Category: Tax Debt Resolution

News and expert advice for tax debt resolution with less hassle at the lowest cost

Differences Between RCP Type OIC and ETA OIC: Actual Negotiation Required

I recently represented a woman in her 80s who had been defrauded from most of her life savings. She was forced to liquidate her brokerage and retirement accounts, which created a large tax bill due to income and capital gains. Although she had enough left to pay the taxes, doing so would have left her financially unstable for the rest of her life.

Our only option was an Offer in Compromise (OIC) based on Effective Tax Administration (ETA OIC). A Reasonable Collection Potential (RCP) OIC wasn’t an option because she could technically afford to pay full taxes. After lengthy negotiations, the IRS settled for about half of the taxes owed. The process, however, was far more complicated and subjective than a typical RCP offer. In the end, neither my client nor the IRS was particularly happy, but it was a compromise that allowed her some financial security.

This case highlighted the key differences between an RCP OIC and an ETA OIC—especially during negotiations.

RCP Type OIC (Doubt as to Collectibility)

An RCP-type OIC is for taxpayers who cannot fully pay their tax debt. The IRS calculates its Reasonable Collection Potential (RCP) by looking at income, assets, liabilities, and living expenses. If the taxpayer’s financial situation shows they can’t afford to pay, the IRS may agree to settle for less.

RCP OIC Negotiation:

  • Numbers-Driven: The IRS relies on strict calculations to determine how much the taxpayer can afford to pay.
  • Little Room for Subjectivity: It’s about the numbers. If the offer matches the taxpayer’s RCP, it’s likely to be accepted.
  • Rigid Process: If the IRS determines taxpayers can afford to pay, they likely won’t accept a lower offer.

ETA OIC (Effective Tax Administration)

An ETA OIC is different. It’s for taxpayers who can technically pay their debt but would find it difficult to do so. In my client’s case, paying the full amount would have left her financially vulnerable for the rest of her life.

ETA OIC Negotiation:

  • Focus on Hardship: This type of offer considers personal circumstances, such as age, health, and future financial needs.
  • More Subjective: I had to argue that even though she could full-pay, it would have been unfair. This type of negotiation requires a narrative backed by facts, showing why paying the debt would be unjust.
  • Longer and More Complex: The IRS takes more time to review these cases and has more back-and-forth than RCP offers.

Key Differences in Negotiation

The main difference between an RCP OIC and an ETA OIC is the negotiation focus. With RCP offers, the numbers drive the decision. If taxpayers can’t afford to pay, the IRS will accept less. The process is straightforward and primarily based on financial data.

With an ETA OIC, it’s more about fairness. I needed to show that paying in full would cause undue hardship, even if the taxpayer could technically afford it. These negotiations are more subjective and can be drawn out as both sides work through the details.

In my client’s case, the ETA OIC allowed her to avoid full payment, giving her a chance to live out her final years with some financial peace of mind. While the process was complicated, and neither side was thrilled with the outcome, it was a fair resolution for her situation.

Understanding the Different Types of Offer-in-Compromise: A Path to Tax Relief

An Offer-in-Compromise (OIC) can be a lifeline for taxpayers with overwhelming tax debt. It lets individuals settle their tax liabilities for less than what they owe, but only if they meet specific criteria. This isn’t a free pass. The IRS closely reviews each application, considering your ability to pay, income, expenses, and assets. There are three main types of OICs: Doubt as to Collectibility, Doubt as to Liability, and Effective Tax Administration. Each one applies to different situations. Knowing which one fits your case can help improve your chances of approval.

1. Doubt as to Collectibility (DATC)

This is the most common type of OIC. It applies when you can’t afford to pay the total tax debt. The IRS looks at your income, assets, and allowable expenses to see if you can’t pay the total amount. You must provide detailed financial documents like bank statements and pay stubs to qualify. If the IRS determines that you won’t be able to pay off the debt within the remaining collection period (usually ten years), they may accept your offer for a lower amount.

Given your current financial situation, your offer must be the most the IRS could reasonably expect to collect from you.

