Frequently Asked Questions

Our goal is to accurately and completely assess your tax issues and needs. We use our everyday experience working with the IRS.

General Questions

How much do your services cost?
Our fee will vary depending on what kind of services you require. Typically, weFfbar work on a flat fee basis. We will only offer services if you actually need them. At, Victory Tax Lawyers, we want to help you get your issue resolved in the most efficient and economical fashion.
How long will the process take?
The length of the process depends on answers to the following questions:

  • How much do you owe?
  • Do you want a payment plan or an
  • offer in compromise?
  • Have you filed all your tax returns?
  • How soon do you want to start
  • making payments?

Your personal goals will play a factor in how fast this issue is resolved.

What documents will the IRS need to review my account?

This depends on how much you owe. If you owe $100,000 or less, it is possible that the IRS will need no documents from you. They have various programs that you may qualify for. If you owe more than $100,000 and you want to make monthly payments or settle your problems, then the IRS will require a financial statement. The financial statement contains a list of your assets and income sources. You will need bank statements and other supporting documents.

Why should I hire a tax professional?
The IRS is looking to collect the most amount of money from you as soon as possible. So, they won’t always offer you all the options. Knowing your options and having somebody that will make sure it works for you is important. Additionally, having someone speak to the IRS on your behalf is a good idea. You don’t have to deal with it and you won’t be able to say the wrong thing.
What happens to my refund if I already owe the IRS?

If you already owe the IRS money, then your refund will get applied to that balance. If your refund is more than what you owe, then the IRS will send you the difference.

Social Security

Can the IRS take my social security income?

Yes, the IRS can and does levy social security income. Typically, 15% of your check. In some extreme cases, the IRS can levy 100%.

Fbar

What is FBAR?

Report of Foreign Bank and Financial Accounts (FBAR) is now known as FinCEN. It is an annual report that is filed to disclose any foreign interest and/or assets. This includes bank accounts, brokerage accounts, mutual funds, trusts or other type of foreign financial account.

How do I know if I have to file FBAR?

If you live in the United States and earn income, then you should file the FBAR.

What is the FBAR due date?

The FBAR is due on April 15th. It was previously due on June 30th. The IRS gives an automatic 6-month extension to file the FBAR.

How do I file FBAR?
The FBAR must be filed electronically.
Visit https://bsaefiling.fincen.treas.gov/NoRegFBARFiler.html to file your FBAR.

Offer In Compromise

What is an offer in compromise?

An Offer In Compromise is an offer to resolve your IRS tax problems.

How do I know if I qualify for an offer in compromise?

Whether or not you qualify depends on the following:

  • How much do you owe?
  • Do you have assets? If so, what is their value?
  • Do you have any disposable monthly
  • income (gross income – expenses)?
  • What is the CSED for your liability?
How likely is it that an offer in compromise is accepted?

The likelihood of your OIC being accepted depends on how well calculated your reasonable collection potential is. The reasonable collection potential is the value of your assets plus how much the IRS can collect from you in monthly payments. This is why it is so important to have a tax professional.

Collections Statute Expiration Date (CSED)

What is the collection statute expiration date (CSED)?

The Collection Statute Expiration Date (CSED) is the date after which the IRS can no longer collect tax from you. It is typically 10 years following the date the tax was assessed. The tax must be assessed before the CSED starts. So, if you did not file a 2012 tax return until 2014, the 10 years will not begin until 2014. Certain events can prolong the CSED.

Currently Not Collectible

What is currently not collectible (CNC)?

Currently Not Collectible (CNC) is essentially a IRS hardship status. You owe the IRS a certain amount of money, but you have no way of paying it. The IRS has checked your assets and your monthly income and expenses. This can be temporary and is often subject to review every couple years.

Transcripts

What is transcript analysis?

A transcript analysis is a detailed review of your tax history. Including, but not limited to: balances, payments, penalties, interest, CSED, etc.

Why is transcript analysis important?

A transcript analysis is important because it helps to establish your location in the overall process. How far away from a solution you are and what needs to be done to get you there.

