Presentation Outline



Similar documents
ONE-DAY SEMINAR OUTLINE

Avoid the IRS Maze When Representing Clients: Know How the IRS Works and What to Do When Representing Clients

Low Income Taxpayer Clinics (LITCs) 2012 Interim and Year-End Report General Information

AGOSTINO & ASSOCIATES, P.C. IRS Collections. Presented by : Frank Agostino

DET710. A Guide to Tax Resolution: Solving IRS Problems - 12 Hours

5/3/2015. Dealing with the IRS Collection Division. Eric L. Green. Discussion Topics

FORM 941/944 W2 / W / 1096

Small Business Seminar Offer in Compromise. Felicia Branch August 15, 2015

Taxpayer Bill of Rights Adopted June 10, 2014

How To Discharge A Tax Debt

Map to IRS Billing and Collections

The Nuts and Bolts of Handling a Pro Bono Tax Controversy Case. Presented by The ABA Section of Taxation

Discharging Taxes in Bankruptcy

Offer in Compromise (Doubt as to Liability)

IRS Procedures and Collection Remedies

IRS COLLECTIONS. The 2014 New England IRS Representation Conference. Presented at Foxwoods Resort and Casino. November 21, 2014

Offers in Compromise: Advocating for Victims of Payroll Service Provider Failures

IRS COLLECTIONS: HOW TO RESOLVE PROBLEMS

The IRS Collection Process Publication 594

The IRS Collection Process Keep this publication for future reference Publication 594

Offer in Compromise Program Updates

The IRS Collection Process: What You Need to Know to Advise Your Clients

Bankruptcy Filing and Federal Employment Taxes. Bad investments, too great an assumption of risk, circumstances beyond their control.

How To Get A Tax Credit From The Irs

TAXPAYER RIGHTS ACT OF 2015: SECTION-BY-SECTION SUMMARY

Contents. About This Book How To Use This Book Foreword Acknowledgments About the Author

The Examination Process. The IRS Mission

Legal Aid Society of Orange County Low Income Taxpayer Clinic

Usually, a low-income taxpayer receives several notices (sometimes as many as

Lifecycle of a Federal Tax Controversy

Discharging Taxes in Bankruptcy and. Avoiding Malpractice in the Process 9/29/2015

REPRESENTING THE CLIENT WITH AN IRS COLLECTION PROBLEM

DEALING WITH THE IRS BEFORE FILING BANKRUPTCY

Nevada Legal Services Low Income Taxpayer Clinic (NLS LITC) IRS Tax Collection: Process and Options

Practice before the U.S. Tax Court

Living the Dream -Live E-Seminar / Conference Call

WELCOME. Your Voice at the IRS. Taxpayer Advocate Service. Your Voice at the IRS

How To Pay Your Federal Taxes

LOW-INCOME TAXPAYER CLINIC (LITC) PRO BONO ATTORNEY INFORMATION

The IRS Collection Process Keep this publication for future reference Publication 594

BANKRUPTCY: THE SILVER BULLET OF TAX DEFENSE. Dennis Brager, Esq.*

Guide to IRS Collections

CREDIT COUNSELING REQUIREMENT

The IRS Resolution Guide for Owner-Operators

[How To Get out of a Bind]

BASICS OF COLLECTION. I. R. S. is back in the collection business to levels close to pre RRA 98

Federal Tax Issues in Bankruptcy A View From Your Friends at the IRS and DOJ

Automated Collection System (ACS)

IRS Tax Resolution. Course #5730B/QAS5730B Exam Packet

Matthew Von Schuch. Tax Attorney and CPA

Understanding IRS Collection Procedures

Don't go it alone* The IRS collection process. pwc. *connectedthinking. Introduction. IRS emphasis on increasing tax collection.

The IRS Collection Process

DEALING WITH THE IRS

TAX PROCEDURE (DN 893) ASSIGNMENT SETTLEMENT AGREEMENTS WITH THE IRS (DRAFT DATE - DECEMBER 8,, 2014) Table Of Contents

FORECLOSURE TAXATION

CHRISTMAN & FASCETTA, LLC FLAT FEE AGREEMENT AND HOURLY FEE PROVISIONS

The IRS Collection Process Keep this publication for future reference Publication 594

ADVISING CLIENTS WITH TAX TROUBLE. Kathy E. Harrington

Payment Alternatives When You Owe the IRS

Responding to IRS Notices

Form Arkansas Department of Finance and Administration Settlement or Compromise of Tax Liability

Collecting Back Taxes: The IRS Statute of Limitations Explained

Scheduled for a Public Hearing. Before the SENATE COMMITTEE ON FINANCE. on April 5, Prepared by the Staff. of the JOINT COMMITTEE ON TAXATION

Handling IRS Targeted Audits, Voluntary Disclosures and Reporting Foreign Assets. Presentation Roadmap

