Checkout Youtube video of OMG IRS filed a Tax Lien: What Now?

   

BY CHARLES ZAGARA

Education & Training with The Houston Tax Relief Lawyer

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October 31, 2019

    

The focus of my practice  is civil and criminal taxpayer representation, and see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.

Check out this video on IRS Tax Liens, the basics.

If you have any questions about Tax Liens or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com

Charles Zagara 

Houston Tax Relief Lawyer 

9950 Westpark Drive, Suite 430

Houston, TX 77063 

Ph. (832) 699-1070

Charles.Zagara@gmail.com 

HoustonTaxReliefLawyer.com

Hey wait a Minute, I didn't file a joint tax return, in Houston, TX and throughout Harris County

  

BY CHARLES ZAGARA

Education & Training with The Houston Tax Relief Lawyer

 EMAIL SHORT URL 

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October 31, 2019

   

The focus of my practice  is civil and criminal taxpayer representation, and I see many taxpayers who find out about a tax debt that truly belongs to their spouse (or former spouse) in Houston, Texas. There are a few basics you need to understand about IRS federal tax liabilities and innocent spouse claims.

In Order to to Qualify for Innocent Spouse with the IRS you must actually have filed a Joint Income Tax Return.
In a previous blog(YouTube video on Marriage and Taxes) I set forth the basic requirements for Innocent Spouse Relief. The first requirement is that there actually be a joint return filed.

It is just logical that there actually needs to be joint and several liability before the IRS can grant you relief from joint and several liability. In legal terms that is what Innocent Spouse Relief is-- Relief from joint and several liability.
This means on a joint tax return both spouses are each liable for the whole amount of tax.and you are asking the IRS to relieve you of that burden.

Many times I hear from a spouse that they did not agree to file a joint return.So the first issue that must be resolved is whether or not a joint return was filed. There is a concept applied by both the IRS and the courts called tacit consent. In other words they will look to see if you gave implied consent to file a joint tax return based an a variety of factors.

There are times that a valid joint tax return was not filed because the taxpayers did not met the definition of being married according to the tax code.

Often times before pursuing innocent spouse relief, it may be worthwhile for the "innocent spouse" to file a return either as married filing separate or as single.(as the case may be).  This could be a quicker, less expensive alternative than pursuing Innocent Spouse Relief. Innocent Spouse Relief. Innocent Spouse Relief  is one of the most litigated issues in U.S. Tax Court. If this is not possible or feasible then you will need to undue the filing of a joint return through the innocent Spouse Procedures.  

There are 3 different provisions for innocent spouse relief. I will cover them in upcoming blogs.Most taxpayers realize that there are tax savings when filing a joint tax return with their spouse.

In a nutshell A few basics you should understand:

• The IRS is not bound by a written agreement the couple entered into, as statute creates joint and several liability for both spouses.  The spouse who was not supposed to be responsible pursuant to the court agreement can sue the former spouse, but it will not prevent the IRS from pursuing them.
• The outcome will be determined by how much the former spouse knew about the tax liability.

The spouse (or former spouse) who wishes to seek innocent spouse relief from the IRS will need to show that the issue with the return was the responsibility of their spouse and they did not know or had reason to know about the understatement of liability.   We represent many taxpayers seeking Innocent Spouse treatment, including taking those cases to IRS Appeals and United States Tax Court.

The best approach is to simply consider these issues BEFORE you file the returns with the IRS.

If you have any questions about IRS Innocent Spouse cases or other IRS tax issues in Houston, Texas or elsewhere please feel free to contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com

Charles Zagara 

Houston Tax Relief Lawyer 

9950 Westpark Drive, Suite 430

Houston, TX 77063 

Ph. (832) 699-1070

Charles.Zagara@gmail.com 

HoustonTaxReliefLawyer.com

Got an IRS Lien

How to Get Rid of a Federal Tax Lien? 

