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How to Settle Your Tax Debt by Negotiating a Payment Plan with the IRS

Guest post by: Michael Rozbruch

Article Overview: How to Qualify for an IRS Installment Agreement: If you cannot afford to make monthly payments and don't qualify for another type of tax relief, such as an offer in compromise, there are other options including negotiating that your account be placed in a "currently not collectible" status so that you will not be required to make payments and the IRS will not pursue collection action.

How to Settle Your Tax Debt by Negotiating a Payment Plan with the IRS

Struggling taxpayers may be eligible for tax breaks as the IRS eases enforcement and collection efforts to help Americans in financial distress. Because of the extraordinary challenges of today's economy, the IRS is pledging to be more forgiving of Americans who have fallen behind on their taxes due to unusual financial hardship. One way you can settle your back taxes is by negotiating an Installment Agreement with the government that that allows you to pay liabilities over time.

What is an IRS Installment Agreement? An Installment Agreement is a payment arrangement whereby the government allows a taxpayer to pay liabilities over time. Once a payment plan is established, the IRS will not take enforced collection action, including the levy of bank accounts or wages, as long as the taxpayer remains current with all filing and payment obligations. However, interest and penalties would continue to accrue until the outstanding balance is satisfied. Additionally, a tax lien may be filed as part of the terms of the installment payment agreement, depending on the amount of the total liability.



How to Negotiate an IRS Installment Agreement and Set Up a Payment Plan for Your Tax Debt. The IRS encourages taxpayers to pay what they owe as quickly as possible. For those individuals or businesses not able to resolve a tax debt immediately, an installment agreement can be a reasonable payment option. Installment agreements allow for the full payment of the tax debt in smaller, more manageable amounts.

In most cases, the IRS will accept some type of payment arrangement for past due taxes. In order to qualify for a payment plan with the IRS you must meet the following rules and provide the IRS with this information:

• You must have filed all tax returns (It's OK to owe money but you must file).
• You will need to disclose all assets owned including all cash and bank accounts.
• You must not have adequate cash available in a checking, savings, money market, or brokerage account to pay the IRS.
• You must not have the capacity to borrow the amount owed to the IRS from other sources (i.e., a second mortgage on your home).
• You must not have adequate equity in a retirement account from which you can borrow or liquidate; for example, IRA's or 401K's.

The total dollar amount you owe usually dictates with whom the negotiations will be handled.

• Typically, IRS Revenue Officers are not involved in cases where the amounts owed are less than $25,000.
• The IRS will ask you to complete a personal financial statement and if a business is involved, you will also need a business financial statement.
• The IRS has determined allowable monthly expenses for individuals, which will be matched against your actual monthly expenses.
• The difference between your monthly income and your allowable monthly expenses will be the amount that the IRS will require you to pay on a monthly basis.

These monthly payments will continue until your outstanding tax liabilities are paid in full.

What the IRS May Not Tell You About Payment Plans. It is important to note that the IRS continues to add penalties and interest while you are making monthly payments. This may cause you to be paying what you consider a large monthly payment to the IRS and your outstanding balance may in fact be increasing due to additional penalties and interest. The IRS may not explain this to you! So be careful!

Additionally, for taxpayers that enter into an installment agreement, the IRS may require a signed waiver to extend the time IRS can collect. While it is always in the best interest of the IRS to get a signed waiver, it may not be in the taxpayer's best interest. If you are asked to sign a waiver, protect your rights, seek the advice of a tax resolution expert first.

The IRS in most cases, to protect their interest, will file a Notice of Federal Tax Lien, with the County Recorder's office in the county you reside. This will inevitably be reflected on your credit report decimating your credit (FICO) score. In addition a recorded Federal Tax Lien means the IRS has a monetary interest (claim) against all real and personal property owned (at time of filing) and any and all real or personal property acquired in the future while the lien is in effect. Generally, the lien is effective throughout the 10 year Collection Statute of Limitations.



The Benefits of Hiring Professional Tax Representation to Negotiate your IRS Payment Plan. Whether the IRS demands full payment up-front or a payment plan that is substantially higher than what you can afford to pay, a professional tax resolution specialist can help you negotiate an arrangement for the lowest possible monthly payment and also provide you with various options for making those payments.

Additionally, if you owe more than $10,000 to the IRS, you will be required to provide full financial disclosure and you will need to hire specialized tax representation to negotiate on your behalf with the IRS.

IRS Pledges Greater Flexibility to Help Distressed Taxpayers. Although the IRS is pledging to be kinder and gentler to taxpayers in these challenging times, you will still need to meet your installment payment requirements. However, the IRS has announced that they will try to be more flexible with taxpayers who miss an installment payment. "We need to ensure that we balance our responsibility to enforce the law with the economic realities facing many American citizens today," IRS Commissioner Douglas Shulman said. "We want to go the extra mile to help taxpayers, especially those who've done the right thing in the past and are facing unusual hardships."

If a taxpayer with an existing installment agreement is worried about missing a payment because of a job loss or other financial hardship, Shulman has assured the public that a missed payment will no longer lead to an automatic end to that agreement.

Additionally, the IRS has announced that it is more likely to forgive a missed payment and they've instructed staff to not automatically default someone who is having trouble.

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Article Tags: back taxes, delinquent taxes, installment agreement, IRS, irs installment agreement, payment plan, tax debt, tax professional, tax resolution



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