The IRS Collection Process

TAX PROCEDURE (DN 893) ASSIGNMENT INSTALLMENT AGREEMENTS WITH THE IRS (DRAFT DATE - DECEMBER 8, 2014) Table Of Contents

INTERNAL REVENUE SERVICE

Introduction to Taxpayer Representation

Special Report: IRS Tax Lien

TAX PROCEDURE (DN 893) ASSIGNMENT ESTOPPEL (DRAFT DATE - APRIL 3, 2014) Table Of Contents. Table Of Contents

MANDATORY BANKRUPTCY DISCLOSURE

Taxes and Bankruptcy

Federal Income Tax Advocacy for Domestic Violence Survivors

Innocent Spouse Relief (And Separation of Liability And Equitable Relief)

DETERMINING THE DISCHARGEABILITY OF UNSECURED INCOME TAX DEBTS BREAKING THE CODE OF THE IRS ACCOUNT TRANSCRIPTS

Chapter 7 Liquidation Under the Bankruptcy Code

Guide to IRS Collections. Tax Payment Options and Solutions. Offer in Compromise 4/30/2015

Advocating for Levy Release and Return of Levy Proceeds. Rev. 5/27/2014

REG Taxpayer Assistance Orders

T.C. Memo UNITED STATES TAX COURT. DANIEL RICHARD KURKA, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Maryland Association of CPA s Chesapeake Tax Conference September 20-21, 2012

Discharging Individual Taxes in Bankruptcy

The Taxpayer Advocate Service: Recent Developments in Taxpayer Advocacy

INTRODUCTION TO BANKRUPTCY CODE REMEDIES. 101 Overview Glossary Advantages and Disadvantages of Tax Remedies...6

American Bankruptcy Board of Certification Sample Exam General Bankruptcy Multiple Choice Total Time Two Hours

IRS Tax Account Analysis. Legacy Tax & Resolution Services, LLC. Resolution@hesthetaxman.com Fax:

INTERNATIONAL TAX CONTROVERSY

Offer in Compromise. Attach Application Fee and Payment (check or money order) here. IRS Received Date. (Rev. May 2012) Section 3

Williams Bankruptcy A Debt Relief Agency helping people eliminate debt and obtain relief under Chapter 7 of the Bankruptcy Code

INTRODUCTION TO BANKRUPTCY CODE REMEDIES. 101 Overview Glossary Advantages and Disadvantages of Tax Remedies...

The CNMI Division of Revenue and Tax s Collection Process Keep this publication for future reference

TAX CONTROVERSY TOOLKIT

USING BANKRUPTCY TO PROVIDE RELIEF FROM TAX DEBT

by Keith L. Rucinski 18 Ohio Lawyer March/April

First, Don't Panic - Payment Alternatives When Your Client Cannot Pay In Full. Presented by Claudia Hill, EA or Frank Degen, EA On Behalf of NAEA

Statement of Colleen M. Kelley National President National Treasury Employees Union H.R. 4735

The Government Accountability Office (GAO)

CDP Balancing Test: Advocating for your client before the IRS Office of Appeals in Collection Due Process Hearings (edited transcript)

Transcription:

Presentation Outline Saturday 9:00 am 9:45 am A. Debt and the Discharge of Indebtedness 1. IRC 61, 108, 1017; and Regulations thereunder. 2. Exclusions. 3. Exceptions. 4. Mortgage Debt Relief Act of 2007. 5. Definition and Examples. 6. Bifurcation of Transaction. 7. Form 1099-C and Form 982. 8. Reduction of Tax Attributes. 9:45 am 10:30 am B. Federal Tax Liens, Levies & Seizures. a. What is FTL? b. Liens vs. Levies. c. Property Subject to Liens. d. Priority. e. Recording. f. Self-Releasing. g. Actual Knowledge. h. Extinguishing FTLs. i. Execution of Levy. j. Exemptions. k. Continuous Levies. _

Page 2 of 8 l. Foreclosing Liens. m. Effect of OICs and IAs. n. Appeals. BREAK: 10:30 am 10:45 am 10:45 am 11:45 am C. Discharging Taxes in Bankruptcy 1. Chapter 7. 2. Chapter 13. 3. Secured Tax Debts. 4. Unsecured Tax Debts. 5. Priority Tax Debts. 6. No Discharge Tax Debts. 7. Dischargeable Tax Debts. 8. Tolling. 9. Substitutes for Returns. LUNCH: 11:45 am 1:00 pm 1:00 pm 2:00 pm Discharging Taxes in Bankruptcy (cont d) Summarizing treatment of various tax debts in bankruptcy; typical scenarios. Q&A for Discharging Taxes in Bankruptcy and Live Demonstration of www.taxdischargedeterminator.com _

