The News Herald (Willoughby, OH)

So you owe the IRS more than you can afford...

Installmen­t plans can help

- Paul Pahoresky Paul Pahoresky is a partner in the accounting firm of JLP CPAs. He can be reached at 440-974-1040×14 or at paul@ jlpcpas.com. Consult your tax advisor for your specific situation for additional informatio­n and guidance on these topics.

So, you find yourself owing the

IRS and not being able to pay? Sometimes, due to unforeseen circumstan­ces a taxpayer is unable to pay their entire balance due to the IRS. Rather than failing to file and hoping that the IRS does not catch up to you, there is a better way to handle this. The IRS has set up a provision whereby a taxpayer can arrange to have an installmen­t payment plan establishe­d to help pay off the taxes owed.

You can reduce or eliminate the payment of penalties and interest and avoid additional fees if you can make monthly payments through an installmen­t agreement. It is important to note that you must first file all required income tax returns prior to being able to apply for an installmen­t agreement. You may be able to file for an installmen­t agreement with the IRS online if the individual balance due is $50,000 or less. You may also want to complete IRS Form 9465 Installmen­t Agreement Request with your return.

One type of installmen­t agreement available is a Guaranteed Installmen­t Agreement. The IRS is required to accept an installmen­t plan if your balance due is $10,000 or less and you meet all of the following requiremen­ts:

• For all of the following five years you have not filed late or paid late.

• All your income tax returns are filed. • Your monthly installmen­t payments will pay off your balance in 36 months or less.

• You have had no other installmen­t agreements in the previous five years.

• You agree to file on time and pay

• You agree to file on time and pay on time for future tax years.

The minimum monthly payment the IRS will accept is the grand total of your balance due divided by 30. The main benefit of a guaranteed installmen­t agreement is that the IRS will not file a federal tax lien. Tax liens are reported to the credit bureaus and negatively impact your ability to obtain credit.

If you don’t meet the criteria for a guaranteed installmen­t agreement, you should consider a streamline­d installmen­t agreement.

Taxpayers can qualify for a streamline­d installmen­t agreement if the balance owed to the IRS is $50,000 or less and the taxpayer agrees to pay off the balance in 72 months or less. As with all other installmen­t agreements, the IRS requires you to file all your tax returns (if any are late), and you agree to file your tax returns on time and pay your taxes on time in the future. The main benefit of a streamline­d installmen­t agreement is that the IRS will not file a federal tax lien.

If you don’t meet any of the criteria for a streamline­d or guaranteed installmen­t plan you will need to negotiate your own installmen­t agreement with the IRS if your balance due is over $50,000, or you need a repayment term longer than five years. This type of an agreement will be negotiated directly with an IRS agent, and will then go to a manager at the IRS for review and approval. The IRS will probably file a federal tax lien.

This type of agreement is often referred to as a “non-streamline­d” agreement as it falls outside the IRS’s guidelines for automatic approval of the agreement. The IRS will ask that you provide them with a financial statement so they can analyze what’s the most you can afford to pay each month toward your balance. The IRS may ask that you attempt to sell off any assets or take out a bank loan, or get a home equity loan so you can pay the IRS without needing to get an installmen­t agreement.

Rather than trying to avoid or delay an issue that will only compound, an installmen­t agreement will allow a taxpayer to effectivel­y deal with a debt to the IRS and avoid more problemati­c collection efforts by them. The problem will not go away simply by ignoring or avoiding it. The installmen­t plan is the most cost-effective way for many taxpayers to deal with an IRS obligation greater than they can currently pay.

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