Richard A. Lindsey, CPA

Lindsey & Waldo, LLC – Certified Public Accountants

  • Mar 17

    Inevitably, the question I get asked when I work with people dealing with severe IRS problems is “Can you keep me out of jail?” It’s one of the big fears about finally facing up to and doing something about the problem.

    Not filing your tax returns IS considered a crime. You CAN go to jail if you have not filed your tax returns OR if you’ve filed them inaccurately. You can receive one year of prison time for each year of unfiled returns and procrastinating just increases the chances of going to jail.

    The IRS doesn’t take kindly to non-filers they have to chase down. And believe me, they will eventually chase you down. Just because it’s been a few years since you’ve filed and nothing has happened, doesn’t mean you’ve slipped through the cracks. People rarely slip through the cracks. Why go through life looking over your shoulder wondering when the other shoe is going to drop, when the IRS is finally going to catch up with you and demand their money? Life’s too short to live that way.

    Even if it’s been years since you filed returns, you can still avoid prison. The more willing you are to face up to your situation and seek a solution, the more likely the IRS is to work with you. The IRS doesn’t seek to put anyone in jail that voluntarily comes forward and files old returns.

    Owing the IRS money IS NOT considered a crime. The IRS cannot send you to jail for owing money, if you’ve accurately filed your tax returns. But, don’t pop the bubbly just yet. Although jail time is arguably the worst thing that can happen, it’s not the only punishment that the IRS can deliver. By not facing your IRS debt and taking action, you could be staring into the ugly eyes of…

    • wage garnishments;
    • seizure of your car, house, or boat;
    • seizure of your bank account;
    • seizure of other real estate;
    • seizure of your Social Security benefits, 401(k)s, and IRAs;
    • seizure of cash loan value of your life insurance; and
    • seizure of commissions owed to you.

    If you have filed your tax returns accurately but can’t afford to pay the taxes owed, there are ways to pay your debt and avoid those nasty consequences listed above. But, it’s a bad idea to go it alone. Walking into an IRS office and trying to work out a deal is a recipe for disaster. It’s too easy for them to get you to say something you’ll regret later. Seek out a qualified professional you can trust.

  • Jul 21

    NOTICE OF INTENT TO LEVY.

    Admittedly, it’s an intention-grabbing way to start a letter, especially when the return address says Internal Revenue Service. And grab Greg’s attention, it did.

    The Athens, Georgia, veteran said the notice, which arrived earlier this year, cited taxes on three months of income he had failed to include on his 2013 tax return – and this was the first he’d heard of it.

    After leaving the military, then 27-year-old Greg, had taken a job in information technology. “I guess when I filled out my taxes for 2013 I messed something up, so I didn’t get my private sector job included into the taxes owed,” he said. Now he owed the IRS more than $1,700.

    The IRS doesn’t keep track of how many millennials incur tax debt, but a survey by NerdWallet found that they are more afraid of filing their taxes than any other generation. 80% of millennials, defined by the survey as 18 to 34-year-olds, fear they will make a mistake, underpaying or overpaying.

    Millennials are generally financially inexperienced and, increasingly, part of a gig economy—driving for Uber, YouTube ad sales,–that requires more care with their taxes than some are able, or willing, to take. For example, people who work in contract jobs typically don’t have any taxes withheld and need to set up estimated tax payments on their own.

    While 38% of all taxpayers will seek help from a tax pro, fewer than 10% of millennials go to the IRS when they have a tax question, and only about a quarter seek help from a tax professional, the survey found. Instead, they tend to turn to a largely unreliable, if well-meaning, group—friends and family. Millennial taxpayers in particular bemoan the long wait times on the phone with the IRS and the agency’s weird penchant for mail (like, so yesterday).

    If the multiple letters from the IRS urging debtors to set up payment plans are ignored, the IRS will use its resources to grab whatever resources debtors have. If you don’t contact them, the IRS will take action to collect the taxes.

    Someone facing a tax bill that can’t pay can usually set up a payment agreement online. No contact with the IRS necessary.

  • Apr 1

    Each year, more than 26 million people – about 1 in 6 – show a balance due on their tax return. Many of those people can’t pay the amount due all at once. Here are 15 things you need to know about IRS collections before and after you file.

