I’m suing my landlord/his insurance company, because a few years ago I fell down a common stairwell after the landlord had removed the carpeting, but not the nails. I have a good personal injury attorney, but she’s not sure about tax questions.
Date : February 22nd, 2010Category : UncategorizedAuthor : Editor2 Comments
I recently received money from an arbitration settlement. The reward was based on a 1998 Earthquake insurance claim that was never resolved. In my original court filings, I had only asked for $$ to cover damages to the rental property I own. In the settlement, the Insurance company did not admit to fault. I have already spent $$ over the preceding years to repair my property. The reward I received covers the expense I have already incurred and provides for additional funds for possible future improvements to the rental property that I may, or may not incur. What portion of the reward do I have to pay taxes on? Does it only matter it is compensatory vs. punititive? I have to pay taxes on punitiive and not compensatory?
The American Indian Plaintiffs, in a long-running class action lawsuit against the federal government for mismanagement of the individual Indian trust, today announced a Settlement with the U.S. De…
Knowledge and Experience The biggest reason to consider hiring a tax lawyer to negotiate a tax debt settlement with the IRS is because of the knowledge and experience they bring to the table. Tax attorneys may spend years studying the IRS tax code and honing their negotation skills. They usually have experience in successfully helping taxpayers resolve their debts. Negotiating a settlement will require a lot of knowledge of complicated IRS laws and tax codes. Therefore, if you are going to do it on your own, then you will need to spend a decent amount of time researching tax law before you begin. You might even want to purchase a few books on tax debt resolution so that you can be as familiar as possible with the process.
Convenience Another reason to consider hiring a tax attorney is the convenience it brings. Not only can negotiating with an IRS agent be stressful, but it also requires a lot of work. In order to qualify for most tax settlement programs, you will need to present the IRS with full financial disclosure and convince them you cannot afford to pay for basic living expenses in addition to a tax payment. Compiling all of this data, calculating the correct expenses, and presenting a case to the IRS is a very complicated process, and can easily take weeks of effort to complete.
The only exception is if you are trying to get placed on a Streamlined Installment Agreement, which does not require a financial disclosure as long as the taxpayer’s debt is under $25,000 and they intend to repay the entire tax liability within five years. Therefore, if you meet the conditions for a Streamlined Installment Agreement then you may be able to negotiate your own settlement. However, if you are hoping to qualify for an Offer in Compromise or a standard Installment Agreement then you might want to consider speaking with an attorney.
IRS Communications When you hire an attorney the IRS will need to direct collection efforts to the attorney. However, if you are going to negotiate your own settlement then you will need to communicate directly with the IRS. Meaning you will need to respond to their letters and calls, which can be scary and confusing.
Probability of a Mistake Unfortunately when you are dealing with tax debts, a small mistake can quickly turn into a big mistake. If you are working with a tax resolution law firm, then it is likely either a lawyer or legal assistant will catch all potential mistakes. However, if you are submitting your own financial disclosure and make a small miscalculation then you could end up with a payment plan that you cannot really afford.
When you need a tax professional to help you decide how to negotiate with the IRS to pay back taxes, you’ll definitely want to consider an enrolled agent (EA). Many people don’t even know that such a person exists. If they do know enrolled agents exist, they’re not sure what they do and what they charge. Once you understand the function of the EA, you’ll want to have this important resource at your side during any dealings with the IRS.
An enrolled agent is someone who’s received clearance by the United States Department of the Treasury (USDT). He or she has the authority to represent citizens in their dealings with the IRS. An EA helps you present yourself well in anything having to do with audits, appeals, or collections.
There are many other tax professionals around, so you might wonder what an EA can do for you that others can’t. For one thing, the EA is a step above a CPA because he or she has been privy to the inside workings of the IRS and can make this work to your advantage. For another, he or she has a more comprehensive view than most attorneys because an attorney is usually only licensed in one state while an EA is licensed across the 50 states.