2. Doubt as to Liability (DATL)

This type of OIC applies when you disagree with the tax debt or believe it’s incorrect. You might submit a DATL offer if you think there was a mistake in the audit process or if you have new evidence that reduces your liability.

To succeed with this offer, you’ll need robust documentation showing why the IRS’s assessment is wrong or why the amount should be lower.

3. Effective Tax Administration (ETA)

An Effective Tax Administration offer is used when paying the full tax would cause serious hardship. This type of offer is rare. It’s for people who can technically pay the debt, but doing so would leave them unable to meet basic living expenses. For example, an ETA offer might apply if you liquidated a brokerage or IRA account due to fraud and now face high taxes on top of the loss. Even though the debt is valid, the IRS may accept less if collecting the total amount would cause undue financial strain.

Conclusion

Choosing the right Offer-in-Compromise is crucial to improving your chances of acceptance. The OIC process offers a possible solution, whether you’re facing financial difficulties, disputing the tax, or dealing with hardship. Be sure to meet the eligibility requirements and provide the necessary documentation to back your case.

Defending the Schedule C “Hobby Loss” Exam

If you run a small business and report income and expenses on a Schedule C, the last thing you want is for the IRS to categorize your endeavor as a hobby. Why? Because hobby losses aren’t deductible, while business expenses are. The IRS scrutinizes businesses that consistently report losses, and if they suspect your business is more of a “hobby,” you could find yourself facing a Schedule C “Hobby Loss” examination. Here’s what to expect and how to defend your business if you’re audited.

What is a Hobby Loss Exam?

The IRS uses the “hobby loss” rule under IRC Section 183 to prevent taxpayers from deducting losses from activities that aren’t conducted to make a profit. If your business hasn’t generated a profit in three of the last five years (two out of seven for horse-related activities), the burden of proof to show your profit intent moves from the IRS to you. In that case, the IRS may challenge the legitimacy of your deductions. This triggers a “hobby loss” examination, where they’ll determine if your business is a legitimate for-profit activity.

Proving Your Business is Not a Hobby

If you’re facing a Schedule C audit, the burden of proof is on you to show that your activity is a business with a profit motive. The IRS looks at several factors, including:

  1. Business-like Manner: Do you keep accurate books, maintain separate bank accounts, and professionally conduct your activity? The more you treat your business like a serious venture, the better your chances.
  2. Time and Effort: Do you spend significant time and effort in the business, or is it more of a casual pastime? Documenting your working hours and your attempts to grow and improve the company will help bolster your case.
  3. Expertise: Do you have knowledge or expertise in the industry? Showing that you’ve sought advice, attended relevant training, or engaged with professionals in your field strengthens your claim.
  4. History of Income and Losses: While reporting losses is not unusual for new businesses, a pattern of profitability, even if sporadic, helps demonstrate intent. You don’t have to show profits every year, but consistent and serious efforts to make the business profitable are crucial.
  5. Appreciation of Assets: If your activity involves assets that appreciate over time (like real estate or collectibles), it suggests a potential for profit, even if income isn’t immediately apparent.

Preparing for the Exam

Gather and organize your financial records if you receive notice of a Schedule C exam. Documentation like receipts, invoices, contracts, and tax returns are essential. In addition, prepare a narrative that explains your efforts to make a profit, any challenges faced, and your future business plans. It’s also helpful to work with a tax professional experienced in defending hobby loss exams, as they can provide guidance on specific documentation the IRS may request.

Conclusion

While facing a Schedule C “Hobby Loss” exam can be stressful, being proactive and organized in demonstrating your profit motive can turn things in your favor. By treating your business seriously and documenting your efforts, you can defend your deductions and keep your tax bill in check.

How Best to Utilize IRS Collection Appeals

Knowing how to use the IRS Collection Appeals Process (CAP) can help protect your rights if you’re facing IRS collection actions like levies or liens. CAP lets taxpayers challenge IRS enforcement actions. It may also delay or prevent those actions while your case is reviewed. Here’s a guide on how to make the most of IRS Collection Appeals:

What is the IRS Collection Appeals Program (CAP)?

