What to Know About Tax Levies and Garnishment in San Diego
If you owe back taxes to the IRS or Franchise Tax Board (FTB), your income,your wages and assets (bank account), including real and personal property, can be pursued by the taxing authorities as a means of collecting the tax liability.
FLAT FEE TAX SERVICE CAN HAVE YOUR WAGE AND BANK LEVY
STOPPED IN ONE DAY.
AFTER THE WAGE AND BANK LEVY HAVE BEEN RELEASED,
LET’S PUT TOGETHER YOUR TAX SETTLEMENT.
What is a Bank Levy and Wage Garnishment?
The IRS has the authority to collect unpaid taxes by issuing a wage garnishment to your employer or a bank levy to one or more of a taxpayer’s bank accounts. The tax levy can attach to money within a savings account, checking account, retirement account, and other accounts, such as brokerage accounts. The IRS or state taxing authority may also issue a tax levy notice to your employer, resulting in an ongoing wage garnishment until the levy is either satisfied or released. Wage levies and bank levies are legal orders that recipients must comply with.
This can easily happen: the IRS is levying my bank account and issued a wage garnishment to my employer. What can I do?
Most bank and wage levy actions are taken by the Internal Revenue Service in an effort to grab the attention of the debtor taxpayer. If you receive a wage garnishment on your income or a tax levy at your financial institution, be sure to contact an experienced tax professional to prevent further enforcement actions.
The tax professionals at Flat Fee Tax Service provide valuable IRS Tax Debt Help at a very affordable fee. Our teams are located in San Diego, CA and Clearwater, FL. It is our duty, my responsibility as well as my pleasure to provide you with a thorough and complete consultation. Our conversation will take 20 to 30 minutes.
If you have a tax levy and/or wage garnishment in the San Diego, California area, give our team of tax professionals. Flat Fee Tax Service routinely has bank levy and wage garnishment stopped and released in as little as one day.
FLAT FEE TAX SERVICE – FLAT FEE TAX RELIEF 1-866-747-7435
Are you experiencing tax debt problems with the IRS? If you are, often tax debts are also owed to the state of your residence. California is one such State that collects taxes from its residents on top of what they owe to the IRS. It’s also possible to have tax debt with the California Franchise Tax Board in the absence of any debt to the IRS. Just like the IRS, owing taxes to the CA FTB is a serious matter. It’s more than helpful to know your options if you’re a taxpayer that falls into this category. Those that owe more than $10,000 should consider contacting one of our Tax Attorneys. You may benefit from a CA FTB tax debt forgiveness program. Take a look at your options below.
Options In CA FTB Tax Debt Forgiveness
California Collects Taxes Through The Franchise Tax Board (FTB)
As per current 2018 California tax law, residents that owe taxes to the FTB have 5 different options for dealing with a tax debt. Understand that not every tax relief option offers CA FTB tax debt forgiveness, but they do provide a means of settling your tax debt.
Pay the tax debt in full with Penalty Abatement if possible.
Do nothing and see what happens with collections.
Leaving all the decisions to the CA FTB and their collection pursuits is rarely, if ever, your best option. Like the IRS, the CA FTB has the power to issue tax liens that may result in property seizure as covered in the California Taxpayer’s Bill of Rights. The CA FTB will also garnish your paycheck and levy your bank account. Follow as we describe the other options in more detail.
JUST SO YOU KNOW, THE FRANCHISE TAX BOARD
IS OFTEN MORE DIFFICULT THAN THE IRS.
CA FTB Tax Debt Forgiveness – Offer In Compromise
An Offer In Compromise is the best option for FTB tax debt forgiveness. A CA FTB Offer In Compromise is an agreement between you and the CA FTB to settle the tax debt for less than the amount owed. Like the IRS, the CA FTB may accept an Offer in Compromise (OIC) if they believe it is the most they will be able to collect. You can consider it CA FTB tax debt forgiveness if your offer is accepted. They are more likely to accept an Offer In Compromise if you are older than if you are younger. We had one client who owed over $200,000 in CA FTB debt have his Offer accepted for $500. The CA FTB is going to look at your income, expenses, assets, and potential future income in their determination. If you owe more than $20,000 to the FTB it is strongly recommended to hire a tax professional to handle it for you.
PLEASE NOTE: THE CALIFORNIA FRANCHISE TAX BOARD HAS
20 YEARS TO COLLECT A TAX DEBT.
CA FTB Installment Agreements
The California Franchise Tax Board (FTB) does make Installment Agreements available to residents that owe back taxes. It’s not a form of tax forgiveness because you end up paying the full amount with interest and penalties combined. Installment Agreement requests done online are typically accepted as long as the amount owed is less than $25,000. In the online Installment Agreement request form, there is a financial disclosure section and taxpayers may propose a monthly payment amount.
