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Question

What can a taxpayer do when they are unemployed, have been for months, and cannot pay their tax liability?

Submitted: 72 days and 11 hours ago.
Category: Tax
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Country/State/Province of question: Florida

Already Tried:
Electronic Payments not possible due to no bank account. Client (brother) has defaulted on loan to bank and they refuse to allow payments to anyone else until they are paid - naturally.
Also, as no wage is paid, automatic deduction from a paycheck is not possible.
He is living a house being paid for by the client's parents. He has no phone, water or garbage service, or TV/internet service. The parents are making the rent payments and power. My brother is on food stamps. He does any odd job - for cash or trade - he can find to keep his automobile insurance paid and with gas. He walks to get groceries and supplies.

Posted by Merlo 72 days and 11 hours ago.

Info Request

Hello Kris,

Is this a tax liability you have from a prior year?

Were you on a payment plan with the IRS?

72 days and 11 hours ago.

Reply

Yes, the tax liability is from tax year 2007. No payment plan has been established. Client also has not filed 2008 tax return due to no ability to pay liabiltity. I do his taxes for free - he's family.

Accepted Answer

Hello Kris,

If you do not have the means to pay the taxes owed, have little assets that the IRS can levy, no income above the minimum need to cover necessary living expense, you would most likely be able to be considered "uncollectible" to the IRS. Being considered "uncollectible" to the IRS means that they can temporarily pause collections against you under the IRS hardship rule.

If you qualify for this, you still owe the IRS money and interest will continue to accrue, however all collection activities must be temporarily suspended against you. The IRS will then continue to monitor your financial situation to see if it improves to a point where they can demand payment. This review happens normally once a year. You will be required to send an updated financial statement every year for them the IRS to review. These statements must be accurate because they will compare it to filed tax returns to make sure everything matches.

In order to receive an uncollectible status from the IRS you must be able to prove that you do not have any assets that would allow you to pay the tax amounts owed. So in essence, you must show you only have enough money to pay for the basic necessities of life. To do this, you must fill out IRS Form 433-F. This is the form used to show all your assets, this is required with most IRS filings because it will give them a sense of the assets you own that they can liquidate in order to fulfil your tax liability. However, the purpose of doing this when filling it out to receive an uncollectible status is to show that you do not have any assets of value that they can liquidate and it would not be worth their time and effort to collect from you.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you Kris.




Edited by Merlo on 9/11/2009 at 3:12 PM

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 9/11/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

72 days and 11 hours ago.

Reply

What if a client has filed for bankruptcy? I assume they could supply the IRS with the court papers and a hold on their account would ensue. (Of course, I realize they would still owe the money in addition to interest.) Any special form to file the bankruptcy papers?

Posted by Merlo 72 days and 11 hours ago.

Answer

Hello again Kris,

If an individual files for bankruptcy, that in itself does not keep the IRS from pursuing collection activities, unless the tax debt itself was actually one of the debts discharged. In order for a tax debt to be discharged through a bankruptcy filing, ALL 5 of the following rules must be met:

The due date for filing a tax return is at least three years ago.
The tax return was filed at least two years ago.
The tax assessment is at least 240 days old.
The tax return was not fraudulent.
The taxpayer is not guilty of tax evasion.

Since the taxes your client owes is for the 2007 tax year, they would not be able to be included in a bankruptcy filing, because they do not meet Rule #1.

Your client still needs to fill out the Form 433-F in order for the IRS to consider their account for uncollectible status.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you Kris, and let me know if you have more questions.


Edited by Merlo on 9/11/2009 at 3:34 PM

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