The Collection Appeals Program (CAP) lets taxpayers appeal IRS collection actions. CAP covers liens, levies, installment agreements, and property seizures. It’s faster than other appeal processes, often resolving cases within five days.

When to Use CAP

There are several situations where CAP can help:

  • Lien Filings: If the IRS places a lien on your property, you can appeal it through CAP. This gives you time to devise another solution, like an Installment Agreement.
  • Levies: If the IRS plans to seize your wages or bank accounts, you can file a CAP appeal to stop or reverse the levy.
  • Installment Agreement Rejection: If your request for an installment agreement is denied or an existing one is modified or terminated, you can appeal through CAP. This is useful if the IRS is misjudging your ability to pay.
  • Seizure of Property: If the IRS is about to seize your property, CAP can force the IRS to reconsider before taking your assets.

How to File a CAP Appeal

To file a CAP appeal, complete Form 9423 (Collection Appeal Request). Send it to the IRS office that took the collection action. File your appeal quickly since you can only request a hearing before the action occurs—except for liens and levies, which you can appeal after they happen.

Tips for Success

  • Act Quickly: The CAP process is fast. File your appeal as soon as you receive notice of a collection action. Once the action occurs, you have fewer options.
  • Provide Strong Documentation: Support your appeal with financial documents, hardship information, or reasons for unfair action. This can boost your chances of success.
  • Seek Professional Help: Consider working with a tax professional experienced in IRS appeals for complex situations. They can help present your case effectively.

Conclusion

The IRS Collection Appeals Process can stop aggressive collection actions. You can potentially reverse liens, levies, and more by acting quickly, filing an appeal, and providing solid documentation. Getting professional help can also improve your chances of a successful outcome for tricky cases.

Exploring the Taxpayer Advocate Service: A Lifeline for Taxpayers

Dealing with the IRS can be frustrating, especially when problems aren’t resolved through normal channels. The Taxpayer Advocate Service (TAS) is here to help when things go wrong. But when should you turn to TAS? Here are key situations where they can make a difference:

1. Financial Hardship or Imminent Adverse Action

TAS can intervene if an IRS action, like a lien or levy, is causing you severe financial distress or facing an immediate threat of a levy or seizure. They can work to resolve the issue quickly or delay the action while your case is reviewed.

2. Unresolved Issues Despite Repeated Attempts

If you’ve tried multiple times to fix a tax problem but keep hitting a wall, TAS can help. TAS can break through the red tape, whether it’s a persistent error or communication breakdown.

3. Unreasonable Delays

If the IRS takes too long to address your issue, causing hardship, TAS can intervene. They can push the IRS to prioritize your case and prevent further complications.

4. Incorrect Interpretation of Tax Law

If you believe the IRS misinterprets tax law or its procedures, TAS can help challenge this. They ensure the law is applied correctly, so you aren’t unfairly penalized.

Conclusion

TAS is there when standard IRS processes fail. Whether it’s financial hardship, delays, or incorrect application of the law, TAS provides the help you need. If you’re stuck with an unresolved tax issue, contacting TAS could be your best step toward a fair resolution.

What is an “Equivalent Hearing”?

When dealing with IRS collection actions, it’s crucial to know your options for appealing or disputing those actions. One such option is a Collection Due Process (CDP) hearing. But what happens if you miss the 30-day deadline to request a CDP hearing? Fortunately, the IRS offers another option known as an “Equivalent Hearing.” Let’s explore what an Equivalent Hearing is, how it works, and how it can still provide valuable opportunities to resolve your tax issue.

Understanding the Equivalent Hearing

An Equivalent Hearing is similar to a CDP hearing but is available if you miss the 30-day deadline to request a CDP hearing. You can request an Equivalent Hearing within one year of receiving either a Final Notice of Intent to Levy or a Notice of Federal Tax Lien. Although an Equivalent Hearing doesn’t offer all the same protections as a CDP hearing, it still provides a formal process to appeal IRS collection actions.