When you consult an EA, you realize he or she knows what’s going on in the tax world.
It’s not an easy task to become one, so the title itself is its own best referral.
To become licensed as one, you must either have worked for the IRS for five years and used the tax code regularly or taken a comprehensive exam that has to do with all the ins and outs of taxation. Because of this, you know that you are hiring someone with inside knowledge who can help you as only someone who understands the inner workings of an organization can. An EA can think one step ahead of either you or the IRS and help you hold on to as much of your money as possible.
A USDT licensed enrolled agent will be an invaluable asset to you if you find yourself in a position where you have to have conversations with the IRS. Whether you’re facing an audit or the appeal of one or have to decide on a payment plan for back tax collection, an EA is your best bet for assistance.
If you are under an IRS wage garnishment due to a previous tax debt, there is settlement help available. Many income tax problems are associated with marriage, divorce, or death. Getting married, getting divorced, or experiencing the death of a spouse can leave many people with owing money to the IRS. If your spouse doesn’t declare the right amount of income, divorces you, or even passes away, you may not be able to determine the amount of tax money owed without the help of a qualified tax attorney.
A spouse can have unreported income; most people don’t understand that if they file a joint return, they will also be responsible for their spouse’s unreported income. The money situations don’t stop there. If you let your spouse complete your tax return and don’t examine it carefully, your spouse may claim deductions that you are not aware of. This is not a problem if the deductions are valid and accompanied by receipts, but what if they aren’t? You may be liable for the additional tax due from deductions that a spouse declared that weren’t allowed by the IRS. Problems of this nature can continue on for years and may not go away unless you work with a professional tax attorney.
If money issues are a problem when two people are married, they only get more complicated with divorce. If the fiscal year isn’t complete when the settlement is finalized, you still have to deal with filing. Some divorces are amicable, but most aren’t. April is the month when most estranged couples experience tax problems with the IRS. Many ex-spouses try to get out of paying money they owe in back taxes. This can result in wages being garnished by the IRS.
A spouse’s death can be even worse. There may be items that you do not even know about because you may have left the tax preparation up to them. When a spouse dies, you may not be able to find receipts or even records of income and expenditures that may help you settle a claim without problems. A tax professional can assist you by providing advice that will help solve any issues that you may have.
If any of these situations apply to you, the best help you can find will be that of a tax attorney. IRS wage garnishments can be removed. If you have a previous tax debt that the IRS is pressing to recover, an offer in compromise can be made. You can settle your debt with the IRS for less than what they state you owe. A qualified tax professional is the best person to negotiate with the IRS on your behalf to reach a settlement amount.
Do you need to settle tax debt with the IRS? If so, you need to know which tax settlement method is best. With so many options to choose from, it is important to know the ins and outs of each one. This is the only way to ensure that you are making the right decision, and doing what is best from both a personal and financial perspective.
Here are several common tax settlement methods and why you should think about using them:
1. Paying in full
This method is common for many reasons. To start, you get your debt out of the way quickly and without a lot of paperwork and wasted time. If you know how much money you owe, and you have that sum available in cash, you can pay your debt in one lump sum. You may even want to think about paying in this manner if you can secure a bank loan at a very low interest rate but in no way should you pay with a credit card as interest rates are typically much higher than bank loans or IRS payment plan rates. Even though it can be difficult to part with such a large sum of money, it makes sense for many reasons if you are in position to do so.
2. IRS Installment Agreements
Those who cannot pay in full, no matter the reason, may want to consider an Installment Agreement (IA), also known as an IRS payment plan. This tax settlement method relies on you, the taxpayer, sending money or having it deducted from your bank account each month to the IRS until your debt is paid off. If you are going to opt for an Installment Agreement make sure you are comfortable with the monthly payment that you suggest. If you cannot afford to make your monthly payment, and miss just one, the IRS is going to cancel your plan and further penalties and interest are typically experienced.