What types of transcripts does the IRS have?

The IRS has several transcripts, including but not limited to, the following:

  • Wage and Income Transcripts – This shows by year any income that was reported to the IRS as paid to you.
  • Account Transcripts – This shows by year, the transactions on your account. Such as amount due, amount paid, interest, penalties, notices sent, etc.
  • Tax Return Transcript – This is essentially a copy of your tax return in a transcript format. It does not always contain all the information your original return would have.

IRS Notices

What do I do if I cannot pay the full amount of the bill?

If you cannot afford to pay the amount on the notice, don’t worry. There are other options. You can get more time, get a payment plan, or potentially qualify for a settlement. First thing to do is contact a professional to get a free analysis. They can tell you how urgent it is and what you need to do.

What types of notices does the IRS send?
The IRS will send many different notices to you, depending on what is going on. It can be a notice of refund. It can be a balance due bill. Maybe a threat to levy your assets. Most, if not all, IRS letters have a number on the top right-hand corner. You can search the letter number by visiting https://www.irs.gov/individuals/understanding-your-irs-notice-or-letter.

Levy

How do I get the IRS to stop granishing my wages?

There are a number of ways to have the IRS issue a release of levy to your employer. Namely, there are 3 ways:

  1. Levy issued in Error – if the IRS has erroneously issued the levy, then contacting the department that issued the levy to let them know should yield a release. Be careful when contacting the IRS.
  2. Alternative Resolution – if the levy is justified, then you can set up an alternative resolution, such as a payment plan, then get a release faxed to your employer.
  3. Hardship – if you can show that not having your full income paid is causing a hardship, then the IRS may release the levy. Unfortunately, your definition of hardship and the IRS’ may be different. This means you need to make sure you know what the IRS limits are on certain expenses. For example, you may pay $3,400 per month for rent, but the IRS may only allow $2,600 in your County. These discrepancies can yield a non-hardship result for the IRS even though you are paying that total.
How long does A bank levy last?

When the IRS levies your bank account it is a one-time action. The bank is supposed to hold the funds for 21 days. The IRS can issue other levies, but the levy the bank received only applies to the money in the account the day it was received. Money deposited after is not affected by the levy. For example, the bank gets the IRS levy on Monday. Your bank balance is $5. The bank will freeze $5. The next day your paycheck gets deposited. That money should not subject to the levy.

How do I get the IRS to not to issue A levy or garnishment?

Contact the IRS to get a collection hold. Engage in communication with the IRS to establish your intention to resolve the issue. Know your rights.

Lien

Can the IRS take my house?

Yes, but not without ample warning. It takes a lot for the IRS to resort to seizing your home. The IRS does not want to make people homeless or uproot American lives. They will do so in cases where there is no alternative action. The fastest ways to get your house seized are ignoring the IRS and/or continuing to add to the problem year after year.

Will the lien affect my credit?

Yes, an IRS lien does negatively affect your credit score. It is possible to avoid issuance of a lien, depending on the amount owed, how much you can pay, and how soon you address the problem.

Tax Returns

What if I prepared my returns and cannot pay the balance?

Many individuals prepare their tax return and realize that they have a tax balance. Unfortunately, it is a larger amount than expected. What do you do? File the return. If you do not file the return, you will get hit with extra penalties for failure to file. At least by filing you can avoid that penalty.

The IRS has many options for repayment of the tax balance. Depending on how much you owe this can be quick and easy or a bit more detailed, but a very manageable process. You may qualify for some of the IRS streamlined programs, which depends on how much you owe and how much you are willing to pay. Alternatively, you may have to provide a financial statement to show what you can afford to pay monthly.

The streamlined programs are much easier to navigate. Non-streamline programs requiring a financial statement can get problematic. That is a situation requiring assistance from a tax professional.

Penalties

Will the IRS remove penalties?

Yes, the IRS may remove penalties. Typically, either for prior good history or if you can establish reasonable cause (illness, disaster, divorce, etc.).