Note that it is possible to make a request for a Penalty Abatement from the Franchise Tax Board. This is a form of CA FTB tax debt forgiveness, though you will have to provide good cause as to your inability to file and pay on time.
Can You File For Hardship With The CA FTB? Currently not Collectible
The CA FTB Provides A Financial Disclosure Statement On The Installment Agreement Application
The CA FTB collections department will place your account into a hardship status if you qualify. You have to prove you cannot or can barely cover your basic living expenses based on reasonable expenses. The FTB will look at your expenses and determine if they are reasonable. If so and you are barely making it at the end of the month or in the red, your account can be placed into hardship status. The information is given by providing Form FTB 3561 and the supporting documents listed at the end of it.
The CA FTB hardship (Currently not Collectible) expires one year after the date of its approval in most cases. You can resubmit before the expiration of the hardship. The FTB has 20 years to collect on a debt in most cases. Time is ticking while in hardship, but it is a long way to expire. Most people qualified for hardship have a good chance at Offer In Compromise. Talk to a tax attorney to get an accurate assessment. We provide a free consultation. Call 1-866-747-7435.
BOTTOM LINE – Offer In Compromise Is The Best Form of CA FTB Tax Debt Forgiveness
Offer In Compromise is the way to go if you qualify. The other options are there if you do not. If you don’t care to deal with the FTB alone or owe more than $10,000 in tax debt, contact one of our expert Tax Attorneys. We can’t promise CA FTB tax debt forgiveness, but we can promise that we will negotiate to secure for you the best deal legally possible.
FLAT FEE TAX SERVICE – FLAT FEE TAX RELIEF 1-866-747-7435
An Offer in Compromise is an option that you have with the IRS to settle your back income taxes. If you owe a substantial amount of money in federal taxes ($10,000 or more), you can submit an IRS settlement agreement through the Offer in Compromise program for less than your total outstanding balance and see if the IRS accepts it. Generally considered the “nuclear option” if you have a tax bill you doubt you’ll ever be able to pay off, filing an offer in compromise is a long and daunting process (an Offered settlement can take 12 months) with many confusing and seemingly contradictory requirements.
Even though the Offer in Compromise program was simplified through the Fresh Start Initiative, gathering all the necessary paperwork for an offer in compromise is incredibly time to consume as is staying on top of communications from the IRS regarding your settlement offer. However, if your income tax debt is significant and/or you are in poor shape financially, it may be worth it to take the time to submit an Offer in Compromise.
Offer in Compromise Types
First, you, the financially struggling taxpayer, need to know what type of offer in compromise you should file. There are two chief types of offers: doubt as to collectibility and doubt as to liability. Doubt of collectibility offers are made if it doesn’t look like the IRS will have any chance of collecting all or most of your outstanding balance right now or in the near future because your assets and income are outweighed by your outstanding balance. If you are filing a doubt as to liability offer in compromise, the premise for settling your back taxes is that there have been tax administration errors, and you don’t actually owe as much as the IRS says you do. Your liability isn’t supposed to exist under the current tax law, or ministerial errors were made.
An Offer in Compromise can also be made in the name of effective tax administration, where you are not arguing that tax law was correctly applied (and your balance is collectible to an extent) but that paying your outstanding taxes would cause a significant financial hardship, and the IRS isn’t going to get any money out of you as a result. For example, the value of your home could determine that your tax liability is collectible but losing your home would result in hardship.
THE ONLY TYPE OF OFFER IN COMPROMISE THAT YOU NEED TO BE CONCERNED WITH IS: DOUBT AS TO COLLECTIBILITY
Fees and Low-Income Certification
Generally, there is a $186 nonrefundable application fee when you apply for an offer in compromise. It is totally separate from any tax payments and doesn’t count toward your outstanding balance. The only exception to this is if you are submitting an offer based on doubt as to liability. The fee is also waived if you qualify for the low-income exception. If your monthly income falls at or below 250% of the poverty guidelines set by the Department of Health and Human Services, you can check off the low-income certification section of the offer in compromise form (Form 656).
FLAT FEE TAX SERVICE HAS A 95% IRS SETTLEMENT AGREEMENT SUCCESS RATE.
Eligibility and Taking Care of Unfiled Tax Returns
The IRS Tax Lawyer at Flat Fee Tax Service who is handling your IRS tax problem, will ensure that you’re eligible for an offer in compromise. If you are in open bankruptcy proceedings, you can’t make an offer.
Next, you need to make sure that you’ve filed all outstanding tax returns. The alternative is to wait for the IRS to file substitute returns on your behalf, but this frequently doesn’t have the best outcome. Substitute returns only account for the bare minimum of tax benefits and rely on data already in the system, such as W-2 and 1099’s on file, opposed to what your actual tax situation could look like. Because of this, your total outstanding tax debt could look a lot larger than it really is and make it harder for your offer to be accepted as a result.
