Thursday, April 28, 2011

IRS Wage Levy -- IRS Notices CP-91 and CP-298 -- Stop the IRS from Taking Your Social Security

Are You Receiving Social Security 
or 
Social Security Disability
(SSDI)
Are You Facing an IRS Levy



Final Notice Before Levy on Social Security Benefits - CP-91 or CP-298

This notice is telling you that the IRS intends to issue a levy against fifteen (15) percent of your Social Security benefits that you are entitled to because you still have a balance due on your tax account.

How Much Time Do You Have? (If You Do Nothing)

You have 30 days from the date of this notice to contact us before we issue a levy.



Social Security Benefits Subject to Federal Payment Levy Program (FPLP)

Through the Federal Payment Levy Program (FPLP), Social Security benefit payments outlined in Title II of the Social Security Act, Federal Old-Age, Survivors, and Disability Insurance Benefits, are subject to the 15-percent levy, to pay your delinquent tax debt.

However, benefit payments, such as lump sum death benefits and benefits paid to children, are not included in the Federal Payment Levy Program (FPLP). Additionally, Supplemental Security Income (SSI) payments, under Title XVI, and payments with partial withholding to repay a debt owed to Social Security are not levied through the FPLP. Beginning February 2011, the FPLP may exclude certain delinquent  taxpayers who receive social security payments if their income falls at or below certain established levels, based on the Department of Health and Human Services poverty guidelines.

Before your Social Security benefits are included in the Federal Payment Levy Program (FPLP), the IRS will send you a final notice of our intent to levy, with appeal rights, if one has not already been issued. If the IRS does not hear from you, or if you have already received this notice, the IRS will send you an additional notice CP-91 or CP-298, Final Notice Before Levy on Social Security Benefits, explaining that your Social Security benefits may be levied.

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Consider an Offer in Compromise

An IRS settlement through the Offer in Compromise (OIC) is an agreement between a taxpayer and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed. Absent special circumstances, an Offer in Compromise will not be accepted if the IRS believes that the liability can be paid in full as a lump sum or through an installment agreement.

3 Types of Offer in Compromise

1. Doubt as to Collectibility - Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.

2. Doubt as to Liability - A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include: (1) the examiner made a mistake interpreting the law, (2) the examiner failed to consider the taxpayer’s evidence or (3) the taxpayer has new evidence.

3. Effective Tax Administration - There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an Offer in Compromise (OIC). To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.

If You are on Social Security

There Is

Doubt as to Collectibility


STOP THE IRS

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TAKE ADVANTAGE OF THE IRS While You Can

IRS EASES
OFFER in COMPROMISE ELIGIBILITY

“I’ve made a whole set of changes to the Offer in Compromise (OIC) program since I’ve been here to try to increase the participation rate, increase the acceptance rate, because it’s good for the tax system,” Doug Shulman, the IRS Commissioner said.



“These changes to the Offer in Compromise program will help give taxpayers a fresh start,” said Doug Shulman, the IRS commissioner, in a conference call with reporters. These changes “are especially appropriate as the American people and small businesses are climbing out of the worst recession in a generation.”

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1 comment:

  1. Now that you are on Social Security, you do not need to be suffering with an IRS back tax debt. Your Levy can be stopped and you can settle yor tax liability.

    ReplyDelete