Do You Have Unfiled Tax Returns?

Gain Peace of Mind – No Matter How Late You Are

People fail to file their tax returns for all sorts of reasons. Regardless, failing to file your tax returns is a criminal offense. Citizens who do not file can be prosecuted and punished with potential jail time, one year for each year not filed. Why risk potentially losing your freedom for failing to file your tax returns!
Sometimes the IRS will file returns for you after they have repeatedly requested you file your returns. When the IRS files your returns for you, they are filed in the best interest of the government, usually with little or none of the deductions you are entitled to. You have the right to file an original return no matter how late it is! If you haven’t filed in a few years or many years, we can help, no matter how late your returns are. Let us give you the peace of mind you deserve by helping you get in compliance with the law.

Call us today at (508) 655-1500 to schedule an appointment with one of our licensed tax professionals and soon you will be sleeping like a baby!

What Happens If I Don’t File My Taxes for 3 Years?

“Back in 2010, I had a rough year. My Dad died, work was nuts – it just wasn’t a good time,” Glenn , who lives in Southborough, MA, shook his head. “Did I do everything I was supposed to? No.  I didn’t file my income tax that year. Was I intentionally doing something wrong? No – but the fact I didn’t file in 2010 prevented me from filing in 2011 or 2012. What’s going to happen to me?”

Unfiled Tax Returns: Your Questions Answered

Not filing a tax return on time is one of the most common tax problems.  The IRS estimates that 10 million people fail to file their taxes in any given year: if you have unfiled tax returns, you’re not alone.

“I thought the IRS was going to catch up with me right away,” Glenn said. “I expected a knock on my door way back in May 2010. But nothing happened. Now I’m not sure if I slipped through the cracks or if the IRS is going to come after me tomorrow. It’s very stressful.”

Having unfiled tax returns is like walking across a minefield – without any minesweeping equipment! You never know when the whole situation is going to blow up in your face. The truth is that it’s very difficult to predict exactly when the IRS is going to come after you. The IRS’ enforcement capabilities have increased with advances in technology: they’re pursuing unfiled returns much faster than was previously the case. If you haven’t filed your taxes, you should know it’s only a matter of time until you’ll hear from the IRS.

Turn the Situation Around: Get Help Now

Choose an experienced tax problem solver to handle your unfiled tax return situation. It’s always better to file your tax returns before the IRS contacts you!

That way you’ll have an accurate understanding of what your financial situation is. Working with an experienced MA tax professional, you may discover that you owe less taxes than you thought – or that you’re actually entitled to a tax refund! It happens more often than you might think.

Being proactive about your unfiled tax returns buys you time to act strategically. Having more time to find deductions, gather bank statements, and handle all of the other paperwork associated with filing late tax returns is always advantageous to the taxpayer.

Finally, having your MA tax problem solver handle your unfiled tax returns helps you avoid criminal prosecution.  “I really didn’t want to go to jail for criminal failure to file,” Glenn said. “I’m just starting to get my life turned around and back on the right track! Going to jail is not part of my plan.”

While criminal prosecution against taxpayers who fail to file is relatively rare, it’s important to know that IRS policy is generally not to pursue action against taxpayers who voluntarily file late tax returns.  Avoid expensive fines and penalties, as well as the stress and anxiety that comes from living with unpaid tax returns, by getting help now. It’s never too late to file a tax return!

Owe Back Taxes? You Should Know A Wage Levy Can Cost You More Than Your Paycheck

If you have unpaid back taxes, you should know that the IRS and MA DOR can collect the money you owe from the money you earn from your job. This is known as a wage levy, and it can really disrupt your life. Instead of getting the paycheck you expected, you get a few dollars – with the remainder going directly to the IRS or MA DOR to settle your back tax debt.

The Impact of a Wage Levy on Your Life

The first is fairly obvious: when the IRS or MA DOR issues a wage levy, suddenly, you have a lot less money coming into the household. How are you going to pay your bills, buy groceries, or put gas in the car when you have no money?

The situation can spiral out of control quickly. If you, like many people, have your bills automatically taken out of your bank account, an IRS or MA DOR wage levy can create a situation where you have insufficient funds in your account. This can quickly create an expensive nightmare of overdraft fees, late payment charges, and other financial penalties imposed by your creditors and your bank.

