Will the IRS allow me to add what I owe for 2008 to my previous installment agreement?
January 25, 2009 by Tax Blog
Filed under Questions & Answers
nameisaroll asked:
Ok, so I am an IDIOT and have owed the IRS for the last 2 years and will owe them again this coming year. I am currently making monthly payments via electronic withdraw. Does anyone know if the IRS will allow me to combine my upcoming balance to my existing installment agreement from the last two tax years and continue making my monthly payments? I’m afraid I won’t be able to pay what I owe in full. Will this default my current agreement?
Ok, so I am an IDIOT and have owed the IRS for the last 2 years and will owe them again this coming year. I am currently making monthly payments via electronic withdraw. Does anyone know if the IRS will allow me to combine my upcoming balance to my existing installment agreement from the last two tax years and continue making my monthly payments? I’m afraid I won’t be able to pay what I owe in full. Will this default my current agreement?
How To Remove Federal IRS Tax Liens
Neil Lemons asked:
The IRS has wide powers of collection of tax. One of the first things they do is to file a lien. Actually, by law, lien attaches to all the properties of the tax payer once a federal tax demand is raised. What this means is that the IRS has a right over these properties to the extent of the tax dues.
However, to make the lien effective, it needs to be filed in the public records which can be the local county office where you file tax returns. Normally this is done if the IRS considers that you are neglecting your tax dues.
The filing of lien has very adverse implication for the tax payer. It has the effect of serving a public notice particularly on the creditors that the properties of the tax payer are now encumbered with the tax debt. As a result, the credit rating of the tax payer takes a nosedive.
Normally, all credits are advanced against security of the assets owned by a person whether or not the person is actually required to mortgage a property in favor of the creditor. The filing of the tax lien has the effect of announcing to the world at large that the person is a tax defaulter.
No creditor will like to lend to a person knowing that the properties of the person are not free from debt and therefore his loan is not secure. Getting fresh loans will become very difficult for such a person.
What is the solution? Of course, the best thing to do is to clear the tax debt immediately and get the lien released. This can be done through payment or through adjustment of pending refunds. The IRS is obliged to release the lien within thirty days of the full tax dues including interest and penalty being paid.
If it is not possible to pay up the entire dues in one lump sum, the tax payer can make request for payment in installments. Once an installment agreement is reached, it may be possible to request for release of lien. However, this request may not be granted as the IRS likes to keep the lien as security of the tax debt.
Nevertheless, it may be possible to negotiate this relief if the installments are paid through payroll deduction from wages or electronic clearance from the bank account. This is because the consent given for such automatic deduction becomes a guarantee for future installment payments.
Another option is to give a bond to the satisfaction of the IRS guaranteeing the payment. This can be in the form of a bank guarantee or any third party guarantee. It should also be possible to offer a scheme of payment through sale of part of the property or one of the properties.
The IRS may release the lien if they are convinced that the sale will result in the collection of tax. It is also possible to get the lien on a property subordinated to another lien to access further credit.
The key lies in negotiating a bonafide scheme of tax payment with the IRS. For more information, see Publication 1450 of the IRS available on the IRS’s website. If the thought of trying to fight the government scares you, you should contact a professional IRS tax negotiator and have them remove the lien for you.
The IRS has wide powers of collection of tax. One of the first things they do is to file a lien. Actually, by law, lien attaches to all the properties of the tax payer once a federal tax demand is raised. What this means is that the IRS has a right over these properties to the extent of the tax dues.
However, to make the lien effective, it needs to be filed in the public records which can be the local county office where you file tax returns. Normally this is done if the IRS considers that you are neglecting your tax dues.
The filing of lien has very adverse implication for the tax payer. It has the effect of serving a public notice particularly on the creditors that the properties of the tax payer are now encumbered with the tax debt. As a result, the credit rating of the tax payer takes a nosedive.
Normally, all credits are advanced against security of the assets owned by a person whether or not the person is actually required to mortgage a property in favor of the creditor. The filing of the tax lien has the effect of announcing to the world at large that the person is a tax defaulter.
No creditor will like to lend to a person knowing that the properties of the person are not free from debt and therefore his loan is not secure. Getting fresh loans will become very difficult for such a person.
What is the solution? Of course, the best thing to do is to clear the tax debt immediately and get the lien released. This can be done through payment or through adjustment of pending refunds. The IRS is obliged to release the lien within thirty days of the full tax dues including interest and penalty being paid.
If it is not possible to pay up the entire dues in one lump sum, the tax payer can make request for payment in installments. Once an installment agreement is reached, it may be possible to request for release of lien. However, this request may not be granted as the IRS likes to keep the lien as security of the tax debt.
Nevertheless, it may be possible to negotiate this relief if the installments are paid through payroll deduction from wages or electronic clearance from the bank account. This is because the consent given for such automatic deduction becomes a guarantee for future installment payments.
Another option is to give a bond to the satisfaction of the IRS guaranteeing the payment. This can be in the form of a bank guarantee or any third party guarantee. It should also be possible to offer a scheme of payment through sale of part of the property or one of the properties.
