Defaulting on a IRS Payment Agreement

Ramifications of Defaulting on an IRS Installment Agreement

Defaulting on an IRS installment agreement can have wide-ranging consequences for taxpayers, affecting finances, credit worthiness, and even travel and employment. The IRS treats installment agreements as binding contracts to pay back tax debt over time, so defaulting means serious setbacks—including renewed enforcement actions, additional fees and penalties, and limited options for reversal. This article explores the cascade of ramifications stemming from an IRS installment agreement default.

What Triggers a Default?

An IRS installment agreement may be set up when a taxpayer cannot pay their full tax bill at once but can make monthly payments over time. Default, or falling out of compliance, most commonly occurs when the taxpayer:

  • A. Misses or is late on required monthly payments.
  • B. Incurs new tax debt without updating the agreement.
  • C. Fails to file required tax returns on time.
  • D. Provides incomplete or inaccurate financial information to the IRS.
  • E. Fails to submit updated financial statements when requested by the IRS.

Even a single missed or late payment may trigger a formal IRS notification of intent to terminate the agreement. In some cases, default is automatic, while in others discretion is exercised by the IRS based on the facts.

IRS Notifications and Grace Period

When a default occurs, the IRS sends out notices to inform the taxpayer that the installment agreement is in danger of being terminated. This notice details the steps needed to avoid immediate termination, typically giving about 30 days for the taxpayer to respond, catch up on payments, or otherwise resolve the issue.

  • 1. The agreement is not terminated but is in jeopardy during the notice period.
  • 2. Taxpayers have the opportunity to make missed payments or request a modification or appeal.
  • 3. If no action is taken, the IRS may proceed with termination and enforced collection activities after the period lapses.

Ramifications of Defaulting

Collection Actions Resume

  • a. Garnishing wages.
  • b. Levying bank accounts.
  • c. Placing federal tax liens on property.
  • d. Offsetting future federal or state tax refunds to satisfy the debt.

Penalties and Interest Accrue

  • a. Penalties for failure-to-pay may be reinstated or increased.
  • b. Interest continues accruing daily until the balance is paid in full.
  • c. Reinstatement fees may apply if the agreement is later revived.

Damage to Credit and Financial Standing

  • Federal tax liens are public record and can impact creditworthiness and the ability to secure loans.
  • Public records can impede applications for mortgages, business loans, or lines of credit.

Passport Restrictions

  • The IRS may notify the State Department of “seriously delinquent” tax debt, resulting in the denial of passport applications or renewal.

Additional IRS Scrutiny

  • Taxpayers who default may be required to provide additional, detailed financial documentation for any future payment plans.
  • New agreements may involve greater oversight or less flexibility, especially if the owed amount is large.

Options After Default

Reinstating the Agreement

Taxpayers may be able to quickly reinstate their agreement by paying missed installments and resolving compliance issues within the notice window. In limited cases, the IRS may “automatically” reinstate the agreement if the default is minor, such as incurring a small additional tax liability that can be paid off within two extra payments, or if the taxpayer qualifies for a streamlined agreement. For more serious or repeated defaults, the IRS may require a complete review of the taxpayer’s financial situation.

Appealing Termination

Taxpayers have the right to appeal the intended termination of an installment agreement within the time allowed. If the agreement has already been terminated, a request for administrative appeal can still sometimes be made, but this route is more complex and discretionary.

Restructuring the Agreement

If owed balances increase or finances change, taxpayers can approach the IRS for a modified or restructured payment plan. The IRS may require evidence of inability to pay, including bank statements, pay stubs, and other proofs of financial hardship.

Consequences of Inaction

Failing to respond at all after default leads to the most severe consequences:

  • The IRS will proceed with enforcement: levies, liens, and even seizure of property where applicable.
  • Passport restrictions will escalate if the debt exceeds the statutory threshold.
  • The opportunity for flexible arrangements or penalty abatement may be lost if the taxpayer is deemed non-compliant or uncooperative.

Long-Term Financial Impact

  • Accumulated interest and penalties can cause the original tax debt to balloon, sometimes doubling the amount owed over several years.
  • Restructured agreements post-default typically offer less favorable terms.

Best Practices

Prevention

  • 1. Always make payments on time and in full.
  • 2. File all yearly tax returns, even if unable to pay.
  • 3. Communicate proactively with the IRS if a missed payment is anticipated.

Responding to Notices

  • Treat all IRS notices as urgent.
  • Utilize the 30-day grace period to correct the problem, appeal, or renegotiate.
  • Seek advice from a tax professional or IRS-accredited representative for complex situations.

Conclusion

Defaulting on an IRS installment agreement sets off a chain reaction of serious financial, legal, and personal consequences. While the IRS offers opportunities for correction and even appeal, inaction almost guarantees the resumption of powerful collection tactics, the imposition of additional penalties and interest, and sometimes irreversible damage to financial standing and mobility. The best course is always preventive: stay compliant, communicate early, and act quickly if default is looming.

For those who have already defaulted, it is crucial to respond immediately, seek professional guidance, and pursue every available option for reinstatement or restructuring. Understanding the full scope of what’s at stake underscores why timely compliance with an IRS installment agreement is essential for protecting your financial future.

Attorney Timothy Hart

Timothy S Hart, the founding partner of the tax law firm of Timothy S. Hart Law Group, P.C. is both a New York Tax Lawyer & Certified Public Accountant. His area of expertise includes innovative solutions to solve your Internal Revenue Service and New York State tax problems, including tax settlements through the Federal and New York State offer in compromise programs, filing unfiled tax returns, voluntary disclosures, tax audits, and criminal investigations. [ Attorney Bio ]