TaxSOS.com Tax Problems Blog

October 18, 2017

California Department of Tax and Fee Administration – New

Filed under: California Department of Tax and Fee Administration — Administrator @ 1:43 pm

California Department of Tax and Fee Administration (CDTFA)

Beginning July 1, 2017, the CDTFA will assume all previous statutory tasks of the State Board of Equalization, and will perform administrative functions for the Board. The CDTFA will report to the California Government Operations Agency.

The Taxpayer Transparency and Fairness Act of 2017, which took effect July 1, 2017, restructured the State Board of Equalization and separated its functions among three separate entities to guarantee impartiality, equity, and efficiency in tax appeals, protect civil service employees, ensure fair tax collection statewide, and uphold the California Taxpayers’ Bill of Rights.

The State Board of Equalization (Board, BOE) will continue to perform the duties assigned to it by the state Constitution, while all other duties will be transferred to the newly established California Department of Tax and Fee Administration and the Office of Tax Appeals.

The California Government Operations Agency is coordinating the transition of the restructure of the BOE and the establishment of the California Department of Tax and Fee Administration.

See the CDTFA organizational chart effective July 1, 2017

THE STATE BOARD OF EQUALIZATION:

The Board, which is headed by a five-member board, will remain independent from any agency, and will retain its constitutional responsibilities, including reviewing, equalizing, or adjusting property tax assessments, assessing taxes on insurers, and assessing/collecting excise taxes on alcoholic beverages. The administration over all other tax and fee programs will be transferred to the California Department of Tax and Fee Administration.

Read more HERE

September 21, 2017

Installment Agreements and streamlined installment agreements – Taxpayers are entering into agreements they cannot afford

Filed under: IRS Abuse, Misuse, and Taxpayer Rights Violations — Administrator @ 1:46 pm

The Taxpayer Advocate (September, 2017) has posted concerns about the disturbing long term effects on taxpayers entering into installment agreements that prevent them paying basic living expenses. The following are key points:

1. Taxpayers are routinely entering into and making payments on installment agreements despite having monthly income lower than their Allowable living Expenses.

2. Collection alternatives (e.g., Offer in Compromise, installment agreement, currently not collectible), should be designed to set a taxpayer up for success in meeting tax obligations. This includes paying current taxes.

3. The IRS Allowable Living Expenses do not adequately capture all necessary expenses.

4. Installment agreements are the most common collection alternative for taxpayers.

5. Installment agreements that disregard the taxpayer’s ability to pay AND meet basic living expenses, is an agreement set up for failure.

6. The “streamlined” installment agreement is the most frequently used form of installment agreement (in fiscal year 2014, 94.9 percent of installment agreements were streamlined; in fiscal year 2016, 84.4 percent of installment agreements were streamlined).

7. Using a Streamlined installment agreement means that there is NO financial analysis and NO application of the Allowable Living Expense “standards”. The IRS simply divides the balance due by 72 or even 84 months. As a consequence, the required monthly payment bears no relationship to what the taxpayer can actually afford to pay.

8. Disturbing long term effects – study found that 40 percent of all taxpayers who entered into installment agreements in 2014 had income levels below their Allowable Living Expenses – meaning those taxpayers could not meet their basic living expenses.

9. Over 400,000 taxpayer accounts in the study qualified for Currently Not Collectible. Thus, payments to the IRS created economic hardship. The taxpayer making payments were thus foregoing basic living expenses (such as utilities, food and a place to live).

10. The study found that taxpayers who had gone through a financial analysis (through the Advocates Office) to determine if the taxpayer could actually afford the streamline installment agreement payments (without foregoing basic living expenses) had a lower default rate than taxpayers who had not. During this financial analysis, consideration wass given to: the ability to pay basic living expenses, whether there is sufficient withholding to make sure current taxes are full paid, and that self-employed persons have sufficient income to make their estimated tax payments. Read More Here

IRS Corruption – Deep State

Filed under: IRS Abuse, Misuse, and Taxpayer Rights Violations — Administrator @ 10:31 am

Justice Dept refuses to open IRS Corruption Criminal Conduct investigation – Lerner / IRS deliberately targeted political opponents .. FBI, Justice Dept. Collaborated with IRS to prosecute groups illegally …

in video approx 7:48
Inside Judicial Watch: JW’s Battles Against the Deep State

September 20, 2017

IRS Allowable Living Expense Standards Do Not Provide Taxpayers With a Sustainable Standard of Living

The Taxpayer Advocate (August, 2017) has made findings as to the method the IRS uses to determine the amount of basic living expenses it should take into account concerning payment of tax debt over time. The following are the key points:

1. Congress directed the IRS to make sure taxpayers who enter into offers in compromise still have enough money to cover their basic expenses.

2. Congress told the IRS to “develop and publish schedules of national and local allowances designed to provide that taxpayers entering into a compromise have an adequate means to provide for basic living expenses.”

