The most important thing in preventing the IRS from tax collections actions is knowing the rules, regulations and procedures that the IRS has to comply with. There are many different rules and regulations that can be used as means to slow down revenue agents and to give you time to pursue other methods of resolving the issue.
Generally people are somewhat surprised to find out that they have outstanding tax liabilities. Perhaps they have moved around and the IRS does not know their new address. The IRS is only required to send a notice to the last known address that was submitted to them. So, most of the time our clients will come in not having known of the tax debt and the IRS is already starting to levy bank accounts or seize assets. So, the first thing that we have to do is to contact the revenue officer and question the legitimacy of the debt. We must determine whether it is truly valid or not ensure that the IRS correctly followed the rules and regulations in assessing tax liability and attempting to notify our client prior to taking collections actions.
Understanding IRS Collections Strategies
The first step in the tax collections process for a revenue agent is that they have to give notice that you owe the tax debt, they cannot just start tax collections actions. They have to give you an opportunity to appeal in the event that you have not previously had an opportunity to go through a tax appeal process, and many more. All of these rules and regulations are designed to stop the IRS in their tracks in the event that they have dome something improper such as not notifying you and ensured protection of your rights.
IRS and Franchise Tax Board Collections Actions
Before beginning tax collections but shortly after assessment, the IRS sends out a couple notices and then a final notice of intent to lien, and at that time they will file a federal tax lien. So, it's very soon after the assessment that this chain of events takes place. The exact steps of the tax collections process and order of events depends on the revenue officer or whether it's the IRS ACS (automated collection service) they will do things differently that a revenue officer. It depends on who has the case and is responsible for the tax collections.
The IRS will generally send out levies to bank accounts as a first step in tax collections actions, and they will send out levies to employers next. By the time the IRS revenue officer get the case they were not involved in the initial assessment, so they assume that the debt is valid and they will do anything in order to collect it. So, the biggest thing is if we can make a good presentation to the revenue officer to show that our client does not have the ability to pay the entire debt to begin with, or show that it wouldn't be in the best interest of the IRS to pursue tax collections, seizing and selling all of your assets. We want to convince the IRS that they should allow you to generate as much income as you possibly can in order to pay off the debt over a period of time under either an installment agreement or perhaps through an offer in compromise.
How To Stop Tax Collectors
The best way to stop tax collectors is to put together a great presentation that uses all of the facts and circumstances in order to show that you do have the financial ability to pay off the tax debt, assuming that it is a legitimate and valid tax debt and that you can pay it off over a period of time. Or that you qualify for an Offer In Compromise and you can negotiate the tax debt that way.
Experience With The IRS Collections Department
The Tax Lawyer, William D. Hartsock has been defending clients against IRS collections since the 1980's. Mr. Hartsock knows all of the local IRS revenue officers and is very familiar with their tactics and what they do throughout the tax collections process.
The Tax Lawyer Can Stop The IRS Collection Process
This tax law firm is very aggressive in representing clients before the Internal Revenue Service and Franchise Tax Board to protect the rights of clients and achieve the most favorable outcome possible from each case. For over 25 years Mr. Hartsock has been successfully putting a stop to the IRS collection process. Take the first step to stopping IRS tax collections today with a free consultation from The Tax Lawyer, William D. Hartsock.