Tax Problem Resolution

Profile of a typical Tax Problem Client

Typically a procrastinator.

Probably, but not always has other debt.

May have unfilled Tax Returns.

Usually doesn’t know how much he or she owes.

Often a small business person.

Often brings records into office in a shoebox.

What we do for our Tax Clients

Figure out where they really are.

Determine how much tax and other debt they owe.

File Power of Attorney with IRS.

Separate ones for biz and for Personal

Must have each tax year or period if Payroll tax

Using Form 8821

Order Transcripts to determine.

How much IRS Says they owe.

Where IRS is with regard to collections.

What W2 and 1099 info IRS has on client.

How to obtain Transcripts

Practitioner’s Priority Service

Revenue Officer

Disclosure Office

Have client go to IRS

Transcript will show

If taxes filed

When filed

If SFR or actually filed

Date Tax assessed

Amount of tax interest and penalties

Prior Bkand dates

Whether OIC filed

SOL

If Lien filed

Assist in getting past due tax returns completed.

W2/1099 Transcripts

Best Information Return

Developing a relationship with an Accountant

Do an “analysis” of their situation and make a recommendation of how we should proceed to solve their problem.

Ch 7

Ch 13

Lien Release

IA

Abatement

OIC

Sit tight on Sol

Non collectible status

Represent the client in solving the problem.

Setting and Collecting Fees for Tax Problem Resolution Matters

The “Analysis” fee agreement

Analysis includes

Filing POA

Obtaining Transcripts

Reviewing Tax Returns

Determining Dischargability of Taxes in Bankruptcy

Review for suitability of Offer in Compromise

Analyze other options

Review with client and make recommendations

Fees charged

Analysis $500-750

Levy release $500-$750

Installment Agreement $300-500

Abatement $750-1000

OIC $5000-$7500

Appeals $500 and up

Tax Court $1500

The common denominators for several types of Tax matters, the budget and allowed expenses

Levy Release

Non Collectible Status

Installment Agreements

Offers in Compromise

The 433 Collection Information Statement

Used in most things we do

Designed to allow the IRS to collect

Listing of assets and liabilities

Income and Expenses

Allowed Expenses

The big issue in most cases

IRS will allow only these expenses in most cases

National Standard expenses

Regional Expenses

Obtain expense standards on IRS Website at:

Discussion of how to best use the standards for clients benefit

Our Allowed Expense Spreadsheet

Simple Excel spreadsheet

Used in OIC

Levy release

Non Collectible Status

Installment Agreement

11. Analysis of Bankruptcy vs. other Tax Problem Resolution

Basics of Bankruptcy Discharge

Offer in Compromise vs. Bankruptcy Discharge

12. Case Studies of Tax Problems:

The first two examples are taken from our newsletter. They represent a profile of a client that we see over and over in variations. It will be useful to examine these examples in more detail.

I

Imagine a client coming in to your office. He had a business that failed. He owes $90,000 in payroll taxes, $60,000 of tax and interest and $30,000 of penalties. He has gone to work for $3,000 a month. He is married with 2 kids. He has virtually no assets after the business failure. The rest of his debt has been paid off. He wants to know what to do.

Analysis

In this case it is clear that Bankruptcy will only provide a little help. In Chapter 13 he would be able to pay the tax and interest and discharge the penalties. He would still have to pay $60,000 through a Chapter 13. Payments would be over $1,100 per month for 60 months. He just can't afford the payments.

A much better option would be an Offer in Compromise. In an OIC he would be able to pay far less than $1,100 per month. Depending on circumstances, we would expect to have him pay no more than $200 or so per month depending on his legitimate expenses. This case is perfectly designed for an OIC.

II

In this example, imagine the same client, but his taxes are personal tax not payroll tax. The tax is $15,000 (tax and interest only) per year for 2005, 2006 2007 2008 2009 and 2010.He filed for automatic extensions of time to file his returns and they were due on October 15 of each year.The returns were filed. The IRS has filed liens.

Imagine also that he has the following assets:

House valued at $200,000 Mortgage $160,000

Car valued at $10,000 with $8,000 owed.

Analysis

If he files a Chapter 13, the years 2009 and 2010 will be priority taxes. They will have to be paid in Chapter 13. Since the IRS has filed Tax Liens, the years 2005,2006, 2007 and 2008 while dischargeable, must be paid because of the liens and the amount of equity in the property (to the extent of the equity in the property). Therefore he would have to pay $70,000 in a Chapter 13. (the Homestead Exemption does not apply against the IRS lien)

In an Offer in Compromise, the IRS would look at the value of his home and take 80% of its value as the OIC value. The same is true of the vehicle. Therefore this client would have NO ASSET VALUE in the home or car for purposes of an OIC. He would only have to pay a modest amount to settle an Offer in Compromise, under these circumstances.

The purpose of these two examples is to show you the incredible value of Offers in Compromise in settling tax liability. It is also to show you that you can provide a real service to clients by learning Tax Problem Resolution.