3. The IRS Allowable Living Expenses (ALE) standards have come to play a large role in many types of collection cases (e.g., non-streamlined installment agreements, claiming economic hardship… ).

4. ALE standards are used by the IRS to calculate a taxpayer’s monthly expenses, which in turn affects the resolution of the taxpayer’s case because it reflects how much he or she can afford to pay the IRS. ALEs cover common expenses such as food, clothing, transportation, housing, and utilities.

5. The Taxpayer Advocate identified the following problems with the current ALE standards:

a. “The standards are based on what taxpayers pay, not what it costs to live. And since many of the IRS standards are based on average expenditures, there is a chance the taxpayer’s expense is greater than the survey average.”

b. “Spending habits are not consistent over income levels. For instance, while housing costs now account for about 25 percent of a family’s pre-tax income, among low income renters, some may spend up to half of their pre-tax income on rent.”

c. “The ALE standards are outdated and should include all expenses necessary to maintain the health and welfare of households today, including an allocation for digital technology access, child care, and retirement savings.”

d. “The IRS decreased the amounts for some of the expenses in 2016 based on its belief that expenses are going down. This was done despite the fact that the IRS and TAS reached a joint agreement in 2007 saying “the allowance amount for any ALE category cannot be decreased unless something economic changes significantly, such as a major sustained recession or depression.” Even with TAS’s concerns with the IRS decision last year, the IRS again decreased ALE standards in 2017. All of our research shows that costs are going up. More importantly, the average taxpayer is facing more financial strain.”

e. “Until there is improvement, the ALE standards won’t truly capture what it costs for a taxpayer to pay for basic expenses. And any taxpayer who is unable to resolve their tax debt will be vulnerable to IRS collection action otherwise prohibited by Congress.”

Read More HERE

September 19, 2017

IRS Telephone Impersonation Phone Scam – Still in the Dirty Dozen. Taxpayers to remain alert and Report.

Filed under: IRS Levy and Tax News — Administrator @ 10:41 am

For over 10 years, the IRS has provided on its web site the “Dirty Dozen” of tax scams. The IRS telephone impersonation scam is again included in the IRS’s 2017 “Dirty Dozen” list.

The Treasury Inspector General for Tax Administration Semiannual Report to Congress (October 1, 2016 – March 31 2017) advises that between October, 2013 and March 31, 2017, the Treasury Inspector General for Tax Administration logged more than 1.9 million contacts from taxpayers who reported that they had received telephone calls from individuals who claimed to be IRS employees.

During these telephone impersonation calls, the impersonators told the victims that they owed additional tax and that if they did not immediately pay they would be arrested, lose their driver’s licenses, or face other adverse consequences.

The scam involves substantial monies. As of March 31, 2017, the TIGTA reports that more than 10,300 victims reported that they had paid the impersonators a total amount in excess of $55 Million.

Although almost every State has victims, the top five states where victims suffered financial losses are: California, Florida, Illinois, New York, and Texas.

In addition to investigations, the TIGTA has developed other steps to counter this scam and protect taxpayers. Such have included identifying the impersonation scam telephone numbers and requesting the telephone carrier to take shut the number down; posting the scam-related telephone numbers on the Internet so that potential victims could search to determine if the call they received was part of the scam; and a TIGTA auto-dialer to call back the impersonators with a message ordering them to stop their criminal activity (occupied the impersonators time and telephone lines).

Technology is being looked at to stop the spoofed calls. In one situation almost two million calls were blocked that had been spoofed to appear as though the calls were being made from the IRS.

The companies used by the impersonators to monetize the scam have been cooperative in using techniques to help warn consumers. For example, when a prepaid debit card is purchased, there is a fraud warning that now appears on the signature screen. MoneyGram has placed banners on its kiosks advising customers “that if they have been told to pay their taxes by MoneyGram, it is a scam and they should not proceed with the transaction”. iTunes cards have been used by the impersonators as a means of cashing in on the fraud about 70 to 80 percent of the time. Nationwide, distribution of warning messages have been made at grocery and convenience stores.

TIGTA is continuing to urge taxpayer to remain on HIGH ALERT.

If you believe you have been a victim of an IRS Impersonation Scam, you can fill out a form at the TIGTA website. The link is here:

https://www.treasury.gov/tigta/contact_report_scam.shtml

A copy of the Treasury Inspector General for Tax Administration Semiannual Report to Congress (October, 2016 – March 31 2017) is HERE.

