| Most taxpayers file tax
returns and pay what they owe on time. If a
taxpayer does not pay, the Internal Revenue
Service sends the taxpayer a bill. This
begins the collection process. Along with
the bill, which is called a notice, the IRS
automatically sends Publication 1, Your
Rights as a Taxpayer, and Publication 594,
Understanding the Collection Process. These
publications explain the various options and
rights taxpayers have in dealing with the
IRS. Every taxpayer
has the right to prompt service and to be
treated fairly, professionally, and
courteously by IRS employees. The IRS has
trained its collection personnel to ensure
that taxpayer rights are protected and
respected according to the Internal Revenue
Code and the Taxpayer Bill of Rights.
Taxpayers who are unable
to pay what they owe and those taxpayers who
question the accuracy of their tax bill
should contact the IRS as soon as possible.
Taxpayers may call, write, or visit the IRS:
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Call the phone number
on the bill or 1-800-829-1040.
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Write to the office
that sent the bill at the address on
the bill.
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Visit the nearest IRS
office.
Some taxpayers believe
they cannot pay what they owe. However,
taxpayers should consider liquidating assets
(such as bank accounts, financial investment
accounts, cars, boats, real estate, life
insurance, 401(k) plan, etc.) in order to
satisfy their accounts. Taxpayers should
also attempt to get a loan, if possible, to
pay what they owe. Loan costs may be lower
than the combination of interest and
penalties imposed by the Internal Revenue
Code. To see an example, see How Full
Payment of Taxes Saves Money on this Web
site.
When a taxpayer believes their bill is
inaccurate, they should contact the IRS to
discuss why they disagree with the
bill. Taxpayers may call, write, or visit
the local office for assistance.
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Individuals may call
1-800-829-1040.
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Business taxpayers
may call 1-800-829-4933.
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Practitioners may
call the Practitioner Priority
Service at 1-866-860-4259.
In order to assist the IRS
in resolving a problem, taxpayers should
include a copy of the bill with any
correspondence. Taxpayers may also provide
copies of any documentation necessary to
help the IRS resolve the
disagreement. (Taxpayers should retain their
original documents and provide copies to the
IRS.) Documentation may allow the IRS to
adjust the account to resolve the disputed
bill. Documentation can include copies of
records or other information such as
canceled checks or money orders.
The IRS recognizes that sometimes taxpayers
are unable to pay. Taxpayers who are unable
to pay what they owe should contact the IRS
as soon as possible. There are a number of
payment solutions the IRS may be able to
offer to the taxpayer including:
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Extension of Time to
Pay — Taxpayers may be eligible for
a short extension of time to pay of
up to 120 days. Taxpayers should
request an extension if they would
be able to pay their taxes in full
within the extended timeframe.
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Installment Agreement
— In 2004, the IRS permitted 2.5
million taxpayers to pay their tax
bills in monthly
payments. Installment agreements
paid by direct deposit from a bank
account or payroll deduction from
wages will help avoid agreement
default by ensuring timely payments
and will reduce the burden of
mailing payments and save postage
costs.
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Delaying Collection —
If the IRS determines that a
taxpayer is unable to pay, it may
delay collection until the
taxpayer's financial condition
improves.
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Offer in Compromise —
Some taxpayers are able to settle
their tax bill for less than the
amount they owe by submitting an
Offer in Compromise (OIC). However,
the criteria for accepting an offer
are strict and relatively few offers
are accepted each year.
During the collection
process, even if a taxpayer works out a
payment solution with the IRS, the IRS may
have to file a Notice of Federal Tax Lien to
secure the government’s interest. The lien
is required by law to establish priority as
a creditor in competition with other
creditors in certain situations, such as
bankruptcy proceedings or sales of real
estate. Once a lien is filed, it may appear
on a taxpayer’s credit report and it may
harm a taxpayer’s credit rating. Therefore,
it is important that a taxpayer work to
resolve a tax liability as quickly as
possible, before lien filing becomes
necessary. Once a lien is filed, the IRS
generally cannot issue a Certificate of
Release of Federal Tax Lien until the taxes,
penalties, interest and recording fees are
paid in full.
When the IRS sends a bill
to a taxpayer, if the taxpayer does not
respond to the first notice or subsequent
notices, the account becomes
delinquent. Delinquent accounts may be
turned over to the Automated Collection
System (ACS) or to the Collection field
function. ACS personnel will contact the
taxpayer by telephone to attempt to work out
an agreeable payment solution. If the
delinquent account requires field contact, a
revenue officer will try to resolve the
account with the taxpayer.
IRS employees want to help
taxpayers work out an appropriate payment
solution. If the taxpayer does not
cooperate, the IRS may take enforced
collection action. Enforcement action could
include serving a notice of levy to attach
taxpayer income or assets such as bank
accounts. In some cases, the IRS will take
enforcement action by seizing and selling
property. The IRS takes these actions only
after giving the taxpayer an opportunity to
voluntarily pay the debt, make arrangements
to pay, or supply information to show that
payment would create hardship.
If the IRS pursues enforcement action, the
taxpayer still has options. After the IRS
files a Notice of Federal Tax Lien, and
prior to the Service initiating levy action,
a taxpayer is given the opportunity to
request a hearing with the Office of
Appeals. The taxpayer also has a right to
appeal certain other collection actions. For
example, if the taxpayer’s request for an
installment agreement is denied, the
taxpayer has a right to appeal that
determination. Each taxpayer subject to
enforcement action receives Publication
1660, Collection Appeal Rights. This
publication explains a taxpayer’s right to
make an appeal and the procedures for
requesting an appeal.
At any time before or
during collection action, a taxpayer who
believes a pending collection action will
create a significant hardship may apply for
relief by submitting Form 911, Application
for Taxpayer Assistance Order (ATAO). The
Office of the Taxpayer Advocate will review
the application, and if appropriate, take
steps to resolve the taxpayer’s problem with
the IRS to relieve the hardship.
Taxpayers will find an
abundance of helpful information on the Web
site. The site offers various search options
including keyword searches and tax forms and
publications are available on line. Find
information about filing and paying taxes by
entering the keywords: filing late or paying
late.
The IRS encourages
taxpayers to pay what they owe as quickly as
possible. Taxpayers may pay taxes by
electronic funds transfer, credit card,
check, money order or cash according to the
following procedures:
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Taxpayers should take
advantage of the Electronic Federal
Tax Payment System (EFTPS) to pay by
electronic funds transfer or credit
card. See Publication 966, Web site
www.eftps.gov or call
1-800-555-4477 or 1-800-945-8400.
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Taxpayers may also
initiate a credit card payment,
without enrolling in EFTPS, through
either one of two official vendors:
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Taxpayers may pay by
check or money order payable to the
United States Treasury (or U.S.
Treasury) either in person or
through the mail.
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Taxpayers should only
pay by cash during an in-person
transaction with an IRS
employee. Taxpayers should not send
cash through the mail.
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