Know Your Taxpayer Rights
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The IRS must provide a clear explanations in
any tax notice or mail inquiries and provide any additional
information if it is requested.
Basically, any notice of a tax deficiency or tax collection
action must include a simple non-technical statement of your
taxpayer rights during an IRS tax audit. Additionally, it
should contain an explanation of the IRS collection and tax
appeals procedures within the IRS itself and the tax
courts.
The IRS must collect taxes
fairly.
Because of past stories and practices, everyone fears that
his or her home will be impounded and sold to collect a tax
debt. But in reality, this rarely happens. If an IRS agent
threatens to seize your property or take some other tax
collection measure that could cause you a significant hardship,
you should apply for a Taxpayer Assistance Order.
You would file an IRS Tax Form 911 at an IRS Problem
Resolution Office in the IRS District Office where you live.
The good news is that all collection efforts are suspended
while your request is being reviewed.
The IRS MUST agree to a three (3) year
installment payment schedule if you owe $10,000 or less, not
including interest and tax penalties.
If you fall within the amount guidelines, this maybe a
good deal, but could be expensive. It’s like a 3-year car loan
and it isn’t going to be cheap if you’re at the high end of the
range. Also the IRS will not be forgiving if you
default.
Before a tax lien or tax levy can be issued
an IRS supervisors approval must be obtained.
Additionally, before the IRS may enforce a tax lien by levy,
a tax notice must be given to the taxpayer within five (5)
business days after the filing of a tax lien. This is the
NOTICE of LIEN. That tax notice must indicate the amount of tax
owed as well as an explanation of any action the IRS will take,
and the rights of the taxpayers to have a hearing within thirty
(30) days before an IRS appeals officer. The tax notice sent
MUST explain the IRS tax levy procedures; your right to have an
IRS administrative appeal; and the IRS appeal procedures. It
must also state the alternatives to the proposed tax levy such
as an installment agreement as well as the tax rules allowing
you to obtain a release of the tax lien.
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