HAVE AN EXPERIENCED IRS TAX LAWYER REPRESENT YOU.
Compiling a Personal Financial Statement
You need to prove that your income and assets are insufficient to pay your entire outstanding tax balance. IRS Form 656 has two different financial statement forms, one for individuals and businesses, with an extra section for self-employed taxpayers. This statement is incredibly exhaustive as you must provide information about your and your spouse’s employment, whether your dependents and other people living in your household contribute to the household income, household expenses, vehicles and other assets, and virtually anything else related to your ability to pay down your tax debt. You must include copies of documents such as pay stubs, car notes, student loan payments, and other proof of your expenses, income, assets, and debts to substantiate what you entered on the financial statement. If you are self-employed, you need to provide an extensive breakdown of assets used in your business as well as where your income comes from and the type of expenses you have.
The purpose of collecting so much financial information is so that the IRS can determine if you can pay your balance in a reasonably short time frame and that it doesn’t merit the other resolution options available to you such as going on a payment plan or making your account temporarily uncollectible.
Making the Offer in Compromise and Choosing a Payment Plan
Once you’ve compiled your financial statement, which should support your Offer in Compromise amount and how much you are able to pay, you then make the actual offer. The offer price should be as close to the original tax liability as possible, within reason.
You also will specify if you will make the offer in five payments or less with a lump-sum payment plan or periodic plan (typically monthly). If you are opting for the lump-sum option, your package must include a payment for 20% of the total offer amount. For periodic plans, including the first period’s payment in your package. You then need to stay current on these payment plans while waiting for the IRS to make a decision.
Waiting for the IRS to Respond
Once you submit the settlement offer and your initial payment, you must honor the payment arrangement proposed in your offer even though it will take time for you to get a response. While the IRS is processing your offer, you need to keep making these payments or else your offer will be voided. The only exception to this rule is if you meet the low-income certification guidelines.
Another important factor to consider is that while you wait for the IRS to accept or reject your offer in compromise, penalties and interest will still mount on your outstanding balance. Collection actions will be suspended, but you may still receive a federal tax lien that won’t be released until the terms of the offer have been satisfied. Because of this, if you have any outstanding installment agreements, then you don’t need to make payments on them.
If you received a notice that your offer was accepted, or two years passed from the date that the IRS received your offer, and they still didn’t respond with a decision, then your offer has been deemed acceptable. You still must keep up with the payments that you were making while waiting for a response, except that now your outstanding balance has been reduced to your offer amount. If you have any federal tax refunds for future tax years, they will also be applied to your outstanding balance.
A Returned Offer in Compromise and Rejections
A common mistake people make when submitting an offer in compromise that comes back to them is confusing it for a rejection. The IRS will sometimes send back an offer in compromise package if the information is missing. Other reasons for returning the offer package include failure to enclose the application fee or make the first payment, didn’t file the required tax returns, or didn’t pay current tax liabilities while the offer was being considered. While being in open bankruptcy proceedings generally deems you ineligible, you can still try to submit an offer in compromise, and it will just get returned instead of outright rejected.
This distinction is important because having an offer package returned to you doesn’t give you a right to an appeal. Your submission date completely resets once you’ve gathered all the missing information and/or payments and can resend your offer, starting the entire process all over again. This means that you will need to update your financial statement as well as provide new and current supporting documents.
If your Offer in Compromise is rejected, however, you will receive a formal rejection notice in the mail with detailed instructions on how to elevate your case to the IRS Office of Appeals. Your request for an appeal has to be made within 30 days from the date on this letter, or else you’ll have to start an entirely new offer from scratch. You will usually be given reasons for rejection and have the opportunity to dispute them as well as make a counteroffer for the amount you will pay over time.
Potential Consequences of Submitting an Offer in Compromise
If the IRS accepts your Offer in Compromise, you will never be able to dispute the amount in court or anywhere else. If you wind up having to file for bankruptcy after the offer has been accepted, the amount of federal taxes you owe now can’t be disputed.
If you suspect that you are going to default on a payment plan once they IRS has accepted an offer in compromise, you should contact the IRS immediately so your offer isn’t voided in the event of an emergency such as job loss, domestic violence, or health problems.
FLAT FEE TAX SERVICE – 95% OFFER IN COMPROMISE SUCCESS RATE
What should you do when you receive an IRS Notice well the short answer is to call the IRS tax professionals at Flat Fee Tax Service. Why is that? Our IRS Tax attorneys have been successfully defending taxpayers and having their tax levies stopped and tax debt settled. That’s why.
Receiving a notice from the IRS is not something most people look forward to. You may be confused as to what the notice is saying, and afraid of the possible consequences, such as owing substantial back taxes, interest, and penalties.I
There are two important things to know about most IRS notices:
1. You may have the right to challenge or appeal the action the IRS is taking, and You usually have a limited time to do so.
