our legal blog

Is the IRS Fresh Start Program

January 5, 2025 | Tax Debt Tax Help

Summary The IRS Fresh Start Program was initiated in 2011 to help taxpayers struggling with tax debt. It is not a specific program, but a set of changes to existing laws and programs, including increased tax lien thresholds, easier installment agreements, and expanded Offer in Compromise options. The program's goal is to help taxpayers get back on track and avoid aggressive collection tactics. While legitimate, the term "Fresh Start Program" has been misused by some tax relief firm... CONTINUE READING

IRS Form 15103: Why and How to Complete It

January 5, 2025 | Tax Relief Unfiled Tax returns

Summary IRS Form 15103, Form 1040 Return Delinquency, is used to respond to the IRS when they believe you have one or more missing tax returns. You may need to file Form 15103 even if you don't owe taxes (such as when you have self-employment income, but the business ran at a loss), to avoid penalties or a substitute for return, which can overstate your tax liability. You can complete Form 15103 yourself and file it by mail or fax, depending on your situation. If you filed your retu... CONTINUE READING

How to Modify Your IRS Installment Agreement: A Simple Guide

December 23, 2024 | Payment Plans Tax Help

Summary This guide outlines how to make changes to your IRS payment plan, such as reducing your monthly payment, changing your payment date or method, or adding a new tax debt to your plan. If you can no longer afford to make payments, you may be able to apply for currently not collectible status or an offer in compromise. If you default on your payment plan, the IRS generally gives you 30 days to get back into good standing. The IRS charges fees for making changes to your installme... CONTINUE READING

IRS Collection Statute: A Key Consideration for Every Taxpayer

December 20, 2024 | tax collections

Summary The IRS has 10 years to collect unpaid taxes, which is called the Collection Statute Expiration Date (CSED). The CSED is triggered when the IRS assesses taxes or a tax return is filed. Certain events, like filing for bankruptcy or applying for an Offer in Compromise (OIC), can toll the CSED, pausing the IRS’s collection efforts and extending the collection timeframe. While waiting for the CSED to expire, taxpayers can manage their debt through a Partial Payment Ins... CONTINUE READING

IRS Form 12277: Request to Withdraw Form 668(Y) Filing

November 12, 2024 | Tax Liens

Summary The IRS Form 12277, Application for Withdrawal of Filed Form 668(Y), is used to request the withdrawal of a federal tax lien filed by the IRS due to unpaid tax liabilities. The form applies when you need to remove the public lien notice and qualify for withdrawal. To be eligible, certain criteria must be met, such as premature filing of the lien, entering an installment agreement, or ensuring the withdrawal leads to tax payment. It's recommended to consult with a tax profess... CONTINUE READING

IRS Form 843 Request for Abatement: What It Is and How to Use It

November 12, 2024 | Tax Help Tax Penalties

Summary IRS Form 843, Claim for Refund and Request for Abatement, is used to request a refund of taxes paid in error or an abatement of penalties. Common reasons for using Form 843 include penalty abatement for first-time offenses, erroneous withholding by employers, and IRS mistakes or delays. It's important to review eligibility requirements and provide accurate personal details, tax information, and an explanation of the request. The form should be signed, dated, and sent to the... CONTINUE READING

How Far Back Can the IRS Go for Unfiled Taxes?

November 10, 2024 | Tax Compliance Tax Relief

Summary   The IRS has no limit on how far back it can go to collect unfiled taxes since the filing of a tax return triggers the deadlines on the ability to collect unpaid taxes. The agency can assess taxes for any year that a tax return hasn't been filed through an audit process, and if the taxes aren't paid voluntarily, the IRS can use various collection methods to obtain the money (tax liens and levy's). The consequences of not filing taxes can vary based on how long... CONTINUE READING

Penalty Abatement Policies- First Time and Recurring

November 10, 2024 | Tax Penalties Tax Relief

Summary Penalty relief can be negotiated with the IRS and NYS Department of Taxation and Finance for various tax penalties, including failure to file, negligence, fraud, late filing and failure to pay on time. 1) Reasonable cause for the failure to file or pay taxes can be a basis for penalty reduction. 2) First-time penalty abatement is available for taxpayers with no history of tax problems who incur a penalty for the first time. 3) Reasonable cause relief is available for taxpaye... CONTINUE READING

What Happens to Your 401(k) If You Owe Taxes to the IRS?

October 18, 2024 | Tax Debt

Summary Yes, the IRS can take your 401(k) for taxes owed if you fail to pay your taxes in full and on time. The IRS has broad authority to levy assets, including retirement accounts, to collect unpaid taxes. However, the IRS generally only takes this action as a last resort after other collection efforts have failed. To protect your 401(k) from an IRS levy, it's crucial to be proactive about your tax debt. Respond to IRS notices promptly and work with the IRS to establish a... CONTINUE READING

What You Should Know About the Downsides of an IRS Offer in Compromise

October 18, 2024 | Offer in Compromise

Summary An Offer in Compromise is a tax resolution option that allows individuals to pay off their tax debt for less than they owe. While it offers benefits, there are also downsides to consider. Filing an Offer in Compromise requires a $205 application fee and an initial payment of 20% of the proposed lump sum amount or the first month's payment for periodic payments. The IRS will scrutinize financial records, and accepted offers become public records. The process can be le... CONTINUE READING

New York State Tax Debt—Collection Statute of Limitations

Statute of Limitations on NY State Tax Debt—How Long Can They Collect? After state taxes have been assessed, the Department of Taxation and Finance (DTF) can only collect taxes for a set period of time. In New York State, the statute of limitations is generally 20 years. Howe...