That’s not all. An IRS or MA DOR wage levy can really hurt your relationship with your employer. Depending on the type of work you do, the fact that you have significant tax trouble can even be cause for termination. Massachusetts is an at-will employment state, so if your employer feels that your tax wage levy reflects badly on the company, creates an incentive for embezzlement, or is simply too much paperwork for them to deal with, they can legally let you go. Even if you keep your job, your relationship with your employer can be damaged by a wage levy.

People who are self-employed aren’t exempt from income levies, either. The IRS and MA DOR have been known to reach out directly to the people you do business with to collect delinquent taxes. This can really have a negative impact on your business – and your life!

Finally, wage levies can really wreak havoc in your personal life. Money is the number one reason couples fight – and suddenly having less money in the household budget due to a tax wage levy is almost guaranteed to cause disruption. If your partner was unaware of your unpaid tax problems, a wage levy is really not the best way for them to find out!

What Can Be Done About A Wage Levy?

Wage levies can cause real hardship in your life. Working with a Massachusetts tax professional who specializes in tax problem resolutions is the best way to get the stress and financial burden of a wage levy to stop. 

There are several routes to having a wage levy released, including settling your back taxes through an offer in compromise, entering a qualified payment plan, by filing bankruptcy (which may or may not discharge some or all of your tax debts), being declared uncollectible by the IRS or MA DOR, or paying off your back taxes in full. Working with a tax problem solving expert, you’ll learn which option is best for you, considering your individual circumstances.  Help is available!

If you’ve been struggling with a wage levy, call us today. We’re here to help you find an answer to your tax problems. It’s never too late to turn your life around.

JK Harris Locks Doors

By David Slade, December 29, 2011, Post & Courier, Charleston SC

GOOSE CREEK — Bankrupt tax-preparation firm JK Harris suspended all operations late this afternoon and is bracing for a likely liquidation of the firm’s assets, according to founder and Chief Operating Officer John K. Harris.

As of the end of November, the company still employed about 135 people in Goose Creek. They were told late today that they would be locked out of the building at 5 p.m. and could return Friday to pack up their personal belongings.

The company was unable to secure additional funding after filing for Chapter 11 bankruptcy protection in October, and will ask the court to convert the case to a Chapter 7, Harris said, which means that instead of restructuring, the company could be shut down and its assets sold.

“This is truly the most devastating event I have been forced to deal with in my 58 years on this earth,” Harris said in an email to employees. “I am not sure it will reach that level for all of you, but I know that for some of you it will be as personally devastating for you as it is for me.”

JK Harris & Co. once advertised that it could resolve people’s tax debts for “pennies on the dollar,” but the nationwide company was dogged by cash-flow problems and the cost of large settlements related to multiple claims that it misled consumers

The company sought bankruptcy protection in October to head off an attempt by the Texas attorney general’s office, related to consumer claims, to force the company into receivership. Harris, in emails to employees, vendors and clients, blamed today’s shutdown on the refusal of the company’s largest creditor, RAI Credit of New Jersey, to provide additional financing.

Employees who were previously laid off are among the creditors owed wages. Money is also owed to vendors, and to consumers who were to get millions of dollars in compensation from previously agreed-upon settlements, from a class-action suit and from complaints by multiple attorneys general.

 

How to Avoid The Filing of An IRS Federal Tax Lien

By Matthew J. Previte CPA MST
www.taxproblemsrus.com
July 20, 2011

Federal tax liens filed by the IRS for unpaid back taxes can cause serious damage to many areas of your life. IRS tax liens can not only ruin your credit rating but also cause problems with employers. Companies often pass up on hiring an otherwise qualified candidate because of IRS tax liens on the candidate’s credit report. Employers in some industries, (banking, finance, legal, accounting, law enforcement, or government agencies requiring security clearances) often have to terminate employees due to IRS tax problems when they discover an IRS tax lien has been filed against their employee.

For well known public figures (politicians, celebrities, etc.), IRS federal tax liens can do great damage to your reputation once the local press gets a hold of the news that the IRS has filed a federal tax lien on you for unpaid back taxes. Often they will publish news of your IRS tax problems for the world to see causing not only embarrassment and humiliation but damage to personal and business relationships.

So what can you do to avoid the IRS filing a federal tax lien?

