Anthony Sykes & Company

            When it comes to paying a tax debt, dealing with the Internal Revenue Service ( IRS ) can be challenging. There are programs that are available to help in these situations. One of them is called Offer in Compromise. It allows a taxpayer to pay less than the full amount they owe when considering factors like ability to pay and income. However, an application to this program is not a guarantee of acceptance.           If the Offer in Compromise is rejected, it can be appealed. For that to be successful it must take place within 30 days of the rejection. The appeal must also be specific. There must be documentation to support each area of disagreement with the IRS . In a situation like this, it may be wise to consult a qualified tax professional .

                 In our last few posts, we have taken the time to highlight all of the details found in the Taxpayer Bill of Rights . This is the guide for how the Internal Revenue Service ( IRS ) operates. The last point is The Right to a Fair and Just Tax System .           This certainly sounds like a very difficult thing to expect, especially with how things have been going the past few years. But the basic idea is that we can expect the tax system to consider facts and circumstances that affect the ability to pay, or provide information in a timely manner. We have seen this applied the past 2 years when the individual tax filing deadline was pushed back because of COVID-19 . It was not practical to expect people to provide their tax returns at the same time as normal.           If you meet certain conditions and cannot pay your tax debt, yo...

               The Taxpayer Bill of Rights is a fundamental document that guides how the Internal Revenue Service ( IRS ) will act in all situations. All of their employees know it, so all Taxpayers should be familiar with it as well. One of them is The Right to Retain Representation .           Every Taxpayer has the right to choose an authorized person ( not all tax preparers are the same ) represent them before the IRS . If you are having the interview with them directly, tell them you want to consult your representative and they will stop questioning you. This person must be in good professional standing and not under a suspension or disbarred. They must submit a written Power of Attorney document to be able to represent you before the IRS . If your income is below a certain level, the Low Income Taxpayer Clinic can represent you for free. They are independent from the IRS even though some of th...

            The Taxpayer Bill of Rights describes how the Internal Revenue Service ( IRS ) interacts with all Taxpayers. We should be aware of the rights that we have. Among them is The Right to Confidentiality .           You should have the expectation that what you provide to the IRS will never be shared, unless authorized by you, or by law. Appropriate action will be taken against employees, return preparers, or others who wrongfully use this information. The IRS will only contact your bank or employer to try and get more information to adjust the tax you owe if it is necessary and they give advance notice. The tax communication you have with your Qualified Tax Professional is generally given the same protection as communication with an attorney. This protection is voided if the conversation is about criminal matters.

                 The Taxpayer Bill of Rights is a detailed document that outlines the rights that all taxpayers have before the Internal Revenue Service ( IRS ). We all need to be aware of them because taxes are a very personal matter. This post will discuss The Right to Privacy . This involves the expectation that all IRS inquiries, examinations, and enforcements will comply with all laws (including due process rights), be no more intrusive than necessary.           If collection measures get to the point where the IRS is seizing wages, there is a portion that will be protected from a levy. The IRS cannot seize necessary personal items. A home can only be taken by court order and they must show there is no other reasonable way to collect the tax debt. The IRS should not seek any information about your lifestyle during an audit if there is no sign you have unreported income. The taxpayer h...

            The Taxpayer Bill of Rights is a document that highlights the rights that all have when dealing with the Internal Revenue Service ( IRS ). Each taxpayer needs to know them. In our continuing discussion of them, we arrive at Number 6, The Right to Finality . This involves knowing the time available to challenge an IRS position and how long they have to start an audit or collect a debt.           The IRS usually has 3 years from the date a tax return is filed to assess additional taxes. However, that time frame becomes unlimited if the tax return is determined to be fraudulent. There is a 10 year limit to collect taxes, and that can only be extended as part of a payment agreement or a court order. If the IRS sends a notice that additional taxes must be paid, it will tell you the deadline for when you can file a petition in Tax Court to challenge. This is another way you can determine if a cri...

             The Taxpayer Bill of Rights is a fundamental document that details how the Internal Revenue Service ( IRS ) will interact with all Taxpayers. Our last post dealt with the right to challenge. In some situations, the challenge continues past the first or second level. In those cases, the right to appeal an IRS decision in an independent forum must be preserved.           There is a fair and impartial appeals process for IRS decisions. To provide for this, there is an IRS Office of Appeals . Not every appeal will qualify to go through this office. Those that do, will not be discussed with the IRS to prevent any compromise of the independent appeal process. Even with this provision, Taxpayers can usually take their cases to court if they choose.

            The Taxpayer Bill of Rights is a document that the Internal Revenue Service ( IRS ) operates by, and should be understood by all Taxpayer’s. At some point in time, many will have an issue with an IRS notification or decision about your Tax Return. This will be provided in writing. After that, there will be a period of 60 days when you have the right to challenge and be heard .           This is the time when the Taxpayer may introduce new documentation to support their position. If the objection is raised within this period of time, it will be considered. If the IRS agrees, they will make the adjustment and a notice will be sent. If they do not agree, a different notice will be sent allowing for an appeal in Tax Court. Clear documentation will be sent explaining the situation. There will never be a surprise phone call demanding immediate payment. Knowing these rights is a protection for every...

             The Taxpayer Bill of Rights are 10 fundamental rights that Taxpayers have when dealing with the Internal Revenue Service ( IRS ). Knowing these rights will improve interaction when dealing with tax matters. The third on this list is: The Right to Pay No More Than the Correct Amount of Tax .           All Taxpayers have the right to pay only what is legally due, including penalties and interest. If you receive a tax notice and believe that it is in error, you should write back to the office that sent the notice within the appropriate time frame. Providing photocopies of detailed records that support your claim would be helpful. However, keep in mind there is currently a month’s long backlog of processing mail correspondence at IRS offices. These delays can add to penalties and interest being added if there truly is a tax debt. Since these unreasonable delays are caused by the IRS that i...

          The Taxpayer Bill of Rights is a fundamental document that details should expect to interact with the Internal Revenue Service ( IRS ). We should all be aware of these rights and the IRS reminds their employees of them as well. The second of these is called The Right to Quality of Service . This refers to prompt, courteous, and professional assistance. All communication with the IRS should be clear and easily understood.           In practical terms, this means that every IRS representative should care about the quality of service that they provide. This applies to the way they listen, how they consider information, and the answer they provide. A supervisor can be requested if you have a problem. The IRS should treat you with courtesy when collecting taxes. This is one reason why aggressive phone calls threatening arrest for not paying taxes are always a scam. In general, the IRS will only conta...

             Taxpayers and Tax Professionals alike have searched for the latest information related to tax compliance this year. That is true of every Tax Season since the law changes each year, sometimes even during the year. However, the need to be informed does not stop after April or May. It is in fact, a right that all Taxpayers have.           At times there are issues with a Taxpayer’s account with the Internal Revenue Service ( IRS ) and adjustments must be made. This cannot be done in secret. The Taxpayer has the right to know what has happened and how they can comply with tax laws. They must be given clear explanations of IRS procedures and decisions. Written notices of why taxes are owed or why certain refund claims are denied will be sent.           Understanding these facts will help to protect all of us from scams and frauds claiming to be ...