is it really necessary to have a lawyer when dealing with back taxes

by Prof. Kane Nolan Sr. 5 min read

If you owe back taxes you might think you need a tax attorney, but that's not necessarily always the case. Just like hiring a traditional accountant to try to resolve your tax debt might not be the best choice, hiring a tax attorney, who doesn't specialize in tax resolution might be the same thing.

Full Answer

How can a tax attorney help with back taxes?

Obtaining legal help with back taxes makes it easier and less stressful on the taxpayer that is corresponding with the IRS because a tax attorney has the experience and the knowledge to properly deal with the IRS. A tax attorney can help deal with back taxes in one or more of the following ways:

Do you owe back taxes to the IRS?

Taxpayers across the country owe back taxes to the IRS and shouldn’t go about the process on their own. Consulting with a tax attorney can mean the difference between resolving the issue and making it much worse. Back taxes are defined as taxes that are not paid when they are due to the IRS.

What are back taxes and how can you avoid them?

Back taxes are any taxes that you owe that remain unpaid after the year that they are due. Basically, if you let an entire filing year go by without paying the IRS what you owe, it’s considered “back taxes.”.

What are back taxes and how do they work?

Back taxes are defined as taxes that are not paid when they are due to the IRS. The more that a taxpayer withholds paying their taxes, the more money they are going to owe the IRS when they contact the taxpayer.

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Can back taxes be negotiated?

You CAN negotiate with the IRS on your back taxes. You can't get rid of them, but you can settle on an equitable, reasonable, or possible way for you to pay them off. The worst thing you can do at this stage is to ignore the whole thing, hoping the problem will go away.

Why do people hire lawyers when dealing with the IRS?

They can handle many different issues that you have with the IRS, helping you work out deals or remove levies and halt garnishments. Outside of IRS issues, a tax attorney can also prepare estate documents and set up trusts in order to keep your money safe for your next generation.

Do you need a lawyer to negotiate with IRS?

You have the legal right to represent yourself before the IRS, but most taxpayers have determined that professional help, such as specialized attorneys, accountants, or tax specialists who are experienced in helping taxpayers resolve unpaid tax debts can significantly impact your odds of reaching an acceptable ...

What is the best way to handle back taxes?

Here are some of the most common options for people who owe and can't pay.Set up an installment agreement with the IRS. ... Request a short-term extension to pay the full balance. ... Apply for a hardship extension to pay taxes. ... Get a personal loan. ... Borrow from your 401(k). ... Use a debit/credit card.

How much does it cost for a tax attorney?

Hourly Rate: The majority of tax attorneys charge by the hour. Every attorney will charge a different hourly rate, but most rates are between $200 to $400 per hour. Highly experienced attorneys or attorneys working in big firms in large cities can charge more than $1,000 per hour.

How do you get out of tax debt?

Fortunately, the IRS provides options for taxpayers to resolve their debt. There are many options to help reduce, and in some cases eliminate, tax arrears, ranging from filing or correcting a tax return to arrangements like penalty abatement, installment agreements, or offers in compromise.

How much will the IRS usually settle for?

Each year, the Internal Revenue Service (IRS) approves countless Offers in Compromise with taxpayers regarding their past-due tax payments. Basically, the IRS decreases the tax obligation debt owed by a taxpayer in exchange for a lump-sum settlement. The average Offer in Compromise the IRS approved in 2020 was $16,176.

Is there a one time tax forgiveness?

One-time forgiveness, otherwise known as penalty abatement, is an IRS program that waives any penalties facing taxpayers who have made an error in filing an income tax return or paying on time. This program isn't for you if you're notoriously late on filing taxes or have multiple unresolved penalties.

Is the IRS really forgive tax debt?

The IRS rarely forgives tax debts. Form 656 is the application for an “offer in compromise” to settle your tax liability for less than what you owe. Such deals are only given to people experiencing true financial hardship.

Who qualifies for the IRS Fresh Start Program?

Taxpayers who qualify for the program are those ready to pay their tax debt through installments paid over a specific time span, and decided based on a repayment structure. The other requisites for qualification are: Having IRS debt of fifty thousand dollars or less, or the ability to repay most of the amount.

How do you qualify for IRS forgiveness?

Who Is Eligible for IRS Tax Debt Forgiveness?A total tax debt balance of $50,000 or below.A total income below $100,000 (or $200,000 for married couples)A recent drop in income of over 25% for self-employed individuals.

Does IRS forgive debt after 10 years?

In general, the Internal Revenue Service (IRS) has 10 years to collect unpaid tax debt. After that, the debt is wiped clean from its books and the IRS writes it off. This is called the 10 Year Statute of Limitations.

Why is it better to address back taxes sooner?

Why it’s better to address back taxes sooner, rather than later. Tax debt caused by back taxes you owe are not easy to get away from. The IRS can garnish your wages, place levies on bank accounts and liens on your property. Trying to get far enough “off the grid” to avoid the IRS would be a stretch for most people.

What is back tax?

Back taxes are any taxes that you owe that remain unpaid after the year that they are due. Basically, if you let an entire filing year go by without paying the IRS what you owe, it’s considered “back taxes.”. It’s important to note that even taxes you don’t pay within a particular filing year already incur penalties and interest.

How are back taxes divided?

The total amount of back taxes you owe is divided into monthly payments set over a certain term. You negotiate with the IRS to determine how much you can afford to pay each month. It’s in your best interest to make the payments as big as possible so you can eliminate the back taxes as quickly as possible.

What happens if you don't pay taxes?

If you don’t pay the IRS on time, they don’t wait to act. Another crucial note is that not filing your taxes is not an effective way to avoid incurring back taxes. The IRS has a system set up known as the Information Returns Processing (IRP) system that flags taxpayers who don’t file.

Can you file a tax return if you didn't pay?

If you had a good reason why you didn’t file or didn’t pay what you owed when you filed, then you can apply for penalty abatement. This doesn’t reduce the back taxes you owe, but it minimizes the penalties applied to that debt. The IRS will either reduce or remove penalties if you’re approved for penalty abatement.

Do IRS penalties stop?

Penalties and interest assessments don’t stop just because you agree to pay the IRS back. Even as you make payments, new penalties are assessed each month that you have an outstanding balance. If you owe less than $10,000 you can apply for a simple installment agreement yourself through the IRS website. For those who owe more than $10,000 it’s ...

Can you prove you don't owe taxes?

The IRS is not likely to just decide that you don’t owe back taxes that were assessed. The only time this really happens is if you can prove you were the spouse of someone who owes back taxes, but that you had no knowledge. Innocent Spouse Relief is the rare allowance by the IRS that you don’t owe taxes they initially thought you were on ...

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