The Appeal Process For IRS Collections

You can, of course, appeal various Internal Revenue Service decisions, including a number of collection actions that they may initiate. Understanding your rights under the Collection Due Process and Collection Appeals Program is, of course, extremely valuable.

A taxpayer can make use of the Collection Appeals Program (CAP) to appeal a wider range of collection actions than the Collection Due Process. These include appealing a Notice of Federal Tax Lien, Notice of Levy, property seizure, termination of Installment Agreement, or rejection of proposed Installment Agreement. While versatile, it is useful to understand the limitations with this approach. You are not able to, for instance, negotiate the existence of the tax debt, nor can you go to court if you don’t like the CAP results.

IRS Form 9423, Collection Appeal Request, is a document that can be submitted to request Appeals consideration if an agreement cannot be reached with the IRS worker assigned to your case, or with the Collection Group Manager. This form will be reviewed by the IRS Office of Appeals, that  operates independently from IRS Collections.

Hiring a tax debt expert, such as a tax attorney or an enrolled agent, will undoubtedly increase the probability of the IRS accepting your tax resolution proposal, though there is nothing stopping you representing yourself before the IRS. You can also authorize your tax representative to operate in your absence at the Appeals hearing. To do this, complete Form 2848 - the IRS Power of Attorney and Declaration of Representative..

If you have received an IRS intent to file Federal Tax Levy or Lien or have had a Lien/Levy already filed, you can use the CAP to appeal this process. Additionally, you may file a CAP request to appeal seizure of property, but not if the property has already been sold.

If you filed a payment plan or Installment Agreement proposal to the IRS, and it was denied, you may also file an appeal to object this decision. However, your request needs to be received by the IRS within thirty days from the date on the IRS rejection letter. An IRS decision to terminate an existing Installment Agreement can also be appealed.

Keep copies of all documentation and mail everything with proof of delivery. You should do this in all dealings with the IRS. After that, for as long as the Office of Appeals is considering your case, the IRS can’t take any enforcement action for the tax year that is under investigation.

Both you and IRS Collections must comply with whatever decision is made by the Office of Appeals. Then again, this decision may be annulled if it’s discovered that the Office of Appeals was given erroneous information.

According to IRS Publication 1660, there can be other IRS collection actions that can be appealed. They include rejection of submitted Offer in Compromise, denied request for a Penalty Abatement, proposed Trust Fund Recovery Penalty, or denied Trust Fund Recovery Penalty Claim.

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Understanding IRS Liens And Levies

Things will get worse if you are not proactive about fixing the problem. The IRS will assess added penalty and interest charges, and then take steps to collect the money you owe them.

The initial stage of the process is that you will receive a letter from the IRS to let you know of the tax liability and the balance outstanding, including any accrued penalties and interest. This is the right time to rectify the situation, as you will have a certain length of time before the IRS may add penalties and interest.

If you ignore the letter from the IRS that you received, you can receive a telephone call from IRS Collections or a Revenue Officer. A Revenue Officer can also come to you you in person at your home to talk about your issue and how you plan to repay the owed taxes. During this meeting the Revenue Officer takes a note of any equity you have in your possession. This provides the IRS an estimate of how much equity you have in your property and whether it is worthwhile selling it to resolve the tax liability.

The next warning you might get is an IRS Notice of Federal Tax Lien; this shows that the IRS intends to take measures to protect its right to collect the amount that you owe, if, for example, you attempt to sell any of your possessions. You can appeal this process, but it’s unlikely to do more than delay the inevitable, unless there is in truth an error and you do not owe what the IRS states.

There are a variety of collection methods that the IRS can use. One common technique is a levy, which is defined as a “legal seizure of your property to satisfy your tax debt.” Usually, this will be a bank levy, where the IRS sends a Levy Notice to your bank, asking that they send the IRS the available money from your accounts.