    1. File the return before the due date. I know it may not seem like the thing to do – after all, why tell the IRS you owe them money before you can pay it? It’s tempting to ignore the problem and just not file. But that would only make matters worse. Not filing can mean a very expensive failure-to-file penalty that can add 25% to the balance due. Remember also, an extension is an extension of the time to file, NOT an extension of the time to pay.
    2. The IRS has 10 years to collect. The law grants the IRS a 10-year statute of limitations to collect taxes. For this reason, they are reluctant to agree to payment arrangements that don’t pay the tax owed during that time, or, if they do, are going to require detailed financial statements and other documentation to prove you don’t have the assets or income to pay the debt.
    3. Set up a payment agreement with the IRS. Depending on the circumstances, the IRS can and will file a tax lien to collect money you owe but haven’t paid. The only way to avoid this enforced collection action is to get a payment agreement in place.
    4. There are options available. There are several types of payment agreements with the IRS. The installment agreement is the most common, but it’s also possible to get an extension of up to 120 days just for the asking. In hardship situations, (as determined by the IRS) the IRS may defer collection of your balance under their “currently not collectible” program, or, in rarer circumstances, settle your debt for less than the amount you owe (called an Offer in Compromise).
    5. Most agreements can be made online at IRS.gov. There have been improvements to the online payment arrangement tools at www.IRS.gov. In fact, usage quadrupled in 2015 over 2014. That’s probably because it’s a whole lot easier, and quicker, to do it online than waiting on the phone, or heaven forbid, the U.S. mail.
    6. Some agreements come with a federal tax lien. Extensions to pay and installment agreements are, if set up before the IRS begins collection activity, a sure-fire way to avoid a tax lien. However, if you owe more than $50,000 or you owe more than $410,000 and can’t pay within six years, the IRS will usually file a tax lien. Once the balance is paid off, you can have the lien removed.
    7. You must file all required returns to establish an IRS agreement. Before the IRS enters into an agreement it will require all tax returns for the past six years to be filed. You won’t get one without it.
    8. Use the streamlined installment agreement to get the best terms. The streamlined installment agreement usually comes with the best terms. With balances less than $50,000, you can make equal monthly payments for up to 72 months. If you owe more than that, the IRS will determine the payment based on your income and IRS-allowed expenses. This can create a much higher monthly payment.
    9. Set up direct debit to avoid default. Missed payments result in ugly letters from the IRS, additional fees to reinstate the installment agreement, or, worst case scenario, the installment agreement becoming immediately due and payable. Taxpayers who pay by check are three times more likely to default on their agreement. Direct debit agreements also have a lower set up fee, $52 versus the $120 fee for payment by check.
    10. Avoid defaulting on the agreement. Default can occur when you have a balance due the next year that you don’t have the money to pay. This often occurs because the taxpayer hasn’t made the necessary estimated tax payments or need to increase their withholding. The IRS will charge you a $50 reinstatement fee.
    11. You won’t get any refunds until the balance is paid in full. The IRS will always take any future overpayments and apply them to the installment agreement. Enough said?
    12. Interest and penalties continue as long as the agreement is in place. The IRS currently charges a 3% interest rate on underpayments. Even with an installment agreement, the failure-to-pay penalty is 0.25% per month, or 3% per year. So, in addition to the set up fee, the cost of an installment agreement is about 6% of the balance owed per year.
    13. Don’t forget to request penalty abatement. Failure-to-pay penalties have continued to accrue for the life of the installment agreement. Towards the end of the agreement, if you have a clean three-year compliance history, you can use the first-time abatement procedures to request a forgiveness of the penalties paid for one tax period.
    14. No agreement may mean no passport. Congress passed a law in late 2015 that allows the U. S. State Department to revoke or deny passports to those who owe more than $50,000 to the IRS, and are not in a payment agreement.
    15. An offer-in-compromise may be possible in desperate circumstances. Offers-in-compromise are an over publicized by late night TV arrangement where the IRS forgives some portion of your tax debt. In my experience, they loathe to do it. Their first position is always that you have some assets you can sell, or you have the ability to earn some money in the future that belongs to them. Nevertheless, if you are one of the unfortunate, rare individuals that fit the IRS criteria, you shouldn’t ignore this avenue.

    It’s not unusual for a taxpayer to file and owe. If you owe the IRS and can’t pay, you can look to us for help.

  • Oct 17

    Have you heard the saying, “if it sounds too good to be true it probably is.”? Have you seen the ads on television telling you that you can pay the IRS a fraction of what you really owe in taxes? Does that sound too good to be true? Guess what. It is! The Federal Trade Commission has shut down several of these “IRS tax resolution service” companies including American Tax Relief, LLC; TaxMasters; and JK Harris. You may have seen the ads on television yourself. The FTC froze millions of dollars in assets held by American Tax Relief, LLC and its owners. The company allegedly made false claims to thousands of consumers telling them that the company could reduce their tax debt.

    The recent settlement between the FTC and American Tax Relief, LLC will allow the FTC to mail more than $16 million to 18,571 consumers who had paid money to the company in hopes of reducing tax debt. That is approximately $862 to each consumer. This represents, according to the Federal Trade Commission, 16% of the amount they lost. To put it another way, we can also say that each consumer paid about $5,400 to this company in an effort to reduce tax debt.

    If you owe the IRS money and need help, a reputable attorney or certified public account is the best, dare I say only, solution. You do have options and we can work out installment agreements that are manageable and keep the IRS from levying property or earnings. An offer-in-compromise may be another option. This is an offer to pay an amount to the IRS to satisfy the entire tax debt. This is a great option, however the paperwork is difficult and recently the IRS has not been accepting as many of these offer-in- compromises as we would like. We can help you decide what option is best for you, given your financial circumstances.

  • Jun 26

    Once you have prepared your return, it is often a shock to discover you owe taxes. It could be because during the tax year, you were divorced, your child no longer qualifies as your dependent, or you simply did not have enough withheld from your income. Whatever the reason, those taxes must be paid soon. If you weren’t expecting it, it could be a burden.

    So, how do you take care of it if you can’t simply write the check? The IRS has service providers that will accept credit and debit card payments. These service providers charge an average of $3.75 convenience fee for debit cards and 2.25% fee for credit cards. These fees, however, are less than the penalties and interest the IRS will charge for non-payment or late payment.

    The IRS also has an Installment Agreement that you can set up with them if your tax liability is less than $50,000. The fee for setting up the agreement is $52 if you agree to direct debit and $105 for a standard agreement or payroll deduction. There is no requirement as to the minimum amount you can pay, but the sooner you can pay the better, as penalties and interest accrue while you are paying.

    As a last resort, the IRS has available what is called an “Offer in Compromise.” This allows you to settle your tax debt for less than the entire amount you owe. (I know you’ve seen the TV commercials.) The IRS will consider your unique set of facts such as ability to pay, income and expenses, and assets. There is an application fee of $150 and Form 656 must be completed. Not everyone will qualify, including those in an open bankruptcy. This is a cumbersome process that does not happen quickly.

    For an Installment Agreement or Offer In Compromise to be considered, all filings must be and remain current. Information on the above options is available at www.irs.gov or by calling us at 251-633-4070 for more information.