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Help for People Who Owe Taxes

“We need to ensure that we balance our responsibility to enforce the law with the economic realities facing many American citizens today.” “We want to go the extra mile to help taxpayers, especially those who’ve done the right thing in the past and are facing unusual hardships.” These comments were made by Internal Revenue Service Commissioner Doug Shulman in a press release issued January 6, 2009.

With many people facing financial difficulties, the IRS is taking several steps to help people who owe back taxes.

On a wide range of situations, IRS employees have flexibility to work with struggling taxpayers to assist them with their situation. Depending on the circumstances, taxpayers in hardship situations may be able to adjust payments for back taxes, avoid defaulting on payment agreements or possibly defer collection action.

There could be additional help available for these taxpayers facing unusual hardship situations.

Among the areas where the IRS is allowing its employees more flexibility in working with taxpayers include:

• Postponement of Collection Actions: IRS employees will have greater authority to suspend collection actions in certain hardship cases where taxpayers are unable to pay. This includes instances when the taxpayer has recently lost a job, is relying solely on Social Security or welfare income or is facing devastating illness or significant medical bills. If an individual has recently encountered this type of financial problem, IRS assistors may be able to suspend collection without documentation to minimize burden on the taxpayer.
  
• Added Flexibility for Missed Payments: The IRS is allowing more flexibility for previously compliant individuals in existing Installment Agreements who have difficulty making payments because of a job loss or other financial hardship. The IRS may allow a skipped payment or a reduced monthly payment amount without automatically suspending the Installment Agreement.
• Additional Review for Offers in Compromise on Home Values: An Offer in Compromise (OIC), an agreement between a taxpayer and the IRS that settles the taxpayer’s tax debt for less than the full amount owed, may be a viable option for taxpayers experiencing economic difficulties. However, the equity taxpayers have in real property can be a barrier to an OIC being accepted. With the uncertainty in the housing market, the IRS recognizes that the real-estate valuations used to assess ability to pay may not be accurate. So in instances where the accuracy of local real-estate valuations is in question or other unusual hardships exist, the IRS is creating a new second review of the information to determine if accepting an offer is appropriate.
  
• Prevention of Offer in Compromise Defaults: Taxpayers who are unable to meet the periodic payment terms of an accepted OIC will be able to contact the IRS office handling the offer for available options to help them avoid default.
  
• Expedited Levy Releases: The IRS will speed the delivery of levy releases by easing requirements on taxpayers who request expedited levy releases for hardship reasons.

Taxpayers with financial problems who discover they can’t pay when they file their 2008 tax returns also have options available. IRS.gov has a list of What If? scenarios that deal with payment and other financial problems. These scenarios, in question-and-answer format, provide information on specific actions taxpayers can take.

Virginia Increases Tax Collection Efforts

According to a recent article in the Washingon Post, Virginia is increasing its spending in its efforts to collect unpaid taxes. The state has hired 55 workers at a cost of $1.2 million while eliminating jobs in other areas and cutting core government services in its efforts to address a $2.9 billion shortfall.

According to the Virginia State Department of Taxation, as of last year taxpayers owed the state $1.4 billion: $51 million just for the past 30 days, about $284 million came due in the past year, and the rest has been delinquent for more than a year. The amounts include upaid payroll tax, unpaid income tax, and unpaid sales and excise taxes.

Of the 55 newly hired employees, 15 are collectors. So, one should expect the state to be more aggressive in its efforts to collect unpaid taxes.

What can the state government do to collect those taxes? Make phone calls to your home or business. Visit your business or your home. Revoke your business license. Ask a court to freeze your bank accounts. Petition the Internal Revenue Service (IRS) to turn over your federal tax refund.

The Sodowsky Law Firm, located in Fairfax, Virginia, helps businesses and individuals resolve unpaid federal tax and unpaid state tax issues, including tax liens, levies, and unfiled tax returns. So, if you are among those who owe the Commonwealth of Virginia a portion of that $1.4 billion, check out www.sodowskylaw.com or call us at 703.98.8000 to schedule a confidential 1/2 hour consultation.