Key Differences Between CDP and Equivalent Hearings

While an Equivalent Hearing closely resembles a CDP hearing, there are important distinctions:

  1. No Automatic Halt to Collection Actions: Unlike a CDP hearing, an Equivalent Hearing does not automatically stop IRS collection actions, such as levies or liens. The IRS can continue pursuing collection activities while your case is being reviewed.
  2. No Access to Tax Court: One of the biggest drawbacks of an Equivalent Hearing is that it doesn’t preserve your right to take the case to U.S. Tax Court if you disagree with the outcome. This limits your legal options if the decision doesn’t go in your favor.
  3. Timing: As mentioned earlier, you have 30 days to request a CDP hearing from the date of the IRS notice. For an Equivalent Hearing, you have up to one year to make the request. This extended window gives you more time if you initially missed the CDP deadline.

Why Request an Equivalent Hearing?

Even though an Equivalent Hearing lacks some of the protections of a CDP hearing, it’s still a valuable opportunity. You can present your case to an independent Appeals officer who will review the IRS’s proposed actions and consider any alternative resolutions you propose. You might be able to negotiate an installment agreement, Offer in Compromise, or Currently Not Collectible (CNC) status.

In addition, an Equivalent Hearing allows you to raise similar arguments that you would in a CDP hearing. You can dispute the validity of the IRS’s actions or demonstrate why their collection methods would cause financial hardship.

How to Request an Equivalent Hearing

To request an Equivalent Hearing, you must file Form 12153, the same form used for a CDP hearing. Be sure to indicate on the form that you request an Equivalent Hearing. After submitting the form, you’ll work with an Appeals officer to review your case, discuss your options, and possibly reach a resolution.

Final Thoughts

An Equivalent Hearing is a useful backup option if you miss the deadline for a CDP hearing. Although it doesn’t automatically stop collection actions or provide access to the Tax Court, it still allows you to challenge the IRS and propose alternative solutions. If you’ve received a notice and missed the 30-day window for a CDP hearing, don’t lose hope—an Equivalent Hearing can still be a valuable tool in resolving your tax issue.

The Benefits of a Collection Due Process Hearing

If you’ve received a notice from the IRS about a lien or levy, you might feel overwhelmed and unsure of what to do next. Luckily, the IRS offers a key safeguard called a Collection Due Process (CDP) hearing. This hearing lets you appeal actions like liens, levies, or a denied installment agreement. Let’s explore how a CDP hearing can benefit you and help you manage your tax situation.

What is a Collection Due Process (CDP) Hearing?

A CDP hearing is a formal process where you can challenge the IRS’s proposed collection actions. You can request a CDP hearing after getting certain notices, such as a Final Notice of Intent to Levy or a Notice of Federal Tax Lien. Once you receive one of these notices, you have 30 days to file a request using Form 12153. During this time, the IRS typically pauses most collection actions. This pause gives you valuable time to figure out a solution while your case is under review.

Key Benefits of a CDP Hearing

Halt to Collection Actions

One of the biggest benefits of requesting a CDP hearing is that it stops IRS collection efforts. Once you submit your request, the IRS generally can’t proceed with liens, levies, or garnishments while your case is being reviewed. This break gives you extra time to work on a resolution without fearing your assets being seized.

A Fair Review by an Independent Officer

Your case is handled by an Appeals officer who wasn’t involved in the original decision. This independent officer reviews the facts, listens to your side, and determines whether the IRS’s actions are justified. A fresh perspective often leads to more reasonable solutions that the original enforcement team may have overlooked.

Explore Alternative Resolutions

A CDP hearing isn’t just about disputing the collection action. It’s also a chance to propose alternative solutions. You can request options like an installment agreement, Offer in Compromise, or Currently Not Collectible (CNC) status. The Appeals officer can decide if these alternatives fit your financial situation, giving you a key opportunity to negotiate better terms for settling your tax debt.

Preservation of Your Rights to Appeal in Tax Court

If you’re unhappy with the outcome of your CDP hearing, you still have the right to take your case to the U.S. Tax Court. This extra layer of protection ensures you have every chance to argue your case and seek relief. The CDP process is one of the few pathways that preserves this important right.

