How to resolve your tax debt
Most people don鈥檛 want聽to be behind on taxes, but if you do fail to pay the Internal Revenue Service, it鈥檚 important to know what happens. Here鈥檚 a look at the聽聽and how you can resolve tax debt.
Tax assessment and collections
When the IRS determines that you owe the government money, it assesses you a tax. It can assess taxes when you file a return or when you don鈥檛 pay your聽full balance. It might also assess taxes after an聽聽in which the IRS doesn鈥檛 agree with a position on your tax return, perhaps because you miscalculated the amount you owed.
The IRS has 10 years from the date of assessment to collect the taxes owed, though you may be able to聽extend the statute of limitations.
When you owe money, you鈥檒l receive a notice of assessment that asks you to pay your tax bill. If you don鈥檛 pay within 30 days, you鈥檒l receive another notice. Unless you pay, you鈥檒l continue to receive notices or certified letters from the IRS聽until it聽sends you a聽.
If you don鈥檛 act within 30 days of receiving this letter, either by paying your bill or appealing the amount of taxes that you owe, the IRS will聽聽against聽you. This means it can legally seize your property to satisfy your debt, perhaps by garnishing your wages, levying your bank accounts or taking other measures.
Resolving your debt
Fortunately, there are several ways to resolve a tax debt.
1. Establishing an installment arrangement
Asking for an installment arrangement is probably the most popular way to address tax debt. This means is that you agree to pay a certain amount of money every month 鈥� for up to 72 months 鈥� until your tax debt is paid off. To ask for an installment arrangement, file聽聽with the IRS.
Before you take this step, be aware that聽聽and interest accrue while you pay off the debt. So it鈥檚 better not to take the full 72 months to eliminate your balance.
Further, as a聽term of the installment agreement, you promise聽to file your tax returns and pay any associated debts on time. Failure to do so will undo your installment agreement.
Asking for an installment arrangement extends the statute of limitations for the IRS to collect on your debt by two years.
2. Receiving 鈥榗urrently non-collectible鈥� status
Another way to temporarily resolve your IRS debt is to ask to be put on currently non-collectible status. This聽will stop all IRS collection actions. For example, the agency won鈥檛聽be allowed to file a lien against you.
Typically, you鈥檒l qualify for聽CNC status聽if聽paying your tax debt would leave you with no money for your basic needs 鈥� for example, if you鈥檙e out of work or underemployed. While on CNC status, the statute continues to run.
However, CNC status is meant to be temporary and the IRS reviews every case each year. If you become ineligible,聽you鈥檒l have to make other arrangements to satisfy your debt.
3. Providing an offer in compromise
Depending on your circumstances 鈥� including your ability to pay and your income, assets and expenses 鈥� the IRS might settle your tax debt for less than you owe.聽This is known as an聽.
To make such an offer, file聽, which includes Form 433-A (OIC). These forms require you to list all of your assets, such as bank, retirement or brokerage accounts (including account numbers), your home and automobiles, and any other assets. You鈥檒l also list all of your liabilities, income and expenses.
It takes between聽six months and a year for the IRS to accept OICs. Asking for one聽extends the statute of limitations by the amount of time that the IRS considers your offer. You can use the agency鈥檚聽聽to get a good idea of whether your offer will be accepted.
If the IRS accepts, you鈥檒l pay the amount you proposed in a lump sum or installments. But if your offer is rejected, the IRS will move to forcibly collect the debt. Keep in mind that because you filled out Form 433-A (OIC), providing detailed information about all of your assets, the IRS knows how to access them.
Find a pro
You have options to resolve your debt, but as you can imagine, the collections process can be very complicated. If you find yourself in collections, consider working with a tax professional who has experience with debt resolution.
This article first appeared at . Learn more about Craig Smalley聽on NerdWallet鈥檚 鈥楢sk An Advisor.鈥�
