Does submitting a request for an installment agreement legally ‘fix’ the taxpayer’s liability owed or can the liability later be argued?

The tax liability can be “argued” or more appropriately collected upon as long as the statute of limitations on collection (10 years for the IRS) is still open. If the amount of the installment payment is less than necessary to full-pay the liability over the collection statute (known as claiming "hardship"), the IRS will most [...]

Does submitting a request for an installment agreement legally ‘fix’ the taxpayer’s liability owed or can the liability later be argued?2016-05-24T10:41:53-07:00

Is there a time frame for paying tax?  Does a taxpayer have to pay after 11 years if they do not have the means to pay?

Assuming you are referring to the IRS, the statute of limitations for “active” collection is 10 years from the date of assessment.  By “active” we mean the IRS will come after taxpayer directly.  After 10 years  the IRS cannot continue to do so but may, if previously filed continue to renew a tax lien on [...]

Is there a time frame for paying tax?  Does a taxpayer have to pay after 11 years if they do not have the means to pay?2016-05-13T13:29:50-07:00

Is the statute of limitations on Collection 10 years?

The statute of limitations on collection by the IRS is 10 years.  It is important to keep in mind however that several items including filing a rejected Offer in Compromise, taxpayer waivers, appeals, holds on collection and bankruptcy may extend the statute.

Is the statute of limitations on Collection 10 years?2016-05-13T13:27:58-07:00

Do accounts receivable clients of a delinquent taxpayer have a legal liability to pay IRS?  Can IRS come after them if they do not pay the amount they owe the delinquent taxpayer to IRS?

It is up to the courts to determine if the “client” has a legal liability to pay the IRS assuming their alternative is to pay nothing.  However if the “client” receives an IRS 3rd-party levy and proceeds to pay the taxpayer, the IRS may come after the “Client” for the amount paid up to the [...]

Do accounts receivable clients of a delinquent taxpayer have a legal liability to pay IRS?  Can IRS come after them if they do not pay the amount they owe the delinquent taxpayer to IRS?2017-04-11T22:23:04-07:00

What are the effects on a taxpayer of a 1099-C issued by IRS and what remedies are allowed?

The answer to this question depends on the circumstances.  There are options allowing a taxpayer to exclude the cancellation of debt (“COD”) income including proof that the taxpayer was insolvent at the time the debt was cancelled but it needs to be looked at on a case-by-case basis.  If the COD income cannot be excluded, [...]

What are the effects on a taxpayer of a 1099-C issued by IRS and what remedies are allowed?2016-05-13T13:25:57-07:00

How do you respond to IRS when they want client to extend the statute of limitations period?

If you are referring to the collection statute we instruct our clients not to sign a waiver.  If you are talking about audit and not collections. Typically you do not have a lot of choice in the matter.  If you do not extend the assessment period the IRS will disallow the deductions in question and [...]

How do you respond to IRS when they want client to extend the statute of limitations period?2017-04-11T22:23:04-07:00

When I obtain a new client, I complete an IRS Power of Attorney (form 2848) so I can obtain a record of their account and if applicable obtain their reported wage and income information. I am not sure which years to put on the 2848 to determine what they owe and which years are unfiled.

To be safe, you should span more years than you think are necessary. For example if your client states they are unfiled or owe from 2006, you should begin earlier and span to at least a year past the current year. For example in this case you may put 2003 through 2016 on the form. [...]

When I obtain a new client, I complete an IRS Power of Attorney (form 2848) so I can obtain a record of their account and if applicable obtain their reported wage and income information. I am not sure which years to put on the 2848 to determine what they owe and which years are unfiled.2017-04-11T22:23:04-07:00

What issues may arise having clients pay their fees over an extended period of time?

May of the clients with these types of issues do not pay their bills in general.  If you are going to accept a payment plan it is ideal to have payments stay ahead of billings.  If your client is unable to stay in front of the work with payments, you should at least have a [...]

What issues may arise having clients pay their fees over an extended period of time?2017-04-11T22:23:05-07:00

What is best way to generate tax resolution income for a EA with little to no experience?

The key to success in performing resolution work is to understand both the process and the “system”.  Your goal should be to try to work within your comfort level but this may be difficult for someone without experience.  Just beginning in this profession will limit the scope of work that you should and will want [...]

What is best way to generate tax resolution income for a EA with little to no experience?2016-05-13T12:54:47-07:00

Can I get rich from practicing tax resolution?   I am all in!