3. Offer in Compromise
If you are in a bad position you may qualify for an Offer In Compromise (OIC) which is a form of settling for less. Before we go any further, it is important to note that only 10 to 15 percent of these offers are accepted so it is highly recommended that you consult with a tax attorney, CPA, former IRS agent, or Enrolled Agent. The IRS does not like accepting offers because it means they are receiving less than the total amount due. You will only quality for an OIC if you can prove: doubt as to liability, doubt as to collectibility, or effective tax administration.
4. Penalty abatement
This is a bit different than the three tax settlement methods outlined above, but very important nonetheless. Penalty abatement allows you to eliminate some or all of the penalties owed. You will still owe the IRS the original amount of the debt, but at the very least you can have the penalties wiped out. This is one of the simplest ways to settle tax debt for less than the base amount.
Now that you know have an overview of four common IRS tax settlement methods you should have a clearer understanding as to which one may be best for you. With most State or IRS tax problems, working with a tax professional is always in your best interests because typically they will not only advise you on which settlement method is best for you, but they can help you with the process of requesting it – in essence shortening your time to a resolution and preventing further tax penalties and interest.
With the recent downturn in the economy, Americans find themselves not only facing unsecured credit card debt problems, and difficulties handling their home and vehicle loans, but oftentimes unable to pay their IRS taxes in a timely manner. There is IRS tax debt help available to anyone who finds they owe money for back income taxes to the Internal Revenue Service. The federal government offers many tax relief programs that are designed to help the taxpayer repay the delinquent IRS tax debt due. But if you are a struggling taxpayer with a large IRS tax debt, then repaying the full IRS back tax debt may not be an option for you and your family. In fact, it may seem like an insurmountable financial hurdle you will never be able to overcome. That is why there is an IRS tax relief program called Offer in Compromise.
Federal law does grant the IRS the power to agree to a settlement of your IRS tax debt for less than the actual amount you owe. Sometimes, the IRS can accept significantly less to end your IRS tax debt. However, the process of actually getting the IRS to agree to a tax settlement is not simple or straightforward. You may need expert IRS tax debt settlement help to insure that you have filed everything correctly and that you give yourself the very best chance to be approved for a reduced tax debt settlement offer. The IRS does not widely promote this program and it is not a full amnesty program. It is however, a way to significantly reduce your IRS tax debt, and have the âcompromised amountâ be considered payment in full for the IRS back tax liability. It is as close as you can get to a âfresh startâ with the IRS!
Knowing when it is prudent to seek professional IRS tax debt settlement help can be crucial to your success. The paperwork for the IRS tax debt settlement program is complicated. You are required to prove that you will never be able to pay back the entire tax debt, or that paying off your tax debt will cause âundue hardshipâ. You must commit to a full financial disclosure. The IRS looks at your income and all your âlifestyle expensesâ. They even require an inventory of all your accounts, possessions, and the equity in your home. Getting approved can be a lengthy process and there are no guarantees you will quality for this form of IRS tax relief. The process can take up to a year. Having professional tax debt help can âmake the differenceâ between success and failure. You simply cannot be expected to know all the complexities of the IRS settlement process to insure your tax debt settlement offer is accepted. But IRS tax relief professionals can give you this âmuch needed edgeâ.
There are a number of companies that are able to provide delinquent taxpayers with the IRS tax debt settlement help they need. Some of these firms are actually tax law firms, while some are companies with tax specialists that assist with IRS back taxes. These firms are typically staffed with tax attorneys, enrolled agents, CPAs, and even previous IRS employees who have the âinside trackâ on how to successfully secure a tax debt settlement offer from the IRS. These companies will offer a free tax analysis which allows you to have your tax matter reviewed at no initial cost. These tax firms are also aware of all other IRS tax relief programs available should it not appear that you are likely to quality for tax debt settlement through the Offer in Compromise program. It is always advisable to check the record of any professional tax debt help firm or company you intend to contract with to handle your IRS tax debt problem. It goes without saying that successful resolution of your IRS tax debt is important!