Page 3 of 8 D. Trust Fund Recovery Penalty 1. TFRP What is it? 2:00 pm 3:00 pm a. IRC 6672, and Federal Tax Regulations 301.6672-1 i. Definition of Trust Fund Taxes. ii. Section 6672. iii. iv. Sole proprietors, partnerships, single-member LLCs. Calculating the TFRP. b. Who Are Responsible Persons? i. Responsibility. ii. Willfulness. c. Procedural Matters. i. Statute of Limitations. Forms and Procedures. ii. iii. iv. Investigations. Protesting Proposed Assessments. Litigation. d. Planning Options, Malpractice Avoidance. i. Designated Payments. ii. Businesses in-business. E. Undoing Joint Liability. 3:00 pm 3:30 pm 1. Section 6015: Joint and Several Liability. 2. Section 6015(b): Innocent Spouse. 3. Section 6015(c): Taxpayers No Longer Married or Living Apart. _

Page 4 of 8 4. Section 6015(f): Equitable Relief. 5. Injured Spouse. Break: 3:30 pm 3:45 pm F. IRS Organization Overview 3:45 pm 4:00 pm 1. Organizational Structure and RRA 1998. 2. Exam Division ( Revenue Agents ). 3. Collections Division ( Revenue Officers ). 4. Office of Appeals; Ex Parte Rules. 5. National (and local) Taxpayer Advocate. 6. Research materials: www.irs.gov; Internal Revenue Code and Regulations; Internal Revenue Manual. 4:00 pm 5:30 pm G. Dealing with IRS Collection Division 1. General Background Information. a. Statute of Limitations (audit and collections); tolling. b. Designated Payments. c. Estimated Tax Payments. 2. Installment Agreements. a. The CP letters. b. The Financial Disclosure Statements forms (433-A, B, F). c. Compliance Requirement. 3. Taxpayer Advocate Service (TAS). _

Page 5 of 8 4. Collection Due Process (CDP) Hearings. 5. Multi-Year Non-Filers. a. General Background Information. b. Timely CDP Requests vs. Equivalency Hearings. c. Effect on SOL, Tolling for bankruptcy. Sunday 9:00 am 10:00 am 6. Requesting Installment Agreements. 7. In-Business Trust Fund Installment Agreements (IBTFA). 8. Effect of an Installment Agreement. H. Penalties 1. General Matters. 10:00 am 10:30 am 2. Assessable Penalties; Penalties subject to Deficiency Proceedings; Stand Alone Penalties. 3. Late Filing and Late Payment Penalties. 4. Accuracy-Related Penalties. 5. Reasonable Cause & Good Faith (Section 6664). 6. Civil Fraud Penalties. 7. Reliance on Professional Advice. 8. Appeals. 9. Other Penalties (Preparer; International; FBAR).

Page 6 of 8 I. Offer in Compromise 10:30 am 12:00 pm 1. Legal Authority (IRC 7122 and Regulations 301.7122-1). 2. Types of Offers. a. Doubt as to Liability. b. Doubt as to Collectibility. c. Effective Tax Administration. 3. Forms and Procedures. Collection Information Statements. 4. Determining Amount to Be Offered. 5. Other Requirements. 6. Appealing Denied OICs. 7. Miscellaneous Issues. Working Lunch: 12:00 pm 1:00 pm J. Circular 230 and Q&A 1. General Background Information. 2. Obligations of Representatives. 3. Fee Arrangements. 4. Conflicts of Interest. 5. Advertising. 6. Accuracy and Truthfulness.

Page 7 of 8 K. United States Tax Court 1:00 pm 1:30 pm 1. General Background Information. 2. Subject Matter Jurisdiction. 3. Timelines. 4. Strategies. 5. Sample Petition, Answer and other common pleadings. L. Game Plans 1. Multi-Year non-filer. a. Full Pay or Never Pay? b. MFJ or MJS? 1:30 pm 2:30 pm c. Request W&I and ATs (SFR?) 866-860-4259 #3. d. Accurate or Estimate? e. Start immediate ES or W/H. f. Enter into IA. g. Wait 8 months before OIC (protect future chapter 7 or 13). 2. Large Payroll Taxes Owed by Corporation. a. Determine amount of TFRP. b. If no IRS involvement, gather assets to make designated payments c. Start sole prop (new EIN, new bank accounts, new location, new w-4s, new name, new phones/fax, new web site, new new new. d. Get low end appraisal of company assets (include intangibles). e. Personally purchase necessary assets with cash or note. _

Page 8 of 8 f. Corp s employees continue to be paid by corporation as it collects its receivables but are working for sole prop. g. Over time, corp s A/R is collected and sole prop s A/Rs build. h. Continue with designated payments, stay compliance, pay TFRP. 3. Other Scenarios (TBD) _