“Rich” is subjective.  You have the ability to earn a substantial amount of revenue practicing in this area.  For example, a single qualified professional can earn well over $500,000 per year practicing in this area full-time.

Can I get rich from practicing tax resolution?   I am all in!2016-05-13T12:54:04-07:00

Do you recommend marketing on the web?

We recommend having a website.  This is a relatively inexpensive way to create a broad presence.  Be honest about what services you can provide and be careful not to make promises in writing that you cannot fulfill.  Keep in mind that even though people searching for these types of services are emotional, they typically can [...]

Do you recommend marketing on the web?2017-04-11T22:23:05-07:00

How do you handle obtaining payment from previous client’s whose work is complete and whose Power of Attorney is still in effect; when the Revenue Officer (“RO”) assigned to their case calls you to address new issues?  Assume the client agrees to pay but is dragging their feet.

First tell the Revenue Officer (“RO”) that you must contact your client to discuss whatever the new issue is that he or she has brought to your attention.  Assuming your client has not paid you for the new work (a promise to pay is not enough), call the RO back and indicate that you have [...]

How do you handle obtaining payment from previous client’s whose work is complete and whose Power of Attorney is still in effect; when the Revenue Officer (“RO”) assigned to their case calls you to address new issues?  Assume the client agrees to pay but is dragging their feet.2017-04-11T22:23:05-07:00

Do you stop work if a client does not replenish their retainer or falls being on their payments to you?

Depending on the reliability and past payment history of the client, we may stop work.  It is important to know that many people with these types of issues do not pay their bills including to the government.  If you resolve a client’s problem, you drop to the bottom of their payables list like a lead [...]

Do you stop work if a client does not replenish their retainer or falls being on their payments to you?2017-04-11T22:23:05-07:00

Would you suggest starting a separate company to add this line of work, (for liability purposes), or do it from within an existing CPA firm? Does it matter ? Does a “wall of separation” need to be set up like when adding Financial Advisory services?

I do not believe it is necessary to have a separate entity to handle this type of work. I personally flow tax resolution referrals originating from networking to my CPA practice,SST CPAS and leads/referrals I receive from internet marketing flow to The Tax Resolution Institute. Keep in mind that I am doing this for business [...]

Would you suggest starting a separate company to add this line of work, (for liability purposes), or do it from within an existing CPA firm? Does it matter ? Does a “wall of separation” need to be set up like when adding Financial Advisory services?2017-04-11T22:23:05-07:00

You stated not to do this work for a fixed fee.  Is it possible to give the client a fixed fee based on a certain set of hours with a disclaimer in the engagement letter stating if the engagement lasts over a certain # of hours, then we will bill at our hourly rate?

The answer is easy and implements common logic.  If a potential client is willing to sign an engagement letter that sets forth a maximum number of hours that SHOULD resolve their case, you can use an open-ended agreement with a defacto fixed fee.  Assuming the client is reasonable and responsive in a timely fashion, both [...]

You stated not to do this work for a fixed fee.  Is it possible to give the client a fixed fee based on a certain set of hours with a disclaimer in the engagement letter stating if the engagement lasts over a certain # of hours, then we will bill at our hourly rate?2017-04-11T22:23:05-07:00

Should I complete a Collection Information Statement (IRS form 433F) in an interview session with my client or should I send the client the form to fill out?

This is a good question and both options have their merits.  If you request the information in an interview it should be done solely to gauge the client’s current financial standing.  This can be a valuable opportunity to make sure your client has their ducks in a row in terms of substantiation to back up [...]

Should I complete a Collection Information Statement (IRS form 433F) in an interview session with my client or should I send the client the form to fill out?2017-04-11T22:23:05-07:00

A corporation owes payroll tax liability of approximately $100,000 for periods spanning from 2003 through 2010.  During discussions with the IRS the Trust Fund portion of the liability was assessed personally under the responsible person’s social security number.  When if at all does the 10-year collection period begin?

The IRS 10-year collection statute begins when a liability is assessed.  This holds true for the Trust Fund Recover Penalty as well.

A corporation owes payroll tax liability of approximately $100,000 for periods spanning from 2003 through 2010.  During discussions with the IRS the Trust Fund portion of the liability was assessed personally under the responsible person’s social security number.  When if at all does the 10-year collection period begin?2016-05-13T12:48:28-07:00

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