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![]() | Tax Problems
TAX PROBLEMS? WE CAN HELP!
INFORMATION YOU NEED TO KNOW ABOUT HOW THE IRS COLLECTS FROM TAXPAYERS
WHAT CAN THE IRS OR STATE DO TO ME?? TAX LIENS: The IRS or can make your life miserable by filing tax liens. Tax Liens are public records that indicate you owe the IRS or State various taxes. They are filed with the County Clerk in the county from which you or your business operates. Because they are public records, they will show up on your credit report. This often makes it difficult for a taxpayer to obtain any financing on an automobile or a home. Tax Liens can also tie up your personal property and real estate. Once a Tax Lien is filed against your property you cannot sell or transfer the property without a clear title. Often taxpayers find themselves in a Catch-22 where they have property that they would like to borrow against, but because of the tax lien, they cannot get a loan. TAX LEVIES: BANK ACCOUNTS: A Tax levy is the actual action taken by the IRS or State to collect taxes. For example, the IRS or State can issue a bank levy to obtain your cash in savings and checking accounts. Or, the IRS or State can levy your wages or accounts receivable. The person, company, or institution that is served the levy must comply or face their own IRS or State problems. The additional paperwork this person, company or institution is faced with to comply with the levy usually causes the taxpayer's relationship to suffer with the person being levied. Levies should be avoided at all costs and are usually the result of poor or no communication with the IRS or State. WAGES: An IRS Wage Levy is different. Wage levies are filed with your employer and remain in effect until the IRS notifies the employer that the wage levy has been released. Most wage levies take so much money from the taxpayer's paycheck that the taxpayer doesn't have enough money to live on. State Tax Levies actually take the persons whole paycheck AUDITS: The IRS or State can audit you by mail, in their office, or in your home or office. The location of your audit is a good indication of the severity of the audit. Typically, correspondence audits are for missing documents in your tax return that IRS or State computers have attempted to find. These usually include W-2's and 1099 income items or interest expense items. This type of audit can be handled through the mail with the correct documentation. The IRS or State office audit is usually with a Tax Examiner who will request numerous documents and explanations of various deductions. This type of audit may also require you to produce all bank records for a period of time so that the IRS can check for unreported income. The IRS or State audit scheduled for your home or office should be taken more seriously due to the fact that the IRS or State Auditor is a Revenue Agent. Revenue Agents receive more training and auditing techniques than a typical Tax Examiner. All IRS or State audits should be taken seriously because they often lead to other tax years and other tax deductions not originally stated in the audit letter. SEIZURE OF ASSETS: The IRS and State have extensive powers when it comes to Seizure of Assets. These powers allow them to seize personal and business assets to pay off outstanding tax liabilities. This occurs when taxpayers have been avoiding the IRS or State Tax Commission. The IRS or State attempts to collect amounts owed with a seizure as the ultimate act of their collection efforts. WAGE GARNISHMENT: The IRS wage garnishment is a very powerful tool used to collect taxes owed through your employer. Once a wage garnishment is filed with an employer, the employer is required to collect a large percentage of each paycheck. The paycheck that would have normally been paid to the employee, will now be paid to the IRS. The wage garnishment stays in effect until the IRS is fully paid or until the IRS agrees to release the garnishment. UNFILED TAX RETURNS: Taxpayers fail to file required tax returns for many reasons. The taxpayer must be aware that failure to file tax returns may be construed as a criminal act by the IRS or State. This type of criminal act is punishable by one year in jail for each year a tax return was not filed. Needless to say, it's one thing to owe the IRS or State money but another thing to potentially lose your freedom for failure to file a tax return. The IRS or State may file "SFR" (Substitute For Return) Tax Returns for you. This is the IRS or State version of an unfiled tax return. Because SFR returns are filed in the best interest of the government, the only deductions you'll see are standard deductions and one personal exemption. You will not get credit for deductions which you may be entitled to such as exemptions for spouses, children, interest and taxes on your home, cost of any stock or real estate sales, and business expenses, etc. Regardless of what you have heard, you usually have the right to file your original tax return no matter how late it's filed. We specialize in getting Unfiled Tax Returns Filed. Even if you do not have your W2's or other information, do not delay in contacting our office to assist you in preparing your tax returns. We can obtain all the necessary information required so that we can prepare your returns. PENALTIES: The IRS and States penalize millions of taxpayers each year. They have so many penalties that it's hard to understand which penalty they are hitting you with. STOP COLLECTION BY THE IRS AND STATE: Many of the techniques talked about here, if done correctly will stop the IRS or State from continuing with collection efforts against you. Levy's may be lifted, Liens prevented and Garnishments stopped if the necessary requirements are met.
