Skip to main content

Understanding Tax Liens, Penalties and Interest For Back Tax Debt Owed to the IRS and/or State Taxing Authorities | Where the Rubber Meets the Road

"Why was a tax lien filed?" or "Can you abate the penalties?" are the two most common concerns I hear from potential clients.  While others (sales people) have no problem telling you that they will remove the tax lien and get rid of the penalties I will attempt to explain to you where the rubber meets the road.

If you owe the IRS more than $25,000 there is going to be a tax lien filed, period.  You can appeal the initial notice of federal tax lien but that doesn't prevent it from being filed.  It can be withdrawn if you are successful in appeals.   If you owe more than the threshold amount of $25K good luck with that.    

The IRS takes the position if you did the crime you must do the time.  That time is in the form of both the filing of a tax lien as well as penalties and interest.  While abating penalties is much more likely than releasing a tax lien if you owe more than $25,000, it certainly is not a given.   You must demonstrate reasonable cause existed in order to convince our good friends at the IRS to abate any penalties.  I talk about this in previous posts.

Everyone thinks they are special and entitled to a hook-up but the truth is excuses are like assholes, everyone has one.   You have to have something that happened to you outside of your control.  If there were medical reasons which strapped you financially and therefore were unable to make your estimated tax deposits that is one example.  If you decided it was more important for you to go build a house instead of pay the IRS then no, don't expect the IRS to agree to abate your penalties.

If you want honest help then call me, if you want to be greedy go to a large company like Tax Masters.  I like to help people like myself, honest and to the point. 






Popular posts from this blog

Keys to a Successful Offer in Compromise | Nicholas Hartney, EA | Genesis Tax Consultants, LLC ©

Keys to Unlock a Successful Offer in Compromise © by Nicholas Hartney, EA © of Genesis Tax Consultants, LLC© *Updated Article 2018 Here Contact me: Nicholas Hartney Licensed to Represent Taxpayers Before the IRS  T he Offer in Compromise is an agreement between a taxpayer and the IRS that settles the taxpayer’s liability for some amount which is less than the full amount due. The IRS has the authority to settle or compromise federal tax liabilities by accepting less than full payment under certain circumstances. The taxpayer makes an Offer in Compromise on Form 656. If the IRS accepts the Offer in Compromise, then a contract is formed in which the IRS agrees to cancel the tax debt in return for the payment of the agreed sum. The IRS has a whole set of rules, policies and procedures which govern when it will accept an offer. Unfortunately, you just don’t offer to pay them 10, 25, or 50 cents on the dollar. They look at your offer, compare it to their guide

2010 IRS Nationwide Tax Forum San Diego Review

The 2010 IRS Nationwide Tax Forum was nicely set up and had some great presentation speakers.   Some of the highlights discussed from the forum: There were almost one million federal tax liens filed in 2009. The National Taxpayer Advocate's Office discovered that federal tax liens drop your credit score 100 points as soon as they are filed.  The investigation also found that the three major reporting credit agencies, Experian, Equifax, and Transunion, do not remove tax liens for years, if at all, even after the tax has been paid.  The Fair Credit Reporting Act allows the agencies to keep the lien on your credit report for up to 7 years after payment in full.  Regardless of this Act for some reason the investigation found that Equifax keeps liens on your report for up to 15 years, Experian keeps the liens on your report for 10 years, and TransUnion indefinently!  Federal Tax Lien filings went up 475% over the past 10 years. Bankruptcy on back taxes are dischargable in a bank

Preparing IRS Form 1045 Tentative Carryback Application or Carryback Claim Net Operation Loss (NOL)

Preparing Form 1045 to apply a tentative carry-back loss is ridiculously complicated for most people.  Even seasoned tax prepares have difficulties preparing this form.  If after you filed an amendment to your tax return (Form 1040X) and the IRS sends you a notice requesting that you now file Form 1045 you should consider calling someone for help!  I filed one of these forms back in June for a client of mine and just received notice that it was approved, lowering the taxpayer's liability down from $8492 to $2900. You may want to contact me on this . If you wanted to try to tackle the 1045 yourself here are the instructions: Department of the Treasury Internal Revenue Service 2010 Instructions for Form 1045 Application for Tentative Refund Section references are to the Internal Definitions connection with gambling, the racing Revenue Code unless otherwise noted. of animals, or the on-site viewing of Eligible loss. For an individual, an such racing, and the po