New York
New York Tax Attorneys
Anderson Bradshaw is a law firm that can provide tax debt relief and assistance with tax issues. In New York, both the New York State Department of Taxation and Finance and the New York City Department of Finance handle tax matters at the state and city levels, respectively, while the Internal Revenue Service (IRS) is responsible for federal tax matters.
When facing outstanding balances or tax issues with the IRS or state agencies in New York, seeking legal representation from a tax attorney can be beneficial. Tax attorneys have expertise in various tax areas and can assist in finding solutions to different tax problems.
Anderson Bradshaw assists clients nationwide with tax debt relief, and it is advisable to research and contact our firm directly to inquire about the specific types of cases we can handle and our expertise in New York tax matters. Consulting with a qualified tax attorney can provide you with the necessary guidance and support to address your tax concerns effectively.
Offers in Compromise
The offer in compromise (OIC) program is offered by the IRS. An offer in compromise allows people to settle their tax debts for less than the full amount owed.
The IRS considers factors such as a person’s ability to pay, income, expenses, and asset equity when evaluating an offer. To be eligible for an offer in compromise, people must have filed all required tax returns, made required estimated payments, not be involved in an open bankruptcy proceeding, have a valid extension for the current year’s return, and have made tax deposits if they are an employer.
If the IRS cannot process an OIC application, it will return the application and offer an application fee, applying any offer payment included to the outstanding balance. Payment options for accepted offers can include a lump sum cash payment of 20 percent of the total offer amount, followed by payment of the remaining balance in five or fewer installments.
Alternatively, people can make periodic payments in monthly installments. People who meet low income certification guidelines are exempt from sending the application fee, initial payment, or making monthly installments while the IRS reviews the offer.
If an offer in compromise is rejected, people have the right to appeal within 30 days using the Request for Appeal of Offer in Compromise, Form 13711. The IRS Independent Office of Appeals can provide additional assistance in the appeals process.
It is important to note that the OIC process can be complex, and seeking professional advice from a qualified tax attorney or tax professional is recommended to navigate the application and negotiation process successfully.
Stopping Tax Levies & Liens
A tax lien is a government’s legal claim against property when a person neglects or fails to pay a tax debt. It protects the government’s interest in the property, including real estate, personal property, or financial assets.
In New York City, properties with tax arrears can be subject to enforcement actions by the city to collect the amounts due. The IRS has guidelines for releasing liens and states that it is required to release levies under certain circumstances.
These include situations where the person has paid the amount owed, the collection period ended before the levy was issued, releasing the levy will facilitate payment of taxes, the person has entered into an Installment Agreement that does not allow the levy to continue, the levy would create an economic hardship preventing the person from meeting basic living expenses, or the value of the property exceeds the amount owed, and releasing the levy will not hinder the IRS’s ability to collect the debt.
If the IRS denies a request to release a lien, individuals have the right to appeal. It is advisable to seek legal counsel for any tax lien case, as there can be numerous challenges in attempting to overturn liens without professional assistance.
It is important to note that the specific procedures and requirements for releasing tax liens may vary depending on the jurisdiction and individual circumstances. Consulting with a qualified tax attorney or tax professional is recommended for personalized advice and assistance in dealing with tax liens.
IRS Audit Defense
People in New York could be audited by the New York State Department of Taxation and Finance, although many audits are conducted by the IRS. Audits can occur for various reasons, such as claiming excessive donations, deduction issues, or simple math errors.
After receiving an audit notice, it is common for a notice about a penalty to follow. Seeking legal assistance promptly upon receiving an audit notice is advisable.
IRS audits typically cover a period of up to three years, but exceptions can be made in cases of significant errors. When facing an audit and in need of IRS tax debt relief, seeking assistance from a reputable firm like Anderson Bradshaw is recommended.
It is important to note that specific audit procedures and requirements may vary depending on the circumstances and the tax authority involved. Consulting with a qualified tax attorney or tax professional can provide personalized guidance and support during the audit process.
Unfiled Tax Returns
When people fail to file tax returns, make payments, underpay the amounts due, file late, pay late, or owe additional money discovered in an audit, their case may involve either a state agency or the IRS. Failure to file penalties may apply in these cases, which can be 5 percent of the net tax due per month or 0.5 percent for every month or part of a month that the tax remains unpaid, with a maximum penalty of 25 percent.
It is highly encouraged by the IRS that people file past due tax returns immediately. Doing so helps to avoid accruing interest and penalties.
Additionally, filing past due returns can help protect Social Security benefits, prevent issues when obtaining loans, and avoid collection and enforcement actions. It is important to note that specific penalty calculations and procedures may vary depending on the tax authority and individual circumstances.
Consulting with a qualified tax professional or attorney can provide personalized guidance based on your specific situation.
Innocent Spouses
Innocent spouse relief is a provision that allows a person to be relieved from paying additional taxes when their spouse understated taxes due on a joint tax return, and the person was unaware of the errors. Underreporting of taxes is the responsibility of only one spouse, and the audit report should reflect the attribution of the underreported tax to that spouse.
To qualify for innocent spouse relief, a filing spouse needs to establish that they did not have actual or constructive knowledge of the tax understatement and that it would be unfair to hold them liable for the tax debt. It is important to note that innocent spouse relief must be sought within two years of an IRS collection action.
Obtaining innocent spouse relief can be a complex process, so seeking legal assistance is recommended to navigate the requirements and present a strong case. Engaging the services of a qualified tax attorney or professional experienced in innocent spouse relief cases can provide valuable guidance and help increase the chances of a successful claim.
Contact Our New York Tax Attorneys
If you are currently dealing with any kind of tax problem in New York, do not waste your time trying to solve your tax problems by yourself. Anderson Bradshaw can step in and take care of all your issues for you.
Our tax attorneys provide IRS tax help for residents all over New York including New York City, Hempstead, Brookhaven, Islip, Oyster Bay, Buffalo, North Hempstead, Babylon, Rochester, Yonkers, and more. Call (877) 986-1156 or contact our New York tax attorney online to set up a free consultation.
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