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Tax And IRS Problem Resolution

IRS Problems In Minneapolis, MN

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If the IRS has filed a tax lien, levied a bank account or started garnishing your wages, the problem will not fade on its own, and waiting usually makes it larger as penalties and interest grow. Whitlock Reyes LLP helps people and small business owners in Minneapolis, Saint Paul and across the Twin Cities deal with liens, levies, wage garnishments and offers in compromise, and works out a realistic way to settle with the IRS.

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How It Works

What Can You Do When The IRSComes To Collect?

The IRS has more options than most people expect, and the right one depends on what you can actually pay. The first call is a free consultation.

A letter from the IRS feels final. It rarely is. Most notices open a window to respond, and using that window well is where the options live.

Renwick Osei
Senior Counsel, Whitlock Reyes LLP

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Who It Is For

Who Is ThisFor?

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Anyone facing an IRS wage levy or garnishment, a lien on a home, a threatened seizure of assets, or a balance that cannot be paid in full. Business owners whose tax problems are tangled up with business debt are a natural fit, because the same team advises on bankruptcy and business matters with an eye on the tax consequences of every step.

At A Glance

The Problems, AndThe Tools

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01

Liens

The government's legal claim against your property, including your home. It can block a sale or refinance.

02

Levies

The actual seizure of property, such as money in a bank account or a payment owed to your business.

03

Wage garnishments

A continuing levy on wages that takes part of every paycheck until the debt is resolved or the levy is released.

04

Collection due process

A timely request for a hearing after a lien or levy notice gives you a formal chance to propose an alternative.

05

Offers in compromise

An agreement to settle a tax debt for less than the full amount when paying in full is not realistic.

06

Other ways to settle

Installment agreements, hardship status and, in some cases, bankruptcy for certain older income taxes.

The Details

What Are The Ways To SettleWith The IRS?

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General informationEvery case turns on its own facts.
What are the ways to settle with the IRS?
TopicWhat to know
Installment agreements.Under section 6159 the IRS can accept payments over time. For many balances this is the most direct route, and new levies are generally held off while you pay as agreed.
Offers in compromise.Under section 7122 the IRS can accept less than the full amount, most often when it doubts the balance can ever be collected. The IRS looks closely at income, expenses and the equity in what you own before it accepts one.
Currently not collectible status.If paying anything would leave you unable to meet basic living expenses, the IRS can put collection on hold. Interest and penalties keep running, but levies are generally paused.
Penalty relief and time limits.Some penalties can be removed for reasonable cause or a clean history, and the IRS generally has ten years from assessment to collect a tax, a date worth knowing when choosing a strategy.
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What do the IRS notices mean?

Collection follows a sequence of letters, and each one starts a clock. After a tax is assessed and not paid, the IRS sends bills, then a final notice of intent to levy. Under sections 6320 and 6330 of the Internal Revenue Code, a notice of a filed tax lien or of an intended levy generally gives you 30 days to request a collection due process hearing, which is the moment to propose an installment agreement, an offer in compromise or another alternative, and to preserve the right to go to Tax Court.

A federal tax lien under section 6321 attaches to everything you own, and a Notice of Federal Tax Lien recorded with the county puts the public on notice. A levy under section 6331 is the actual taking: a bank account, a receivable, or wages, where a continuing levy takes part of every paycheck until it is released.

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Do business owners face different rules?

Yes. Payroll taxes withheld from employees are held in trust for the government, and if a business does not pay them over, the IRS can assess the Trust Fund Recovery Penalty under section 6672 personally against the owners and officers responsible for paying them. Those taxes generally cannot be discharged in bankruptcy.

A business can also owe the state for income, sales or withholding tax, and a state revenue department has its own collection tools and its own deadlines. We look at the whole picture, federal and state, business debt included, before recommending a route.

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How does it work here?

The first step is reading exactly what the notices say: which tax years, which amounts, which deadlines, and what the IRS has already done. Then come the numbers, your income, expenses and assets, because every IRS option is judged on what you can actually pay. With those two in hand, you get a plain recommendation and the work of dealing with the IRS begins.

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What should you bring?

Every IRS notice and letter you have received, with the envelopes, your tax returns for the years in question, proof of income, recent bank statements, a list of monthly expenses, and any lien or levy notice.

Questions

Questions AboutIRS Problems.

When to call us

Call today for a free consultation at the Minneapolis office, or by phone. If a levy or garnishment is already under way, say so on the call, because those deadlines move fast.

(555) 014-2200

Can the IRS take my house?

The IRS can file a lien against a home and, in limited cases, seize one, but seizing a primary residence carries extra legal hurdles. A lien is far more common, and it can often be addressed before it goes further.

What is an offer in compromise?

An agreement with the IRS to settle a tax debt for less than the full balance, generally when paying in full is not realistic. The IRS looks closely at income, expenses and assets before it accepts one.

Can bankruptcy wipe out tax debt?

Some older income tax debts can be discharged in bankruptcy if they meet timing rules; recent taxes and payroll trust fund taxes cannot. Whether yours qualify depends on the tax years and filing dates.

Can a wage garnishment be released?

Often, once an agreement is reached or the IRS accepts that the levy causes economic hardship. The first step is responding to the notices.

How long can the IRS collect a tax?

Generally ten years from the date the tax was assessed, under section 6502 of the Internal Revenue Code. Some events, such as a pending offer or a bankruptcy case, pause that clock.

Should I ignore a letter if I cannot pay?

No. The deadlines in IRS letters protect your rights, including the right to a hearing. Even when you cannot pay, responding on time keeps more options open.

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