Preparing for a CDP Hearing

Preparation is key to achieving the best outcome. Gather all relevant documents and be ready to explain why the IRS’s actions are too harsh or unnecessary. If you’re proposing an alternative resolution, like an installment agreement or Offer in Compromise, ensure you have detailed financial records to support your proposal.

Final Thoughts

A Collection Due Process hearing is a powerful option for taxpayers facing aggressive collection actions. It gives you time to find a solution and ensures that an independent officer reviews your case fairly. By taking advantage of this process, you can avoid severe actions like levies and liens while working toward a manageable resolution with the IRS. If you receive a notice qualifying you for a CDP hearing, don’t miss out on this chance to protect your rights and explore better options for resolving your tax debt.

Collection Appeals: Why You Must File Your CDP Request

When the IRS sends you a notice about a lien or levy, time is of the essence. You have only 30 days to file a Collection Due Process (CDP) request. Missing this deadline can lead to serious consequences. You could lose protections and your chance to challenge the IRS’s actions. Here’s why it’s crucial to file your CDP request on time.

1. Immediate Protection from IRS Actions

Filing your CDP request forces the IRS to pause collection actions. This includes levies on your bank account or wages. This pause gives you time to address your tax situation. Without it, the IRS can seize your assets. However, this protection only applies if you file within the 30-day window. Miss the deadline, and the IRS can move forward with their plans.

2. Your Right to Be Heard

A CDP hearing is your chance to present your case. You’ll meet with an independent Appeals Officer who wasn’t involved in the initial decision. This is your opportunity to explain why the IRS’s actions are unfair. You can suggest alternative solutions or dispute the tax debt itself. But you only get this chance if you file your CDP request on time.

3. Negotiating Better Terms

The hearing also lets you negotiate more favorable terms. You might secure an installment agreement or an Offer in Compromise. If you’re struggling financially, you can request temporary relief. The hearing is your opportunity to discuss these options. But to negotiate, you must file your CDP request promptly.

4. Preventing Further Financial Damage

Ignoring the IRS’s notice won’t make the problem disappear. If you don’t file a CDP request, the IRS can continue its collection actions. This could lead to severe financial consequences, like extra penalties, interest, and the loss of assets. Filing your CDP request is a critical step in protecting yourself from these outcomes.

5. Preserving Your Legal Rights

Filing a CDP request also keeps your right to take your case to court. If you don’t agree with the outcome of the hearing, you can appeal in the U.S. Tax Court. This legal option is only available if you file on time. Miss the deadline, and you lose this important right.

Act Now—Don’t Miss the Deadline

If you miss the 30-day deadline to request a Collection Due Process (CDP) hearing but file within one year, you can still request an “Equivalent Hearing.” This allows you to present your case and discuss your situation with the IRS. However, unlike a timely CDP hearing, an Equivalent Hearing does not automatically stop collection actions, and you lose the right to appeal the decision in the U.S. Tax Court. While you can still negotiate payment arrangements or alternative resolutions, the absence of judicial review and other protections means acting within the initial 30-day window is crucial whenever possible.

Understanding Common IRS Problems and How a Representative Can Help

Navigating the complexities of IRS issues can be daunting for individuals and businesses. The challenges are numerous, from receiving unexpected notices to dealing with hefty tax bills. Fortunately, IRS representatives can provide valuable assistance in resolving these issues. Here, we’ll explore some of the most common IRS problems and how a representative can help alleviate them.

1. Unfiled Tax Returns

Unfiled tax returns are a significant problem that can lead to severe penalties, interest charges, and even criminal prosecution in extreme cases. Many individuals and businesses fall behind on their tax filings due to various reasons such as personal emergencies, financial difficulties, or simple oversight. An IRS representative can help by:

  • Analyzing your tax situation to determine which returns are missing.
  • Gathering necessary documentation and information to prepare the delinquent returns.
  • Communicating with the IRS to negotiate a manageable resolution plan.
2. Large Tax Bills

Owing money to the IRS is a common issue that can result in wage garnishments, bank levies, and tax liens. Taxpayers often struggle to pay off their tax debt due to financial constraints. A representative can assist by:

