Confessions of a Mad Tax Accountant #3: Dealing With The IRS

 

"Behind every successful man stands a woman and the IRS. One takes the credit, and the other takes the cash."

 

For the most part, I have no problems with the IRS. I have to protect my clients against the IRS so I consider the IRS my fierce rival. For me to say that I like the IRS would be similar to Tom Brady saying that he likes Peyton Manning during the fourth quarter of the Super Bowl. I respect the IRS but I come to win when I'm dealing with them. I don't hate the IRS but I hate some things about dealing with them. Here are some things that drive me crazy about dealing with the IRS:

1. Not being able to communicate with the IRS via email is insane! Faxing, mailing and calling is so the 80s. The IRS has to find a way to act like it is the year 2013. A lot of time spent on my IRS cases could have been reduced in half, if I was able to email correspondences.
2. Calling the IRS toll-free number is like being stuck in rush hour traffic in CHINA! There has been times that I waited over an hour to get an operator. Don't even try to call the IRS in March or April. One time, I called the IRS and went to lunch. I was still on hold when I came back from lunch.
3. Waiting for tax-exemption status approval is longer than a full season of professional baseball. I have completed many tax-exemption applications (Form 1023). The average completion time is around six months. It only takes me about a week to complete the application. However, the IRS is so understaffed that it takes forever for them to review your application. During the waiting period, I have to calm my clients down at least four times.
4. Dealing with a overworked IRS employee is like dealing with an ex-girlfriend who hates you for no reason. Some IRS agents are just plain old nasty. It is not my fault that Congress didn't approve the IRS budget so stop being mad at me for your workload!

Despite this list, I have learned that you should always treat the IRS with respect. Even if the IRS agent is Satan himself, you must treat them with respect. Don't get respect confused with fear. If you are "on-point" with your case, you have nothing to fear.

 

Next confession: Receiving CPE offer emails

 

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IRS Provides Penalty Relief to Farmers and Fishermen

Here is a word from the Goodfellas at the IRS:

IR-2013-7: IRS Provides Penalty Relief to Farmers and Fishermen‏

The Internal Revenue Service announced today that it will issue guidance in the near future to provide relief from the estimated tax penalty for farmers and fishermen unable to file and pay their 2012 taxes by the March 1 deadline due to the delayed start for filing tax returns.

The delay stems from this month’s enactment of the American Taxpayer Relief Act (ATRA). The ATRA affected several tax forms that are often filed by farmers and fishermen, including the Form 4562, Depreciation and Amortization (Including Information on Listed Property). These forms will require extensive programming and testing of IRS systems, which will delay the IRS’s ability to accept and process these forms. The IRS is providing this relief because delays in the agency’s ability to accept and process these forms may affect the ability of many farmers and fishermen to file and pay their taxes by the March 1 deadline. The relief applies to all farmers and fishermen, not only those who must file late released forms.

Normally, farmers and fishermen who choose not to make quarterly estimated tax payments are not subject to a penalty if they file their returns and pay the full amount of tax due by March 1. Under the guidance to be issued, farmers or fishermen who miss the March 1 deadline will not be subject to the penalty if they file and pay by April 15, 2013. A taxpayer qualifies as a farmer or fisherman for tax-year 2012 if at least two-thirds of the taxpayer’s total gross income was from farming or fishing in either 2011 or 2012.

Farmers and fishermen requesting this penalty waiver must attach Form 2210-F to their tax return. The form can be submitted electronically or on paper. The taxpayer’s name and identifying number should be entered at the top of the form, the waiver box (Part I, Box A) should be checked, and the rest of the form should be left blank. Forms, instructions, and other tax assistance are available on IRS.gov.

Reasons Why You Should Love Enrolled Agents: Kenneth L. Bailey, EA

Just in case you didn't know (and I will keep reminding you).... Enrolled agents (EAs) are America's Tax Experts. EAs are the only federally licensed tax practitioners who specialize in taxation and also have unlimited rights to represent taxpayers before the IRS.

Kenneth L. Bailey, EA thought you may want to know about this:

Understanding IRS Liens and Levies

There are many misunderstandings about IRS liens and levies. It is important to understand the differences between the various actions the IRS can take, and what they mean for a taxpayer.

Tax Liens - Filing liens are a normal course of business for the IRS when you owe taxes for an extended period of time. Liens are filed to protect the interest of the government. They are reflected on your credit report, and negatively affect your credit score. A tax lien is filed with your local clerk of court, and is a matter of public record. Unlike a collateral lien which entitles a lender to reposes a vehicle if you do not pay your liability, a tax lien is not against any particular piece of property that you own. A tax lien is filed against you as an individual, and "attaches" to your property. It entitles the IRS to any proceeds from the sale of attached assets such as real-estate.

Bank Levies - A bank levy is a one time action that seizes the balance of your bank account on a specific date. You only have 21 days from the date the letter was issued, or about two weeks from when you realize that your funds are missing, after considering the time it takes for mailing the levy notice and the time required by the bank to process it. It is important to contact the IRS as soon as possible and resolve your account if you wish to get the funds released. During this 21 day period, you can deposit additional funds without them being seized. The levy only freezes the balance as of the date the notice was received as well as the interest accrued on that balance during the 21 day holding period. After this period, the bank sends the funds to the IRS.

Wage Garnishments - A wage garnishment is a continuous action. It will continue to take up to 100% of your net income until it is released. Once they start taking the money, those funds are not recoverable under most circumstances, so it is important to act quickly to get them released. The Internal Revenue Manual (IRM) provides a minimum necessary amount be paid to a wage earner to afford basic living expenses. A subcontractor is treated as a business and does not hold that requirement.

Asset Seizures - In rare circumstances the IRS will seize assets such as vehicles, real-estate, or other personal property. This only happens in complex and high dollar cases. Only a Revenue Officer (collections field agent) can perform an asset seizure, not the general collection department (ACS). The IRS will only do this in rare circumstances because they are not in the business of selling property, they are much more interested in collecting cash to pay tax liabilities.

It is important to hire a competent representative to help fight for you if you owe back taxes to the IRS. Some local CPAs, EAs, and tax professionals deal with representation, however many are not very experienced in doing so. To get the best result possible, it is best to trust a company that specializes in tax negotiations and knows the rules of engagement. It is important to know that there are many bad companies in the industry that only want to take your money based on empty promises.

Who is Kenneth L. Bailey, EA?

 

Kenneth L. Bailey is an Enrolled Agent and has been working in the tax industry for over 7 years. He has previously managed a Liberty Tax Service franchise for two years, and has spent the last three years working exclusively in tax representation. He deals with clients that have IRS debt of anywhere from ten thousand to several million dollars, as well as represents clients through the audit or exam process. He knows the IRS rules and regulations, as well as how to represent clients to the highest standards in the industry. He is a member of the National Association of Enrolled Agents (NAEA), Florida Society of Enrolled Agents (FSEA), California Society of Enrolled Agents (CSEA), and National Association of Tax Professionals (NATP).

 

How can I contact Mr. Bailey?

 

If you are in a predicament with the IRS or state tax departments, contact Mr. Bailey at the National Tax Support by visiting www.Pay0Tax.com today.

National Tax Support, LLC
P.O. Box 6074
Vero Beach, FL 32961

Toll-free: 855-PAY-0-TAX (855-729-0829)
Local: (772) 242-9034
Fax: (772) 242-9033
email: Contact@NationalTaxSupport.com