Once a federal tax is assessed, the IRS collection cycle begins. Besides the usual IRS collection letters threatening to levy and seize your assets, the IRS will eventually issue a federal tax lien and file it in the public record as notice to the public that you owe back taxes to the IRS. The trick to avoiding the filing of a federal tax lien is to be proactive before the federal tax lien is filed by the IRS.

In lieu of a federal tax lien, the IRS can in many cases accept a Collateral Agreement which protects the government’s interest so they do not have to file a federal tax lien. The three most common assets used as collateral are: (1) letters of credit from a lender, (2) securities, or (3) surety bonds. There are other assets that can be used but these three are the most common and can go a long way towards getting a Collateral Agreement accepted quickly to avoid the filing of a federal tax lien.

So, avoiding the filing of an IRS tax lien is possible. It just takes knowledge of the Collateral Agreement process and approaching the IRS early in the collection cycle before they issue a federal tax lien. An experienced tax CPA or tax attorney is best suited to help you with this process as they know how to properly draft a Collateral Agreement, negotiate with the IRS, and get the Collateral Agreement accepted.

All IRS Payment Agreements Are Not Equal

By Matthew J. Previte CPA MST
www.taxproblemsrus.com
July 7, 2011

If you owe back taxes to the IRS, you have undoubtedly wondered how on earth you’re going to get a mountain of back IRS taxes off your back so you won’t have to live in fear anymore. Living with IRS tax problems is stressful and can cause many problems in your life. One of these IRS tax problems is having an IRS tax levy placed on your wages or bank accounts which leaves you with little to no money to live on. An IRS tax lien can also be filed against you in the public record (usually the county recorder or registry of deeds) which not only lets the world know about your IRS tax problems but severely damages your credit rating by a good 100 points or more, leaving you unable to get a loan. So what can you do to resolve your IRS tax problems?

Although Offer In Compromise is advertised heavily on late night TV, it is rarely an option for most people with back IRS tax debts. Roughly 95% of delinquent taxpayers with IRS tax debts do not qualify for the IRS Offer In Compromise program. Unfortunately, these late night TV hucksters tout the OIC as the magical cure-all for your IRS tax debt woes. There is an old saying, if it sounds too good to be true, it probably is. And so it is with the Offer In Compromise program. Although my tax resolution firm has filed many Offers In Compromise over the last 16 years, most of our clients who owe large back taxes to the IRS do not qualify. Simply put, they have too much equity in assets (bank accounts, houses, retirement accounts, etc) and/or cash flow (what’s left over after what the IRS allows for basic living expenses) to qualify. So that begs the question, what are my options?

While bankruptcy can sometimes be a good option, we will leave that discussion for another article (see archives for February 2011). Short of running out the statute of limitations on collection, which is generally ten years, or hitting the lottery or inheriting a boatload of money and paying off the IRS tax debts in full, the only option left is an installment agreement. However, not all installment agreements are equal.

The IRS has two different types of installment agreements to pay off back taxes. The first type is a Full Pay Installment Agreement. In this type of IRS installment agreement, the monthly payments are sufficient to pay off the back taxes (plus any penalties and interest that accrues) until it is paid off in full. With this type of IRS installment agreement, your payments will full pay the back IRS tax debts, as well as all penalties and interest accruing on the debt, within the statute of limitations on collection. The statute of limitations on collection is generally 10 years. However, there are numerous actions that can extend the time the IRS has to pursue collection action (liens, levies, seizures, etc). We will leave that to another article to discuss.

The second type of IRS installment agreement is called a Partial Pay Installment Agreement. Under this type of IRS installment agreement, the monthly payment is insufficient to pay off the back taxes plus accruing penalties and interest by the collection statute expiration date. What does this mean in plain English? Well, it means that you make payments until the statute of limitations on collection (in IRS speak the “CSED”) runs out. So if at the collection statute expiration date there is $10,000 of unpaid back tax debt, it expires to zero and you do not owe it anymore. Nice huh? There is one catch however. As part of the terms of the Partial Pay Installment Agreement, the IRS will review your financial condition every two years to see whether or not your financial condition (i.e. your ability to pay more) has improved. If it has, they will require a higher payment if your financial condition shows you can afford to pay more towards the back tax debt. The downside of this type of installment agreement is it is possible that in the future your financial condition improves and the new monthly payment required becomes sufficient to full pay the back taxes, penalties, and interest by the collection statute expiration date. In other words, it’s possible to start out with a Partial Pay Installment Agreement and end up with a Full Pay Installment Agreement. The positive aspect of a Partial Pay Installment Agreement is that if your financial condition does not improve enough or at all, you could still end up paying less than the full amount owed and end up with a large balance of unpaid back taxes expiring to zero at the collection statute expiration date.

