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Faq
Can a tax attorney really help?
Yes. An attorney who practices in this area is going to be aware of the laws and the procedures that Revenue officers and other IRS employees have to follow when they're dealing with taxpayers.
IRS officers use the Internal Revenue Manual that is very long and detailed for every different procedure. This manual governs the way IRS officers handle IRS cases. Also, the Internal Revenue Code and regulations apply to IRS cases as well. These are also complex and very long. A knowledgeable tax attorney who is aware and regularly practices in the area of tax resolution can save taxpayers thousands of dollars.
Check out the full answer: Can a tax attorney really help?
What kind of expertise and experience do you have?
Tony: I have practiced law since 1976, and even though I have had other businesses, I never stopped practicing law. For five years I was in the real estate syndication business, plus I started and owned a couple of other businesses. This has helped me understand the life of the small business owner and their stresses and problems.
In the recent past, I have focused full-time on IRS debt resolution whereas earlier in my law career I had other areas I worked in like, bankruptcy, real estate, and immigration law.
Read more: Meet the attorney, Tony Ramos, and Meet the team
What is a Notice of Intent To Levy?
A Notice of Intent to Levy is one of the most serious letters you can receive from the IRS. In simple terms, it is the IRS's final, formal warning that they are preparing to legally seize your assets to satisfy an unpaid tax debt.
A levy is different from a lien. A lien is a legal claim against your property, which affects your ability to sell it and damages your credit. A levy is the actual seizure of your property. This can include:
- Draining funds from your bank accounts.
- Garnishing a significant portion of your wages directly from your employer.
- Seizing personal property like your car, or even your home.
The good news is that receiving this notice does not mean a levy is immediate. You typically have a 30-day window from the date on the letter to either pay the debt in full, set up a payment plan, or appeal the decision.
This notice is a critical call to action. Ignoring it will almost certainly lead to the seizure of your assets. However, it is also your final opportunity to proactively resolve your tax problem before the IRS takes these aggressive collection actions. An experienced tax attorney can intervene on your behalf during this 30-day period to protect your assets and negotiate a workable solution.
See the full post: "3 Things You Should Do Immediate...
What is Penalty Abatement?
Penalty Abatement is the process of formally requesting that the IRS remove—or abate—penalties that have been added to your tax debt. Penalties for things like failing to file on time, failing to pay on time, or failing to deposit certain taxes can add thousands of dollars to your original bill, making it even harder to get out of debt.
However, the IRS may agree to remove these penalties if you can show you had a "Reasonable Cause" for not meeting your tax obligations.
Simply not having the money is not considered a reasonable cause, but other legitimate circumstances often qualify.
Valid reasons for requesting a penalty abatement may include:
- Death, serious illness, or significant disability of the taxpayer or an immediate family member.
- A natural disaster, fire, or other serious event that destroyed your records or ability to file/pay.
- Receiving incorrect advice from a tax professional or even the IRS itself.
- Inability to obtain necessary records for reasons beyond your control.
Successfully abating penalties requires building a strong, well-documented case that persuades the IRS your situation meets their criteria.
While interest charges are rarely abated, removing the underlying penalties can significantly reduce the total interest you owe. This is a complex area of tax law where the knowledge and experience of a tax attorney can be invaluable in presenting your case for the best possible outcome.
Learn more: Abatement of Penalties & Interest
How far back can the IRS audit?
So the general rule is three years. And incidentally, people are limited to the three years to claim a refund.
What are some early warning signs that I might be audited soon?
There are no real warning signs, but you'll get a notice from the IRS that you're under audit.
However, if you take risky deductions, which is something that your tax preparer maybe shouldn't be so aggressive about, or if from one year to the next, he totally changed the way you're reporting different items that might trigger an audit.
How long do IRS audits last?
Well, they are all over the place. Some audits are simple, while other are more complicated. I've seen some audits take a couple of years others that take three months. So it's an impossible question to answer, but usually they take longer than you think.
Help! The IRS sent me a Notice of Intent To Levy. Now what?
A surprise notice from the IRS can quickly derail your plans, both in business and personally.
But how should you respond?
What can you do to get the IRS to take you seriously, offer you a reasonable path to relief, and give you the best possible deal?
Today, you’ll learn exactly what to tackle when it comes to IRS tax debt to reduce IRS pressure. You already know you need to settle. Here’s how to start making progress toward that goal.
We’ll start things off with the 4-5 notices the IRS sends you about 5 weeks apart which let you know they are about to levy. Here's the good news you should know:
The IRS must send you several notices before seizing your assets.
See full post: "3 Things You Should Do Immediately When The IRS Sends You “Notice of Intent to Levy”
I can't afford to pay the IRS, so how could I afford hiring a tax attorney?
Fixed fees. I recommend hiring an attorney that charges you a set fee for services rather than an hourly rate. My experience is that clients want to know exactly what the attorney is going to charge rather than being surprised with a higher than expected legal bill because the attorney spent more time than predicted. Clients can’t decide if they can afford to pay their attorney if they don’t know how much the legal fees will be!
See more: How can I afford a tax attorney?
Have you handled a situation similar to mine before?
Almost certainly, yes.
I began practicing law in 1976 and have focused my practice exclusively on IRS debt resolution for over 20 years. In that time, I have personally handled thousands of cases for individuals and small businesses across Texas.
While every client's story is unique, the types of problems people face with the IRS follow predictable patterns.
Over the last four decades, I have successfully helped:
- Small business owners struggling with payroll tax debt and the threat of business closure.
- Individuals who fell behind on taxes due to divorce, illness, or job loss.
- Contractors and self-employed professionals facing audits and complex income verification issues.
- Families terrified of losing their homes to an IRS lien or having their bank accounts levied.
My experience isn't just in law; I've also owned and operated other businesses.
This gives me a firsthand understanding of the stresses and pressures that small business owners face.
This unique combination of legal expertise and real-world business experience allows me to craft effective strategies that are grounded in reality.
So, while the specifics of your situation are personal to you, it is very likely that I have seen the core elements of your case many times before. I have successfully navigated these issues for thousands of clients, bringing them control over the situation and peace of mind. The best way to know for sure is to discuss your case with me directly.
Read more: Meet the attorney, Tony Ramos
What would you say to those whom the IRS has audited but have no receipts?
Sometimes you don't need receipts, but generally you will need to provide them.
What is IRS Notice 1450 all about?
The IRS has started sending Notice 1450 with its correspondence to taxpayers.
You may be wondering why the IRS has sent you this notice.
The IRS is encouraging taxpayers to use their personal online account at irs.gov.
This is because the IRS is so understaffed and is not answering a great majority of phone calls at this time. If you can open your own account at irs.gov, then you will relieve IRS personnel trying to answer phone calls.
Notice 1450 encourages you to set up an online account at irs.gov. Here are the benefits to you when you have your own account.
1. Manage communication preferences
2. View your balance
3. View or create payment plans
4. Make and view payments
5. Access tax records
6. View tax pro authorizations
Here is a copy of the Notice 1450 recently received by one of my clients.
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