| Tax Topic #201 |
2006 Tax Year |
The Collection Process
If you do not pay in full when you file, you will receive a bill. This
bill begins the collection process, which continues until your account is
satisfied or when the IRS may no longer legally collect the tax for reasons
such as the expiration of the collection period.
The first bill you receive will explain the reason for your balance due
and require payment in full. It will include the tax due plus penalties and
interest that are added to your unpaid balance from the date your taxes were
due. You can pay this bill by sending the IRS a check or money order payable
to United States Treasury with your notice. To pay by credit card, call 1–800–272–9829
or 1–888–729–1040.
If you cannot pay the balance in full, you should pay as much as you can
with the notice. Refer to Topic 202, Tax Payment Options,
for alternatives available for paying the remaining balance. The unpaid balance
is subject to interest which is compounded daily and a monthly late payment
penalty. Therefore, it is in your best interest to pay your tax liability
in full as soon as you can to minimize the amount of interest and penalty
charged. You might also want to consider a cash advance on your credit card
or a bank loan. The interest rate your credit card issuer or bank charges
may be lower than the combination of interest and penalties imposed by the
Internal Revenue Code. It may also keep your tax debt from negatively affecting
your credit rating.
If you are unable to pay your balance in full, we may be able to offer
an individual payment plan based on monthly installments. You can use the Online
Payment Agreement (OPA) or you may complete and mail an Installment
Agreement Request, Form 9465 (PDF), with your
bill. You can attach a voided check to your request to have your payment deducted
from your bank account each month. Direct debit installment agreements provide
you with the ability to make timely payments automatically, therefore reducing
the possibility of defaulting the agreement. Some installment agreements can
also be established over the telephone. Refer to Topic 202, Tax
Payment Options, for more information. If you are experiencing a significant
financial hardship and are unable to currently pay anything, we may temporarily
suspend collection on your account. Interest and late payment penalty will
continue to accrue while you make installment payments or while collection
is suspended. In addition, if you are a member of the Armed Forces, you may
be able to defer payment of income tax that becomes due before or during your
military service if your ability to pay is materially affected by your military
service. For more information, see Publication 3, Armed
Forces' Tax Guide, which may be obtained by accessing our web site at
www.irs.gov.
Once all payment options have been considered and it is determined that
you do not qualify for an installment agreement, you may opt to file an offer
in compromise. An offer in compromise (OIC) is an agreement between a taxpayer
and the IRS that resolves the taxpayer's tax liability. The IRS has the authority
to settle, or compromise, federal tax liabilities by accepting less than full
payment under certain circumstances. The IRS resolves less than 1% of its
balance due accounts through the offer program. For additional information
on the program and how you may qualify for consideration, refer to Topic 204, Offer in Compromise.
When you contact the IRS, you should be prepared to discuss your basic
income and expense information. To prepare, gather together all of your information
about your income, assets and necessary living expenses, such as your most
recent pay stubs, rent or mortgage payment amounts, transportation expenses,
etc. This will allow IRS to assist you most effectively.
It is important to contact IRS and make arrangements to pay the tax due
voluntarily. If you do not take some action to pay your tax bill or contact
us to make arrangements to settle the account, we may take enforced collection
actions to secure payment.
Some of the actions we may take to collect taxes include:
- Filing a Notice of Federal Tax Lien,
- Serving a Notice of Levy; or
- Offset of a refund.
An explanation of this process is as follows:
The federal tax lien is a claim against your property, including property
that you acquire after the lien is filed. By filing a Notice of Federal Tax
Lien, the government establishes its interest in your property 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
your credit report and it may harm your credit rating. Therefore, it is important
that you work to resolve your 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 or the IRS may no longer legally
collect the tax.
A Notice of Levy is another method the IRS may use to collect taxes that
are not paid voluntarily. This means we can, by legal authority, confiscate
(take) and sell property to satisfy a tax debt. This could include your car,
boat, or real estate. The IRS may also levy assets such as your wages, bank
accounts, Social Security benefits, and retirement income. In addition, when
you have an outstanding tax liability, any future federal tax refunds that
you are due will be offset by the amount you owe. Any state income tax refunds
you are due may also be levied, and the proceeds applied to your liability.
If you believe the bill is inaccurate, write the IRS office that sent you
the bill, or visit your nearest IRS office. To help us correct a problem,
please include a copy of the bill and copies of any records, such as the front
and back of canceled checks or money orders, or other information that will
help us understand what you believe is wrong. Please do not send your original
documents. You may also call the IRS at 1–800–829–1040 to
discuss why you disagree with the bill. Please have the bill and your records
at hand when you call.
You have rights and protections throughout the collection process. Please
refer to Publication 1, which provides additional information on Your
Rights as a Taxpayer. More information on the collection process is available
in Publication 594 (PDF), What You Should Know About The IRS
Collection Process, and in Publication 1660 (PDF), Collection
Appeals Rights. These may be obtained by accessing the IRS web site at
www.irs.gov.
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