  • Assessing your financial situation to determine the best course of action.
  • Helping you apply for an Installment Agreement to pay off your debt in manageable monthly payments.
  • Exploring eligibility for an Offer in Compromise, which allows you to settle your tax debt for less than the full amount owed if you meet certain criteria.
3. Audits and Examinations

Receiving an audit notice from the IRS can be intimidating. Audits can be triggered by various factors, including discrepancies in reported income, unusually high deductions, or random selection. An IRS representative can:

  • Provide guidance on what documentation and information you need to prepare.
  • Represent you during the audit, communicating with the IRS on your behalf.
  • Help you understand and respond to IRS findings, ensuring your rights are protected.
4. Penalties and Interest

The IRS imposes penalties and interest for various reasons, including late filings, late payments, and underreporting of income. These additional charges can quickly add up, making an already challenging situation worse. A representative can:

  • Review the reasons for the penalties and determine if any can be abated or reduced.
  • Help you file a reasonable cause request to have penalties removed if you have a valid reason for not complying with tax obligations.
  • Assist in negotiating payment plans that include provisions for reducing interest accruals.
5. Innocent Spouse Relief

Spouses who file joint returns are jointly and severally liable for any tax debt. However, if one spouse is unaware of errors or omissions made by the other, they may qualify for Innocent Spouse Relief. An IRS representative can:

  • Evaluate your situation to determine if you qualify for Innocent Spouse Relief.
  • Help you gather and present evidence to support your claim.
  • Guide you through the application process, ensuring all necessary documentation is submitted.
Conclusion

Dealing with IRS problems can be stressful and complicated, but you don’t have to face them alone. IRS representatives have the expertise to navigate the intricate tax laws and procedures, helping you find the best possible resolution for your situation. Whether it’s filing overdue returns, negotiating tax debt settlements, or representing you in an audit, a representative can provide the support and guidance you need to resolve your IRS issues efficiently and effectively.

Strategic Strategies to Dealing with IRS Debt Requires Strategic Timing

When facing potential tax issues with the IRS, developing your strategy as early as possible is crucial. Proactive planning can help you avoid the intense pressure from enforced collection actions, such as levies. But how much time is considered strategic timing? At least three months are needed to implement key strategies that can help manipulate the Reasonable Collection Potential (RCP) formula to your advantage. The IRS uses the RCP formula to determine how much they can reasonably expect to collect from you, considering your income, expenses, and assets. Here are some steps to take early on:

  1. Catching Up on Allowable Expenses

One essential strategy is ensuring you’re up-to-date on payments for allowable expenses like child support and student loans. These payments are considered necessary living expenses by the IRS and can reduce your disposable income, which in turn lowers your Reasonable Collection Potential (RCP). The IRS looks for a history of making these payments before including them in the RCP formula, which is why establishing a consistent payment record for at least three months is crucial.

  1. Replacing an Old Car

If you’re driving an old, unreliable car, consider replacing it with a new or more reliable vehicle. The IRS allows for a reasonable vehicle expense as part of necessary living costs. By purchasing a new car before engaging with the IRS, you can ensure that this significant expense is factored into your financial analysis. This step not only improves your daily life but also strategically reduces the amount the IRS considers available to pay off your tax debt.

  1. Signing Up for Life and Disability Insurance

These types of insurance are considered allowable expenses by the IRS and can also reduce your RCP. The IRS will look for at least three months of payments before it includes them in the formula.

  1. Maintaining Records and Documentation

To effectively present your case to the IRS, it’s essential to maintain thorough records and documentation of all allowable expenses. This includes keeping receipts, payment records, and contracts related to child support, vehicle purchases, and insurance policies. Early preparation of these documents will make it easier to substantiate your claims and negotiate with the IRS.

Conclusion

Getting your strategy down early is crucial for negotiating the best deal possible with IRS Collections. Time is the magic ingredient that makes this happen. By proactively managing your allowable expenses, documenting necessary costs, and making strategic financial decisions at least three months ahead, you position yourself for a more favorable resolution. Don’t wait for the IRS to apply pressure—start your strategy planning today to take control of your tax situation.