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Loren, Attorney
Category: Legal
Satisfied Customers: 33491
Experience:  30 years experience representing clients.
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My name is ***** ***** and I want to know if the new law

Customer Question

Customer: My name is ***** ***** and I want to know if the new law regarding passports and back taxes is being implemented on January 1. I have a ticket to go abroad on January 5. Should I be concerned that I will not be able to go?
JA: Thanks. Can you give me any more details about your issue?
Customer: I owe the IRS about $70K in back taxes including interest and penalties. My understanding is that my passport can be pulled if I owe more than $50K. I'm wondering if this is something that will happen on January 1 or is it a mechanism that still has to be developed.
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Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

The law was recently passed. It applies to anyone who has a lien or levy and owes in excess of $50,000 with no payment plan. There is an exception for back taxes which are being disputed.

It is not automatic, so it is not as if your passport is automatically pulled on 1/1/16.

Expert:  Loren replied 1 year ago.

New Section 7345(e) provides in relevant part as follows: “upon receiving a certification described in section 7345 of the Internal Revenue Code of 1986 from the Secretary of the Treasury, the Secretary of State shall not issue a passport to any individual who has a seriously delinquent tax debt described in such section. . .

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

My apologies, please ignore this message as it was posted accidentally and continue on with Loren giving him a positive rating. Thank you.

Customer: replied 1 year ago.
just for clarity, if I am leaving the country on January 5 and returning on January 15, my passport will not be automatically confiscated at the departure or arrival point? Just trying to assess the risks.
Customer: replied 1 year ago.
how/where do I give you a rating, Loren?
Expert:  Loren replied 1 year ago.

Sorry for the delay. The question locked up, but it is ok now.

Expert:  Loren replied 1 year ago.

The law is so new I do not think anyone knows yet how it will be implemented. The conventional wisdom seems to be that it will just apply to new applications and renewals for now. They will not start by pulling otherwise valid passports.

Expert:  Loren replied 1 year ago.

Also, if you are making payments under a payment plan or have disputed the amount in court they will not take action.

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.