I have reviewed were ever valid—NOT EVEN ON THE DATE THEY WERE SUBMITTED!  If this is the case, I will review four other settlement options and together we will decide which one is best for you—THAT WILL WORK!

Scott Allen, E.A. – Tax Debt Advisors, Inc for filing successful IRS Offer in Compromise in the Phoenix Arizona area

www.TaxDebtAdvisors.com

 

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