The IRS may release the lien if they are convinced that the sale will result in the collection of tax. It is also possible to get the lien on a property subordinated to another lien to access further credit.
The key lies in negotiating a bonafide scheme of tax payment with the IRS. For more information, see Publication 1450 of the IRS available on the IRS’s website. If the thought of trying to fight the government scares you, you should contact a professional IRS tax negotiator and have them remove the lien for you.
Common Irs Tax Settlement Programs
Roni Deutch asked:
Full Payment
The fastest way to resolve owed back taxes is by paying them in full. This includes paying the interest and penalties that have been assessed by the IRS back. These penalties and interest can quickly add thousands of dollars to your tax liability as they are constantly accruing. If you intend to fully repay the IRS then you should try to do so as soon as possible to avoid additional expenses.
Installment Agreement
By negotiating an Installment Agreement (IA) with the IRS, you can repay all, or part, of your total back tax liability through manageable monthly payments. The specific monthly payment is based upon how much you owe and how much you can afford to pay. However, negotiating your payment will require a full disclosure of your and your spouse’s financial information. Additionally, as with all IRS tax relief programs, you can only enter into an agreement if you have filed all your necessary federal income tax returns.
Streamlined Installment Agreement
This is a special type of Installment Agreement. Again, the Streamlined Installment Agreement (SIA) is just a monthly payment paid to the IRS to address your back tax liability. The difference is how it is calculated. An IA is based upon a comparison of income to expenses. An SIA is based upon how much you owe. So long as you owe less than $25,000 and the tax liability will not expire in less than five years, you qualify for this payment plan.
Placement on CNC Status
If you cannot afford to pay on your IRS back taxes at all, then you might qualify for placement on the IRS’ Currently Not Collectible (CNC) status. However, you will need to prove to the IRS that your monthly necessary living expenses exceed your monthly income.
Offer in Compromise
The final settlement program offered by the IRS is an Offer in Compromise (OIC). With an OIC you submit an offer to the IRS detailing what you can afford to pay in a lump sump. If the IRS accepts then by submitting payment you will resolve your tax debts. However, submitting an OIC requires disclosure of extensive financial information in order to prove that you could not repay your taxes fully over the next 4 or 5 years even if the IRS forced the sale of all assets that you currently own.
Innocent Spouse
This is a very limited form of tax debt resolution. It is only applicable when one’s spouse files a joint tax return which accrues a tax liability without any knowledge on the part of the other spouse of what caused the underlying IRS tax liability. Although it is very limited, it is one in the best forms of tax debt resolution because it completely eliminates the debt, interest, and penalties from the innocent spouse’s IRS account. However, the “non-innocent” spouse still needs to seek a different form of resolution.
Full Payment
The fastest way to resolve owed back taxes is by paying them in full. This includes paying the interest and penalties that have been assessed by the IRS back. These penalties and interest can quickly add thousands of dollars to your tax liability as they are constantly accruing. If you intend to fully repay the IRS then you should try to do so as soon as possible to avoid additional expenses.
Installment Agreement
By negotiating an Installment Agreement (IA) with the IRS, you can repay all, or part, of your total back tax liability through manageable monthly payments. The specific monthly payment is based upon how much you owe and how much you can afford to pay. However, negotiating your payment will require a full disclosure of your and your spouse’s financial information. Additionally, as with all IRS tax relief programs, you can only enter into an agreement if you have filed all your necessary federal income tax returns.
Streamlined Installment Agreement
This is a special type of Installment Agreement. Again, the Streamlined Installment Agreement (SIA) is just a monthly payment paid to the IRS to address your back tax liability. The difference is how it is calculated. An IA is based upon a comparison of income to expenses. An SIA is based upon how much you owe. So long as you owe less than $25,000 and the tax liability will not expire in less than five years, you qualify for this payment plan.
Placement on CNC Status
If you cannot afford to pay on your IRS back taxes at all, then you might qualify for placement on the IRS’ Currently Not Collectible (CNC) status. However, you will need to prove to the IRS that your monthly necessary living expenses exceed your monthly income.
Offer in Compromise
The final settlement program offered by the IRS is an Offer in Compromise (OIC). With an OIC you submit an offer to the IRS detailing what you can afford to pay in a lump sump. If the IRS accepts then by submitting payment you will resolve your tax debts. However, submitting an OIC requires disclosure of extensive financial information in order to prove that you could not repay your taxes fully over the next 4 or 5 years even if the IRS forced the sale of all assets that you currently own.
Innocent Spouse
This is a very limited form of tax debt resolution. It is only applicable when one’s spouse files a joint tax return which accrues a tax liability without any knowledge on the part of the other spouse of what caused the underlying IRS tax liability. Although it is very limited, it is one in the best forms of tax debt resolution because it completely eliminates the debt, interest, and penalties from the innocent spouse’s IRS account. However, the “non-innocent” spouse still needs to seek a different form of resolution.