With all IRS Installment Payment Agreements, your financial condition is reviewed via a Form 433-A and/or 433-B depending on whether your tax issues are personal or business tax debts. Individuals and sole proprietorships use the Form 433-A while corporations, partnerships, and LLCs use a Form 433-B. If you owe personal taxes and have income on your personal tax return from a flow through entity (S corporation, partnership, or LLC treated as an S corporation or partnership), you may have to submit both the Form 433-A and the Form 433-B to get your installment payment agreement approved.

There are strategies to minimize your monthly payment amount but that will be discussed in a future article. Also, just because the IRS initially denies your IRS installment payment agreement does not mean you should give up. Many initially rejected IRS installment payment agreements were later accepted upon filing an Appeal to the IRS Appeals Division. Persistence and perseverance are key to obtaining a fair IRS installment agreement that you can live with.

‘Tax Lady’ Roni Deutch Pleads Not Guilty

Sacramento, Calif. (June 20, 2011)
By Michael Cohn, Accounting Today

Roni Deutch, the tax attorney who heavily advertised her IRS tax resolution services before she was forced out of business, has pleaded not guilty to contempt of court charges.

Deutch billed herself as the “Tax Lady” in her infomercials before she closed down her law firm and surrendered her law license last month (see ‘Tax Lady’ Roni Deutch Closes Firm amid Allegations). She was sued for $34 million last August by the California Attorney General’s Office, which accused her of swindling clients who had gone to her firm seeking help resolving their outstanding tax debts with the IRS (see California AG Sues ‘Tax Lady’ Roni Deutch for $34M). In April, a California judge froze her assets after the Attorney General asked the court to hold her in contempt for shredding millions of documents and diverting hundreds of thousands of dollars in funds from her clients (see ‘Tax Lady’ Roni Deutch’s Assets Frozen by Judge).

During her arraignment Friday in Sacramento Superior Court, Deutch’s attorney registered a not guilty plea on her behalf to the contempt of court charges, according to The Sacramento Bee.

Deutch herself did not speak during the court hearing. Outside the courthouse, a small group of supporters, including several of her relatives, demonstrated on her behalf, holding up signs and yelling, “Justice for Deutch.”

‘Tax Lady’ Roni Deutch Closes Firm Amid Allegations

North Highlands, Calif. (May 16, 2011)
By Michael Cohn, Accounting Today

Roni Deutch, who heavily advertised her tax problem resolution services on television, has closed her law firm and surrendered her legal license after a California judge froze her assets.

Deutch was sued last August by the California Attorney General for $34 million, charging her with swindling thousands of people who came to her for help with fixing their tax problems with the Internal Revenue Service (see California AG Sues ‘Tax Lady’ Roni Deutch for $34M). Last month, a California judge froze her assets after the Attorney General asked the court to hold her in contempt for shredding millions of documents and diverting hundreds of thousands of dollars in funds from her clients.

The State Bar of California said Thursday that it has initiated disciplinary proceedings against her. Deutch held a press conference last Thursday at the headquarters of her law firm in North Highlands, Calif., to announce the closure of her firm and her financial difficulties, but sounded a note of defiance.

“I am letting you know right now that I am turning in my state bar license after 20 years,” she said. “So I say this to you, State Bar of California, ‘Are you going to come to my building and help my 4,000 active clients? Are you going to do that, State Bar of California? Will you now come and pick up my 45,000 debt files? Will you come and pick those up? Do you really care about my clients, State Bar of California? Never disciplined me for 20 years, approving my policies, practices and procedures. Are you now going to show up and help my clients? The last time I checked, you were unwilling to help any of my clients unless I was dead or in a mental hospital. Those were the only conditions that you were going to show up and help my clients, dead or in a mental hospital.’”

Deutch said her firm had run out of money and owed $10 million. She said she personally owed $5 million and did not have enough money to defend herself in court, according to the Sacramento Bee. Her own attorney has asked to be removed from the case because he hasn’t been paid.

