Not all tax problems involve wage garnishments

written by: Joseph Waldman; article published: year 2010, month 02;

In: Root » Legal and finance » Taxes

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If you are dealing with a tax lien against your property a tax relief attorney offers you tax relief help and will work with the government to remedy the lien. Notice of Federal Tax Lien is a claim taken against property to secure that a debt will be paid. Usually to protect the governments interest a notice to the public is filed. The lien is placed on the property when a taxpayer is made aware of the debt and does not pay it within 10 days. At this point you need Federal tax relief.

The lien is filed and the taxpayer’s creditors, along with the general public, are made aware that it exists. After the tax lien has been filed the IRS must let the taxpayer know within 5 days of the filing that he or she has the right to a hearing. If at the court hearing the taxpayer disagrees with the lien, they have the privilege to contest the lien and if successful, appeal to the U.S. Tax Court or federal district court. It should be noted that this doesn’t necessarily involve wage garnishment. So you don’t have to be concerned how to stop wage garnishment at this particular time.

The tax lien is discharged when the debt is paid or time has expired on the IRS’s behalf and they can no longer enforce the lien. Once a compromise has been accepted from the taxpayer by the IRS the lien no longer exists. The taxpayer’s credit report can be affected following the release no matter what the circumstances of the discharge were.
If the following circumstances apply then the IRS could withdraw the public notice of lien:

1) If the notice was filed against the rules of administrative procedures or was filed prematurely.
2) If the withdraw would benefit both the taxpayer and the government.
3) If an installment plan has been agreed upon.

Your tax relief attorney will be familiar with the rules, criteria, and procedures followed by the IRS in declaring tax penalties. The IRS can access penalties against you for not paying your taxes, for not filing a return, as well as return related and information related violations. Actually, they total over 140 different types of penalties which they can use against you.

However, the reason they have the authority to assess this large number of penalties is to encourage the voluntary payment of taxes, to accurately prepare their tax returns, and to file them in a timely manner. On the other hand, the taxpayers also have the right to defend themselves against the IRS penalties assessed against them by being heard and possibly being eligible for being released from the penalties.

Through reasonable cause the taxpayer will have their case reassessed. All of the facts leading to the assessment will be reconsidered by the IRS If certain factors can be shown such as serious illness, death, unavailable absence, the wrong advice form a tax advisor or from the service, service error , or disastrous circumstances and if in the end the taxpayer did use care and discretion to complete their obligations to the IRS.

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