You can save on professional fees by handling your own case, but know that there are many advantages to hiring a qualified tax professional to represent you before the IRS. Taxpayers may always represent themselves before the IRS. However, many taxpayers find dealing with the IRS frustrating, time-consuming, intimidating or all of the above.
The one advantage of taxpayers representing themselves is that they will save professional fees. And for most taxpayers this is no small matter. However the amount of fees saved may be dwarfed by the actual tax settlement. In this case, the taxpayer must look at the total financial picture to determine how much money they may be leaving on the table if they do not have expert representation. In this case, the age old adage, “Penny wise and pound foolish” should be top of mind.
There are many disadvantages of a taxpayer representing themselves. First of all, the taxpayer does not have the professional’s expertise and will not know the tax relief options available or how to get the lowest settlement allowed by law. For instance, if you are considering applying for the IRS Offer in Compromise program, it’s important to note that 4 out of 5 Offers in Compromise submitted by the taxpayer are rejected by the IRS. Additionally, many taxpayer-negotiated settlements offer the IRS much more than is required by law.
Secondly, working with the IRS can also be very emotionally draining- and the taxpayer may be too frightened, frustrated or intimidated by the IRS to effectively or comfortably to negotiate a settlement. Most taxpayers are far happier to keep their distance from the IRS and prefer to leave the sparring to their advisors. However, dealing with the IRS is not always as painful as you may imagine. In fact, most IRS officers are reasonable and helpful, particularly when they see you are making an honest effort to resolve your tax problems.
Another drawback of taxpayers working directly with the IRS without professional representation (tax resolution firm, specialized tax attorney, etc) is that the taxpayer may slip up and inadvertently make statements that can make the problem worse – and perhaps trigger an audit or even criminal prosecution. Professionals know where to draw the line. The taxpayer may make statements that can create tax liability for their spouse or business associate.
And finally, the taxpayer takes valuable time away from their work and family to wrestle with their own IRS case. Doctors, dentists, lawyers, executives, successful business owners, and other high-income taxpayers will do appreciably better paying a tax professional while they more profitably pursue their own occupations.
For more advice and information on reducing your tax debt, visit www.taxresolution.com for a free tax relief consultation or call 866-IRS-PROBLEMS.
There are a number of companies around today that claim to be able to provide consumers with IRS tax debt settlement help. In some cases, these are attorney firms that specialize in tax law. Others are more or less debt counseling agencies with some expertise in dealing with the Internal Revenue Service. Choosing the right entity to assist you with IRS tax debt settlement help can be a confusing task. Here are a few tips to help you make the right decision.
First, think locally rather than globally. If at all possible, you want to obtain IRS tax debt settlement help from a firm or agency that you can sit down with and discuss the matter face to face. There are two reasons for this. First, you have the security of knowing the firm has been in town for quite some time, and is apparently stable. Second, being able to interact with contacts at the firm can help to build a rapport between you and your debt counselor that would not be possible through other mediums. Always check for resources in your local area before branching out to other possibilities that are based elsewhere.
If you live in an area where there are very few local resources, or you have reason to question the quality of those services for some reason, then turn your attention to other avenues. Often, you can check with state associations and find reputable firms to assist you with reliable IRS tax debt settlement help. Even though the firm may not be based in your local city, it may still be possible to schedule an appointment to travel to their place of business and at least have a couple of face to face meetings.
Of course, there is always the chance that circumstances might make it impossible for you to find a resource for IRS tax debt settlement help. If that is the case, then turn to the Internet. You can find a number of firms that claim to be very effective in working with the IRS. However, don’t take those claims at face value. Do some checking, and see what you can find about where the firm is based, what is being said about them by other consumers, and if they are registered with the Better Business Bureau.