‘Tax Lady’ Roni Deutch’s Assets Frozen by Judge

accountingtoday.com
Sacramento, Calif. (April 21, 2011)

A California judge has frozen the assets of “Tax Lady” Roni Deutch after the state attorney general asked the court to hold her in contempt for shredding millions of documents and wrongfully diverting funds from clients of her tax law firm.

Sacramento Superior Court Judge Shellyanne W.L. Chang signed an order Wednesday freezing Deutch’s assets and appointed a receiver who will take over the financial aspects of her business. Deutch heavily advertises her services for helping clients resolve their problems with the Internal Revenue Service, but has been the subject of a $34 million lawsuit by the California Attorney General’s Office accusing her of swindling clients (see California AG Sues ‘Tax Lady’ Roni Deutch for $34M).

Attorney General Kamala D. Harris asked the court on Wednesday to hold Deutch in contempt of court, imprison her for five days on each violation, and fine her thousands of dollars for shredding millions of pages of documents and failing to pay refunds to her clients in violation of a court order.

“Deutch showed herself to be a predator for profit, preying on innocent, hard-working people who were simply hoping to settle their accounts with the IRS,” Harris said in a statement. “By defrauding these victims, and then pleading poverty, she created a real danger that her clients will never receive their advance fees back.”

In August, the attorney general filed suit against Deutch for swindling thousands of people facing serious and expensive tax collection problems with the IRS. On August 31, the court issued an order that prohibited Deutch from destroying evidence.

“Despite this order,” the attorney general said, “Deutch has been routinely shredding documents on an almost a weekly basis.” The Attorney General estimates that to date Deutch has shredded some 1,643,000 to 2,708,600 pages of documents. Deutch’s shredding campaign has permanently deprived the attorney general of evidence needed to fully prosecute the action against her.

Deutch’s law firm, based in Sacramento County, had revenues of at least $25 million a year. She spent $3 million a year on advertising, much of it on late-night cable TV, and frequently offered tax advice on popular TV shows. In her pitches, she promised to significantly reduce the IRS tax debts of people who signed up with her firm. Instead, she took thousands of dollars in up-front fees from clients but offered little or no help in lowering their tax bills. Hundreds of clients complained to the Attorney General and other government agencies.

In addition to shredding documents, the Attorney General also charged that Deutch violated a November 17 preliminary injunction by failing to issue some $435,000 in refunds to her clients within 60 days. Instead she “decided to disperse funds to friends, family and other creditors. By draining her estate and that of the law firm, Deutch has placed her clients at serious risk of never receiving their refunds.”

For instance, Deutch opted to transfer hundreds of thousands of dollars in equity from the sale of her home to a media firm. She also personally withdrew $241,000 from the law firm’s accounts and her personal accounts at just one bank. In addition, since the preliminary injunction order was issued, Deutch made more than $21,000 in unnecessary expenditures, including gifts to family and friends, and a payment to a NASCAR racing team.

The attorney general asked the court to fine Deutch $1,000 and imprison her for five days for each count of contempt, to immediately freeze Deutch’s personal assets, and to appoint a receiver to manage her law firm’s business operations.

A spokesperson for Deutch’s firm did not respond to a request for comment.

Man Indicted for Falsifying Charitable Deductions

accountingtoday.com
Los Angeles (June 21, 2011)

A Santa Monica man was arrested Friday morning on charges that he committed tax fraud and attempted to interfere with the administration of the Internal Revenue laws.

Howard Hal Berger, 51, appeared Monday morning before U.S. District Court Judge John F. Walter. Berger previously pleaded not guilty to the charges specified in an indictment returned by a federal grand jury late last week.

According to the indictment, Berger filed a partnership income tax return for Lab Holdings LLC for the 2006 tax year which falsely reported a contribution of $1 million, substantially reducing his income tax liability.

In addition, Berger filed an individual income tax return for the 2006 tax year which falsely reported gifts to charity of $991,700 on the attached schedule of itemized deductions.

While under audit by the Internal Revenue Service, Berger submitted a false charitable donation letter in an attempt to substantiate the deduction for gifts to charity taken on the 2006 individual income tax return.

If convicted of all charges specified in the indictment, Berger faces up to nine years in prison and fines totaling $750,000. Berger is currently free on bond pending trial. A trial is scheduled for Aug. 9, 2011, before Judge Walter.

The investigation of Berger was conducted by IRS-Criminal Investigation in conjunction with the U.S. Attorney’s Office in Los Angeles.