Archives for February 2011

Will Declaring Bankruptcy Solve Your Tax Problems?

These days it seems as if you can’t turn on the television, flip open the newspaper, or surf the web without running into an advertisement for bankruptcy lawyers. For people in tough financial circumstances, bankruptcy can seem like a magical solution for all of your financial problems. Advertisements tout the marvel of having all of your debts dissolved – even outstanding tax obligations!

Is this true? Can declaring bankruptcy erase your tax obligations to the IRS or state taxing agency?

The answer is a qualified “it depends”. Before you decide to go forward with filing for bankruptcy, you need to get accurate information about your tax problems and whether or not they can be resolved more favorably through filing bankruptcy. There are alternate ways to handling outstanding tax debts, tax levies and wage garnishments without the need to file bankruptcy. Sometimes these alternate methods get a better result than by filing bankruptcy. Other times bankruptcy is the better alternative. It really depends on the facts of each person’s case since each person’s case is different. Having someone who is well versed in resolving tax problems analyze your case will allow you to choose the most favorable option to resolve your tax problems.

Bankruptcy is not always the easy fix-it that the advertisements promise in many cases. Many people with outstanding tax issues have been shocked to find out that they’ve gone through the pain, stress, and never-ending paperwork of a bankruptcy only to discover that they still owe the IRS and state taxing agency every penny – and now there are additional penalties and interest involved!

Qualified Tax Professionals

A bankruptcy attorney (or bankruptcy specialist, as they are often called) has many qualifications, but there’s something you should know. Generally, these people do not specialize in tax law or resolving tax problems. They’re not tax accountants, CPA’s, or focused on successfully resolving your tax problems. They focus on bankruptcy.
Here’s the truth of the situation. Certain types of federal and state tax debts may be discharged under the bankruptcy code. Other types are not dischargeable under the bankruptcy code. Ever. Knowing the difference between the two is critical in deciding whether or not filing a petition for bankruptcy is an option. Those types of taxes that can be dischargeable in bankruptcy must also meet three critical timing rules before they can be dischargeable in a bankruptcy proceeding.

The first rule states that the bankruptcy petition must be filed more than 3 years from the due date of the tax return, including extensions. However, caution should be taken in determining whether this rule has been met as there are several actions that can lengthen this 3 year time period and require you wait longer than 3 years from the due date of the returns. Determining whether any actions have taken place that could have lengthened this time period is critical in knowing whether this rule has been met.

The second rule states that the bankruptcy petition must be filed more than 2 years from the date the tax returns were filed. Only the filing of an original tax return can start the 2 year time period running. A substitute tax return, or SFR, filed by the IRS or state taxing agency does not qualify. As with the 3 year rule, certain actions can lengthen this 2 year time period. Therefore, determining when the original tax return was filed and whether or not anything has extended this 2 year time period is critical in knowing whether this rule has been met.

The third rule states that the bankruptcy petition must be filed more than 240 days from the date of assessment. Bear in mind that there can be multiple assessment dates for a given tax year where the IRS or state tax agency has audited or adjusted the original tax return amount or an amended tax return showing an additional balance due has been filed by the person filing bankruptcy. Therefore, determining all of the appropriate assessment dates for each tax year is critical. As with the first two rules, some actions can lengthen the 240 day time period. Determining whether anything has extended this time period is critical before filing the bankruptcy petition.

Lastly, the tax returns filed cannot be fraudulent and the person cannot have willfully attempted to evade or defeat the taxes owed.

If you have outstanding tax debt and are considering filing bankruptcy, consult with tax experts first! A qualified tax expert who resolves tax problems full time will know how to analyze whether your taxes can be discharged now or at some date in the near future and help you avoid costly mistakes. Bankruptcy can solve some financial problems, but to discharge taxes in bankruptcy you must meet the above rules as well as certain financial conditions the court requires to qualify to file for bankruptcy.

Although bankruptcy can sometimes be a solution, it isn’t always a solution. Make sure the tax expert you select has knowledge of the above rules. Interview and question any attorney you select to file your bankruptcy petition about the above rules. If they cannot tell you the basic rules, run don’t walk to another attorney! I have seen too many supposed bankruptcy attorneys file bankruptcy for someone, not knowing the basic rules, and after the bankruptcy is over, their client still has the same tax problem they did when they first filed. Don’t make that mistake. Make sure your attorney is qualified and knows what they are doing.