2. If you toss the IRS notice aside and forget about it, you may lose out on your chance to appeal an incorrect tax assessment or to stop an IRS collection action. The IRS is also much easier to deal with when you are proactive about solving your tax problems, rather than failing to respond to IRS notices and hoping for the best.
There are many different types of IRS notices, but the Notice of Deficiency and the various collection notices are two common ones that you should be aware of.
The Notice of Deficiency
The Notice of Deficiency, also known as a 90-day letter, is the last best chance to disagree with the IRS determination of additional tax due. Don’t ignore it! If you do, you will be very unhappy later.
Once you receive this notice, you have 90 days to file a petition in Tax Court. If you have any reason to believe that the IRS has made an error in computing the tax, you should contact a tax litigation attorney immediately, so you can argue your case in Tax Court.
After filing your petition, you may not need to go to court at all. Your tax attorney may be able to negotiate a settlement that eliminates some or all of the assessed tax. Even if you and your attorney decide that the IRS is likely to win their case, you can negotiate an installment plan or Offer in Compromise in order to avoid any IRS collection actions.
IRS Collection Notices
There are many different types of notices to inform you that the IRS is about to use its broad collection powers to take your assets. Some of these notices include:
If you receive any of these IRS notices, you need an IRS Tax Attorney. When the IRS sends out one of the above notices, it means that the IRS is about to—or already has—seized your property, whether it was the funds in your bank account, a portion of your wages, or something else.
IF YOU HAVE RECEIVED ANY OF THESE IRS NOTICES, YOU NEED AN IRS TAX ATTORNEY TO PROTECT YOUR RIGHTS.
You have a right to challenge these collection actions, whether they have already happened or not. In most cases, you can request a Collection Due Process hearing, but you only have 30 days to make such a request.
You may or may not be able to dispute the INCOME tax assessment at this point, but you can challenge the specific collection action being taken, and either agree to a payment plan or Offer in Compromise, either of which is preferable to having the IRS drain your bank account or garnish your wages.
CALL OUR IRS TAX HELP PHONE AT 1-866-747-7435 FOR YOUR FREE AND CONFIDENTIAL CONSULTATION.
THE TAX PROFESSIONALS AT FLAT FEE TAX SERVICE ARE LED BY AN
IRS TAX ATTORNEY WHO WORKS DIRECTLY WITH OUR CLIENTS.
The tax professionals at Flat Fee Tax Service provide valuable IRS tax debt help at a very affordable fee. Our teams are located in San Diego, CA and Clearwater, FL. It is a routine matter for our tax professionals to have an IRS wage garnishment stopped and released in one day.
If a taxpayer does not take action to remedy back tax problems, the IRS issue a levy order and an employer will be legally obligated to garnish and seize a taxpayer’s paycheck until such time that either the income tax debt is paid off or the struggling taxpayer resolves the tax debt problem in some other way.
Unlike an IRS bank levy, an IRS wage garnishment is continuous. In other words, an IRS income tax wage levy (garnishment) will not be stopped, released and removed by the IRS until such time that the tax debt is satisfied or resolved in some way.
Also, please note that states, like California, will also issue a wage garnishment to collect tax debt. In fact, the State of California Franchise Tax Board has a very proactive and aggressive program to collect any back taxes that the State of California is owed.
STOP AN IRS WAGE GARNISHMENT IN ONE DAY – 1-866-747-7435
An IRS wage levy (also called garnishment) is the inevitable result of underlying back income tax problems. The purpose and goal of Flat Fee Tax Service, Inc. are to solve a struggling taxpayer’s income tax problem, once and for all. Our team of IRS tax professionals will stop the IRS wage garnishment in one (1) day.
The big picture solution will involve the resolution of the entire income tax problem. After the IRS levy is released, stopped and removed, our client will have a tax debt that still needs to be remedied.
Many taxpayers with an income tax problem, will have unfiled missing tax returns. Our team will make sure to get the taxpayer’s back tax returns are prepared and filed right away so that the taxpayer becomes compliant (rights are restored) with the income tax laws. Our IRS Tax Attorneys will protect our client’s interests. Our clients will have reached a reasonable payment plan, be placed into Currently not Collectible status with IRS or, better yet, will reduce the income tax debt through an Offer in Compromise (IRS settlement).
If a taxpayer receives an enforcement letter from the IRS or the taxpayer’s employer informs he/she regarding a wage garnishment, it is important that Flat Fee Tax Service, Inc. be contacted immediately. You have a very short time frame (when is the next payday?) to take action to stop, release and remove aggressive IRS collection seizure. The experienced IRS tax professionals at Flat Fee Tax Service will take charge and have the IRS wage garnishment (tax levy) stopped, released and removed in 1 day.