IRS Hardship position — "Currently Not Collectable" What Does…

Resolution of a debt to the IRS can be achieved by different methods; the obvious one is complete payment. If one cannot complete pay or believes the debt is bogus, other method are obtainable. Installment Agreements may be negotiated. Abatements are possible if reasonable cause can be established. Filing corrected returns may be an option. The Offer-in-Compromise is obtainable if one qualifies. However, if one cannot pay or qualify for another program; the permanent hardship or “Currently Not Collectable” (CNC) may be an intermediate resolution. It is likely not a “final” resolution.

If you owe the IRS a large sum of money but do not have the ability to make payments on the debt right now, you might qualify for a hardship. The CNC program is not new, but qualification for it is very tough. Getting your account placed in hardship is not guaranteed to be long-lasting. In fact, it likely will only last 18-24 months. However, it might give you time to get back on your feet so that you can make payments later. In scarce situations, a hardship may keep until the taxes expire, but don’t count on it!

In order to qualify for suspension of collection activity on your account by IRS, you must have at the minimum the last 6 years tax returns filed. You must also be in current tax compliance. This method that you must have correct tax withholding at your job or be making proper Estimated Tax Payments if self-employed. In addition, you must be able to prove that your necessary living expenses meet or go beyond your current income. Furthermore, you must not have any substantial “liquid assets.” Liquid assets are things like bank accounts with large cash balances, money market funds, stocks, CDs, or un-borrowed funds in cash value in life insurance etc.

You will be required to provide 3-6 months documentation on proof of income and expenses (bills). If you have medical expenses, get proof of them in addition. You may be required to provide car observe information in addition as rent or mortgage proof. Cable TV, cell phone, country club or health club dues, and credit cards will not be factored in when calculating your qualifications for CNC. These items are considered unnecessary by IRS. Under the law, IRS is a senior creditor to most debts.

When you call the IRS, be ready to give them a complete budget and fax or mail them the proof of your situation. At http://www.irs.gov, you can download Form 433F. This form will help you organize your budget in a format IRS accepts. In some situations, you may need to fill out Form 433A & 433B. If you call them unprepared, you may get placed into a payment plan you cannot provide. already with proof, the IRS has established “national standards” for many items and you will not be allowed costs in excess of that amount in many situations.

If your account is placed in a hardship CNC, you nevertheless owe the taxes, they continue to accrue interest, refunds will be kept, and a Federal Tax Lien may be filed. You will not be required to make individual payments while the case is in CNC. No bank levy or wage levy will occur while in CNC. However, unless the Statute of Limitations blows, the tax will go back to IRS Collections at some point.

Should your IRS debt go beyond $25,000, please get specialized help. A good CPA, Enrolled Agent or Tax Attorney can help you deal with IRS. The fees you pay will be well spent if you hire a competent and experienced specialized. If you cannot provide specialized help, the IRS has free help in the form of the Appeals Office and the Taxpayer Advocate Service. If you feel that you are not being treated fairly, you can file an administrative allurement or a Form 911 with the Advocate.

The IRS can be reached at 1-800-829-1040 for general questions. The IRS Automated Collection Service can be reached at 1-800-829-7650. The Taxpayer Advocate Service phone is

1-877-777-4778 or TTY/TTD: 1-800-829-4059.

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