In order to issue a levy, the IRS needs to notify you by sending a Final Notice of Intent to Levy to your mailing address. This notice gives you thirty days to file an appeal, or have your issue resolved by clearing all of the amount owed, or working out a repayment plan with the IRS. It is a good idea to appeal the Final Notice of Intent to Levy as soon as you receive it. In this case the IRS will assign an Appeals Officer to examine your case, which might be your opportunity to talk about your payment possibilities.

Not surprisingly, a bank levy is not the only form of levy that the IRS has in its store. One more technique accessible to them is to issue enforced collection through a Wage Garnishment, where they’ll send a letter to your employer, requesting a amount of your wages to be sent to the IRS. Other possibilities include a levy on Social Security, a levy on your Accounts Receivable if you have a company, and so on. You should do everything you can to rectify your tax liability and prevent anything like this occurringng, as these are extremely tricky to get removed.

In truth, it’s nearly always less difficult to prevent enforced collection than to have it removed once it is in place. So, particularly if you’re currently at the early phases of the collection procedure, now is exactly the time to take control, before things escalate. Tax specialists are on hand to supply tax debt help, and it is always a good plan to speak to a specialist. In many cases, like when attempting to organize an offer in compromise, you’ll only get a single chance, so you must not make any errors.

Seeking Help With Your Tax Debt Problems

Financial problems touch many people at some stage during their life. He or she has a couple of options at this point - either find specialist assistance, or come up with a strategy and resolve the issue by themselves. If the issue is one of tax debt, then looking for tax debt assistance is always recommended. The numerous complex tax regulations make tax debt issues complex, and tough to resolve, without the help of an expert. Fortunately, for this kind of problem, there are a number of places where you can locate assistance.

The Internet is an obvious source of information. Although there is a wealth of knowledge that can be found here, please do be careful to ensure that any specific information is from a reliable source, and accurate. Professionals that are skilled in financial support can be located through specialized financial sites that will guide one to company websites. Financial forums are a further available source of information, packed with information on issues, options, and companies to help out with tax problems. Occasionally, you will find financial experts providing help in these forums. Links to additional useful information and businesses that offer help can often be found in the comments. Good information can also be found on video sharing websites, if you prefer this format. Although many of these video clips will be adverts, a number will be educational, and several may be from professionals offering their services.. Again, be careful to make sure that the information is backed by a reliable source.

Tax liability issues will be a cause of embarrassment for certain people. However, people shouldn’t feel this way. It’s valuable speaking to acquaintances that may be able to provide assistance. A number of people suffer through financial difficulties - it is nothing new - and it is important to recognize this. A similar issue may have been experienced by friends or family, or they may even be dealing with an issue right now. They can help to provide help and encouragement. Developing a strategy to tackle the issue is essential - this sort of problem won’t disappear.

Although it might seem a bit quaint  in the electronic age, there are further handy places to seek help. Examining the yellow pages or the phone book can give good results if you’re seeking help in your area. It is a pretty simple matter to locate companies that can be of assistance in the yellow pages, as everything is grouped into categories. Classified ads can be yet another good way to find  services that will help you with tax liability problems. Many businesses make use of online and offline classified advertisements as a method to market their service offerings.

So, it’s a reasonably simple task to find assistance, but there is still the complex matter of selecting the right organization. Signing a blank Power of Attorney is the first error many people make - only do this after all of the documentation has been reviewed and contracts are signed. It’s also critical to make sure that it is a reputable organization. You will find a number of ways to do this. You should not trust unconfirmed reviews, but verify by requesting to speak to former customers. Don’t be taken in by fake guarantees or promises of resolutions for pennies on the dollar. There can be no guarantee; only the best resolution allowable by the law. It’s a simple matter to check that the business is financially secure by checking its details on Dunn and Bradstreet. Finally, the majority of trustworthy businesses will be signed up with the Better Business Bureau (BBB). Ensure they have a good rating by checking their record. Certain businesses will sign up with with the BBB in one state, but operate from another - be wary of these tricks.

Tax debt problems can lead to a great deal of stress, but there is good support on hand. Most importantly, you should not ignore the problem, or it will just get worse. Be proactive, by looking for qualified guidance.