An OIC is an agreement between the Internal Revenue Service and a person or business to settle their liability for a certain amount. If accepted, it is the ultimate in tax relief. If accepted, you pay the IRS what you can afford to pay, not what you owe, unlike an Installment Agreement. We pride ourselves in arranging many such tax settlements. INSTALLMENT AGREEMENTS: For many taxpayers, they just need enough relief from the IRS or State collection procedures that they can pay the tax. When there are Levy's or Garnishments in place, the IRS or State decides how much you will pay to them. Under an Installment agreement coupled with a request for Penalty Abatement, you are more in control. PENALTY ABATEMENT: Penalties are imposed by the IRS and State which are significant. A little known procedure, which can significantly reduce tax liability is to request a penalty abatement. There must be good cause shown for the penalty abatement, but a skilled professional knows what it takes to show good cause and can advise you whether you qualify. INNOCENT SPOUSE DEFENSE: Often the IRS seeks to recover taxes from a spouse who had nothing to do with the tax debt. This may include a spouse who had nothing to do with a business, someone who is divorced and being held liable for a former spouses debt. The injured or innocent spouse may be able to obtain relief from the IRS debt. BANKRUPTCY: The rules of Bankruptcy are very complex as they relate to taxes. Generally, taxes that are over 3 years old and have not had a lien filed are dischargable in Bankruptcy. If they have been subject to an IRS or State lien then the value of the assets securing the lien must be dealt with. This fact is little known to the average taxpayer. This fact can be used in either discharging taxes in Bankruptcy or as a negotiating tool when dealing with the IRS or State.
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We represent clients throughout the United States. We are a tough, aggressive and highly skilled law firm. Our practice is focused on matters related to Internal Revenue Service tax problems. We have 25 years' experience assisting clients. Our Tax Attorneys provide the highest quality tax help to clients with IRS problems. Our Tax Attorneys represent people who have had the misfortune of falling behind on IRS tax obligations. Those clients need help getting back on their feet again. We have the skill and expertise to negotiate with the IRS on your behalf. We can work out a solution for individuals and businesses. To contact us, simply fill out our online form and find out what we can do to help you with your tax problem. We offer a free initial consultation to all clients and special payment plans to those who need them. Attorney Martin ("Marty") Martelle and his staff have extensive experience representing clients with various kinds of IRS related issues. We specialize in getting Unfiled Tax Returns Filed. Even if you do not have your W2's or other information, do not delay in contacting our office to assist you in preparing your tax returns. We can obtain all the necessary information required so that we can prepare your returns. If we are representing you in a tax matter, we will deal with the IRS for you. You won't have to deal with them directly! Additionally, we can work with you to prevent the IRS or other government agency from taking drastic actions. Such actions include liens, levies, audits, seizure of property or imposing penalties. Our fees are reasonable and we have very good business sense. We are able to offer a well-considered opinion as to the best course of action available under a given set of circumstances.
To have your IRS problems handled by a competent and experienced Tax
Lawyer, call us toll free at: 1 877 TAX CREW (877 829 2739) or 208 938 8500
Please fill out our online form and find out what we can do to assist you. We offer a free initial consultation to all clients and payment plans to those who need them. Representing clients with tax problems throughout the United States. Martelle Law Offices, P.A. Telephone:
1 877 TAX CREW (877 829 2739)
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2005 by Martelle Law Offices, P.A. All rights reserved.
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