I worked as a 10 - 99 employee from 2002 - 2010 and only filed 2002 - 06 at IRS office out of fear , filing all else last year becoming compliant . But I owe roughly $ wok including P & I . I hired a " tax pro firm " to help negotiate a deal over a year ago and they did nothing but hustle me for $ k . I set up a payment plan with the state for $ 500 / month for the next 5 years based on the firms recommendation , but I haven't dealt with the IRS yet . I am currently in a job that takes taxes out , but earned over $ wok last year . And since my wife is not working and we are expecting our first child I want to finalize a deal that won't take 80s of what's left after taxes , do I qualify for a compromise and how do I go about getting a deal in place with the IRS that won't leave me homeless ? Please help
I'm terribly sorry but I don't understand what you mean by "$ wok" and "80s." In any event...
The quickest solution is to enter an Installment Agreement, which usually calls for 72 monthly payments under the current rules. Depending on how much you owe, you might be eligible for a Streamlined Installment Agreement, which is essentially a payment plan that can be set up over the phone in one day. Under the IRS's Fresh Start Initiative, a taxpayer can enter a streamlined Installment Agreement if the amount owed is under $50,000.
An Offer in Compromise may result in the lowest possible payment to the IRS, but there are too many factors to consider and it cannot be addressed here. It is impossible to say whether you could qualify for an Offer in Compromise without a lot more information. Consult a tax professional to learn more.
Penalty abatement is possible but it will take a long time for the IRS to even process the request. Without knowing more about your case, it is difficult to guess how successful a request to remove penalties will be. Interest abatement is very unlikely in this case. Interest charges are quite difficult to abate. The IRS will only remove interest charges if there has been a "managerial or ministerial" error, meaning that the IRS made some kind of a mistake or caused unreasonable delay. See generally 26 U.S.C. § 301.6402-2.
You need to speak with a licensed tax professional to be certain about which solutions are available. There are too many variables to give a clear answer based on the information you've provided so far. I know you feel you were hustled before, but the fact of the matter is that professional help is almost certainly in your best interest.
Robert Hoffman is a tax attorney licensed in California. The information presented here is general in nature and is not intended as a substitute for legal advice. This posting does not create any attorney-client relationship with the author. For competent advice about your particular situation, consult your own attorney.
4 lawyers agree
An option that you may want to consider is bankruptcy--yes under certain circumstances you can discharge (get rid of) taxes in a bankruptcy. It will depend on a variety of factors including the date you filed your taxes--which is not completely clear from the facts that you have provided.
No attorney client relationship has been created by this answer.
I agree with the other attorneys, there are too many variables, you should consult with an attorney.
Responses provided herein are generalizations and not intended to be authoritative or specific to a given situation. Such responses cannot be used by a taxpayer, for the purpose of avoiding any penalties that may be imposed by any governmental taxing authority or agency.
You have not given enough information for us to give you a complete answer. You may be eligible for an Offer. I recommend speaking with a tax attorney to discuss your options.
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