What To Do When Someone Else Messes Up Your Taxes

“My dad has always done my taxes,” Elaine R., a Boston resident, said. “Ever since I was sixteen years old and had my first job. But last year, something happened. I don’t even know what. But the IRS is sending me all of these notices about an adjusted return and how I have to send them all of this money – plus interest!”

One of the most common reasons people get into trouble with the IRS is when they have an unqualified individual prepare their tax returns. Tax law is really complicated, and it changes every year. Even if the tax law changes don’t affect you, you could be in the same boat as Elaine – the returns that were perfectly adequate when she was a teenager with a single job just don’t cut the mustard now that she’s a homeowner who needs to itemize. It’s easy to make a mistake if you’re not a professional tax preparer.

When Your Income Tax Expert Lets You Down

It can come as a shock when you discover that the person you trusted to do your income taxes didn’t do a great job. You may feel anger, resentment, stress, and fear. After all, the IRS has a great deal of power: they can audit you, levy your bank accounts, and impose significant penalties – and you might not even know what was wrong in the first place.

If you’ve gotten notices from the IRS about errors in your tax return – or if you trusted someone to file tax returns or pay payroll taxes on your behalf and they failed to do so – you need the best tax help available right away. The IRS isn’t going to go after the person who prepared your return: they’re going to go after you. Prepare yourself and protect your interest by working with a team of tax professionals who can solve your problems fast!

PunxsutawneyPhil Says An Early Spring – The Weatherman Says Snow This Weekend: How Do You Know Who To Trust?

Earlier this week, PunxsutawneyPhil – thought by many to be the Groundhog In The Know – let the world know to expect an early spring. Meanwhile, a massive storm unloaded snow, ice, and freezing rain over much of the country. More snow is expected to arrive this weekend.

Maybe Phil’s story is just too good to be true. Spring, early, late or otherwise, seems like nothing more than a dream when everything is covered in nearly two feet of snow!

For many people, the news that there is help for their tax problems seems like that dream: too good to possibly be true. If you’re struggling with unpaid taxes, unfiled returns, or the IRS threatening to levy your wages or place a lien on your property, the thought that there may someday be relief doesn’t have to be a dream. It can be a reality.

Knowing Who To Trust With Your Tax Problems

When you’re searching for someone to solve your tax problems, you have to decide: do you want a PunxsutawneyPhil, who makes promises that sound great but lack detail, or your local weatherman, who might not offer a totally rosy forecast but can provide you with dependable information you can use to make good decisions?

Most of us choose to depend on the weatherman. When it comes time to consider your tax problems, you have the same type of choice to make. Do you want the rosy projections or the accurate forecast guiding you in your dealings with the IRS?

Some tax resolution companies offer almost magical results – but they’re very short on details about how they’re going to solve your tax problems. The disconnect between promises made by companies like TaxMasters, American Tax Relief, J K Harris, and Roni Deutch has been so great that both organizations have run into legal trouble. Do a Google search and check it out for yourself!

Choose instead a tax solutions company that listens to your circumstances, explains your options, and gives you a realistic set of expectations. When you’re armed with expert assistance and accurate tax information, you have a much greater chance of resolving your IRS issues successfully.

Lil Jon Faces Tax Trouble

Several ”Celebrity Apprentice” Stars Owe Feds Money
6:00AM ET January 19th, 2011
Contributor : Hip Hop Blog Staff

There appears to be a legitimate reason for so many past-their-prime celebrities appearing on reality TV–and it’s not just to raise their profile or to gain a little publicity. Several celebs clamor to reality shows for one simple reason: money. Several of the contestants on this season’s “Celebrity Apprentice,” for example, have serious tax issues with the federal and/or state government.

The Detroit News compiled a list of “Celebrity Apprentice” cast members who owe Uncle Sam, and Star Jones ($356,991), LaToya Jackson ($28,252 in Nevada), Gary Busey ($645,382 in California), Dionne Warwick ($2.2 mil in California) and Jose Canseco ($320,000 in California) are all mentioned for owing back taxes.

Rapper Lil Jon faces a $638,937 lien the IRS filed against him in South Carolina back in 2008.