===
Note: The TIGTA website Alert, as of September, 2017, states the following:
“As of June 13, 2016, TIGTA has received additional information that callers impersonating Internal Revenue Service (IRS) or Treasury Department employees are demanding payments not only on iTunes Gift Cards but on other gift cards as well. Scam callers may also request payment of taxes on Green Dot Prepaid Cards, MoneyPak Prepaid Cards, Reloadit Prepaid Debit Cards, and other prepaid credit cards. These are fraudulent calls.’
“As a reminder, any call requesting that taxpayers place funds on an iTunes Gift Card or other gift cards to pay taxes and fees is an indicator of fraudulent activity! No legitimate United States Treasury or IRS official will demand that payments via Western Union, MoneyGram, bank wire transfers, or bank deposits be made into another person’s account for any debt to the IRS or Treasury. Hang up on these fraudulent callers and go to the TIGTA scam reporting page to report the call. …”

September 14, 2017

Government Corruption – ATF

Filed under: IRS Abuse, Misuse, and Taxpayer Rights Violations — Administrator @ 10:38 pm

ATF got raided – slush fund – government corruption.
Read here

September 13, 2017

Only the “little” people get prosecuted

Filed under: IRS Abuse, Misuse, and Taxpayer Rights Violations — Administrator @ 9:59 am

Top IRS Official not prosecuted for crimes. Listen to Judge Nepolitano:

http://video.foxbusiness.com/v/5571976724001/?#sp=show-clips

September 6, 2017

Federal Payment Levy Program: The New IRS Automated Levies on Military Retirement Payments May Be Harming Veterans Experiencing Economic Hardship.

Federal Payment Levy Program: The New IRS Automated Levies on Military Retirement Payments May Be Harming Veterans Experiencing Economic Hardship.

The Taxpayer Advocate has reported on the above in a two part series.

The Taxpayer Advocate expressed concerned about a recent IRS change in its policy regarding adding military retirement payments as a payment stream to the Federal Payment Levy Program. Under this program, an automated system identifies taxpayers with unpaid tax liabilities who receive certain payments from the federal government. A continuous levy for up to 15% of federal payments due these taxpayers can be made for the unpaid federal liabilities.

This IRS policy change has not been widely publicized.

The Taxpayer Advocate states, in part:

“I am deeply concerned that the IRS has decided to target retired service members, not long after recent military engagements in Iraq and Afghanistan have decreased in intensity. Serving in the United States Armed Forces requires years of tremendous sacrifice, challenging and dangerous assignments, frequent moves across the country, long separations from family, and fairly meager pay. Whether viewed as the sole means of income or a reward from the U.S government for serving 20 years in the Armed Forces, a service member’s retirement pay should not be considered another automatic FPLP funding stream.”

The Taxpayer Advocate advises that the IRS’s data provided as justification for its actions are inaccurate and misleading.

The Taxpayer Advocate concludes in stating:

“…I therefore find it baffling that he IRS refuses to apply the LIF [Low Income Filter] to military retirees who may be experiencing economic hardship.

… I am disappointed the IRS has refused to adopt the recommendation to run all military retirees through the LIF [Low Income Filter] and believe its failure to do so will cause the agency to issue a significant number of levies it will be required by law to release because of the taxpayer’s economic hardship.

… military retirees are an easy target for the IRS because retirement benefits are an easily identifiable levy source. By cherry-picking retired service members’ pensions for automated levies without taking into consideration individual taxpayers’ facts and circumstances, the IRS violates these taxpayers’ right to fair and just tax system, right to be informed, and right to quality service. (See Taxpayer Bill of Rights (TBOR)).”

You can read the Taxpayer Advocate two part series HERE.

September 3, 2017

THE IRS TRUST FUND RECOVERY PENALTY – AN OVERVIEW OF IRS INTERVIEW FORM 4180 AND THE INVESTIGATIVE PROCESS IN DETERMINING YOUR PERSONAL LIABILITY.

Filed under: Trust Fund Recovery Penalty — Administrator @ 2:35 pm

THE IRS TRUST FUND RECOVERY PENALTY – AN OVERVIEW OF IRS INTERVIEW FORM 4180 AND THE INVESTIGATIVE PROCESS IN DETERMINING YOUR PERSONAL LIABILITY.

The following summarizes guidelines which Revenue Officers and Managers are to follow in targeting potentially responsible persons. (The source is the Internal Revenue Manual ). Both Civil and Criminal liability exposure exists. …

THE TRUST FUND RECOVERY PENALTY – AN ALTERNATIVE COLLECTION TOOL:

The Trust Fund Recovery Penalty is based upon IRC section 6672 and serves as an alternative means for the IRS to collect unpaid trust fund taxes when the taxes are not fully collectible from the business that failed to pay the withheld taxes. (IRM 5.7.4.1.1).

The IRS uses form 4180 (a copy is here ) as part of the procedures for investigation, recommendation and approval of the Trust Fund Recovery Penalty against individuals who are potentially responsible for the non-payment of the business trust fund taxes.

IRS INITIAL CONTACT WITH POTENTIALLY RESPONSIBLE PERSONS:

During the initial contact with the taxpayer, the revenue office will attempt to conduct interviews with potentially responsible persons. Read More Here

September 2, 2017

Sample IRS letter to taxpayer when collection case assigned to private debt collector

Filed under: IRS Levy and Tax News, IRS levy and wage garnishment — Administrator @ 3:15 pm

Sample letter to taxpayer when collection case assigned to a private debt collector at IRS
linK: IRS

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