CA FTB Tax Debt Forgiveness | California State Tax Debt | Flat Fee Tax Service

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.

  1. Offer In Compromise.
  2. Installment Agreement with Penalty Abatement if possible.
  3. Hardship Status.
  4. Pay the tax debt in full with Penalty Abatement if possible.
  5. 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.

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California State Bank Levy | Tax Garnishment | Flat Fee Tax Service

California Franchise Tax Board (FTB) Bank Levy – How To Release And Resolve

The State of California is broke. Everyone knows this fact. The California Franchise Tax Board is very aggressive and very tough to negotiate with. We do not recommend you “go it alone.”

A California Franchise Tax Board bank levy (also wage levy) is a legal action by the State of California where funds are taken from a bank account (also your paycheck) of a tax debtor for back due tax debts. This state tax levy is called an “Order To Withhold,” FTB bank levies are difficult to release and in most situations a release is not possible especially if you are attempting to do so on your own.. If you have received a bank levy or wage levy, you should still proceed immediately on resolving your case as other collection action may be in the works.

When Is A California Franchise Tax Board Bank Levy Issued?

Tax Levies are issued to bank accounts after a final notice to the taxpayer is sent requesting them to resolve the balance and no contact or arrangements are made. Time beyond what is stated in the letter can be granted if you or your tax attorney call in to resolve the case. Doing nothing almost always eventually results in a levy on any bank account at a bank for which you have received a 1099. Often a California Franchise Tax Board lien has gets filed if it already is not on file.

Take immediate action on the debt on your own or hire a tax attorney to get things going. Otherwise you risk a FTB bank levy or wage levy. The best way to take action is to resolve the tax debt, which prevents the tax levy from happening in the first place.

Stopping A California FTB Bank Levy Before It Starts

A California Franchise Tax Board (FTB) bank levy is stopped when your case is resolved or pending resolution. Collection action is not stopped by filing an Offer In Compromise in all cases, but it is in most.

The four most common ways to resolve a balance with the FTB are:

An FTB Offer in Compromise is considered the best form of California tax forgiveness, but not everyone will qualify. A California Franchise Tax Board (FTB) bank levy or wage levy will not be issued if any of the other options is in place.

California Franchise Tax Board Levied My Bank Account! What Do I Do?

Release the Tax Levy, If Possible

Releasing the tax levy is very difficult. The majority of cases result in seizure of funds. The FTB issues an Order to Withhold. The bank holds funds for 10 days before being transferred over to the FTB. An extension on the FTB taking the money  can be issued by an FTB agent if you contact them and are dealing with them to try and get it released. The same holds true if your wages are levied.

There are three main ways to release a California Franchise Tax Board bank levy:

  • Prove a financial hardship (Currently not Collectible)
  • Show that the money belonged to someone else
  • Show that the tax levy took funds that are exempt from the tax levy
  • Prove another extraordinary circumstance

Proving Financial Hardship for A

FTB Bank Levy Release

Releasing an FTB bank levy by financial hardship is tough. Being elderly helps in this type of argument for a California Franchise Tax Board bank levy release as well. Eviction notices can help build your case as well. Financial hardship is tough to prove on your own. Even though you may qualify for a 12 month hardship on your case, this does not mean you are in hardship enough for them to release your bank levy every time. Do not wait until you get a better job or have more money to contact the FTB. You could get levied in the process.

The Money Is Not Mine! Release My Bank Levy!

A tax attorney holding money in trust for clients would get a release. Your grandma accidentally deposited her money into your bank. Prove it and that would get a release usually. In order to get this kind of FTB bank levy release you need good proof in the form of documentation. An explanation by itself is not going to work.

Exempt Funds From California Franchise Tax Board Bank Levies

Social Security income and veterans’ benefits are exempt from FTB levies.The funds can be released if they are levied by you or your tax attorney contacting the FTB. Other forms of public assistance are usually exempt as well. This is the easiest type of FTB bank levy release to get.

Other Extraordinary Circumstances for FTB Bank Levy Release

FTB bank levies can be released, but you must prove an extraordinary circumstance that makes sense to the FTB agent handling the case. Don’t count on the FTB agent accepting anything here.

The First Levy Won’t Be The Last If You Do Nothing

Get to resolving your case or hire a tax attorney to handle it for you once you receive a California Franchise Tax Board bank levy. Receiving the levy is a sign that your case is deep in collections. Do not plan on getting the levy funds back, but it might be possible. If you do it is a bonus.

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