 

BY CHARLES ZAGARA

Education & Training with The Houston Area Tax Relief Lawyer

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September 4, 2019 04:51 AM

  

https://www.houstontaxrelieflawyer.com/

In today's video post https://youtu.be/cg76SoglNr8u I discuss how to overcome a federal tax lien in Houston, Harris County and surrounding areas. https://www.houstontaxrelieflawyer.com/

Check out my youtube video and powerpoint slides here        https://youtu.be/cg76SoglNr8u

The IRS uses federal tax liens and doesn't give them up very easily.   Unlike other collection tactics, the IRS will not remove a tax lien just because it is causing economic hardship or issues for the taxpayer, including credit score or other economic harm.  This is because the IRS knows that the tax lien gets the tax debt paid. It is one of their very best collection tactics.

You can still sell or refinance your home, even with a federal tax lien if you know what to do.

In the video I review how tax liens affect your real estate. What happens when you don't owe the IRS but your spouse does. options for obtaining a lien subordination, discharging assets from the tax lien, and the option for having the tax lien withdrawn.

Any questions about IRS issues, contact me at (832) 699-1070 or by email at Charles.Zagara@gmail.com.

Also, check out more of my tax answers at AVVO, or my more detailed legal guide at
YOU HAVE A FEDERAL TAX LIEN SEPARATING FACT FROM FICTION
                                                                   
                                                                           Charles Zagara

The Houston Area Tax Relief  Lawyer

9950 Westpark, Suite 430

Houston, TX 770563

(832) 699-1070

www.HoustonTaxReliefLawyer.com

I'M IN TAX TROUBLE

Are you in the Houston area including 

Harris County

Montgomery County

Fort Bend County

You Need Tax Relief, getting those dreaded notices. What are your options.

What Tax Relief is Available to you in the Houston, Harris County, Fort Bend County and Montgomery County

Offer In Compromise (OIC)

An offer in compromise (OIC) is an agreement between a taxpayer and the Internal Revenue Service that settles a taxpayer's tax liabilities for less than the full amount owed. It can be far more reasonable than an IRS installment agreement, but you have to see if you qualify based on your unique financial situation and specific case.

Installment Agreement (IA) Partial Pay Installment Agreement (PPIA)

These are well-structured installment agreements that can slash penalties by 50%. The IA is an agreement to pay what's owed in full while a PPIA lets you pay a reduced amount. These agreements generally run 6-72 months.

Penalty Abatement

This agreement strips away penalties tacked onto your tax balance. Penalties include failure-to-file, failure-to-pay, and failure-to-deposit (for business owners). If you've never had a penalty before, a first-time abatement (FTA) penalty waiver may apply. Otherwise, your tax relief consultant can fight for a reasonable cause abatement if any of the following apply:
* Illness, death, or incapacitation of the taxpayer or their immediate family
* Fire, casualty, natural disaster, etc. affecting the taxpayer

* Inability to obtain records and documents

Currently Not Collectible (CNC)

In cases of extreme financial hardship, your tax rep can argue that you can't afford to pay anything. With this option, your tax debt goes on the back burner, and you make no monthly payments although penalty and interest keep accruing. The big advantage of CNC is that the 10-year statute of limitations on collection keeps ticking so you might be able to ride it out and pay nothing on the tax debt.


If you've received an IRS final notice or threatening letter, don't ignore it. Instead, contact us to speak with a tax resolution specialist to get the IRS off your back for good.

Bankruptcy

You may be eligible to have the debt discharged. Different federal districts have different rules but the minimum rule is that you filed a tax return, the due date of the return is at lest 3 years old, the return has been filed for at least 2 years and the assessment of taxes is at least 240 days old.

Do you need to know what best options are?

Call me, Email me. I would be happy to discuss your situation.

Charles Zagara, JD, CTC
Tax Attorney, Certified in Taxpayer Representation by CCH
832-699-1070
Charles.Zagara@gmail.com
Serving Taxpayers in the Houston Area, including
 Harris County, Montgomery County and Fort Bend County

Myths About Tax Liens in Houston and Harris County

Over the course of my practice I continually encounter clients with these same questions and misinformation about their IRS tax lien in the Houston area and Harris County Montgomery County Fort Bend County.

The first myth or misconceptions about  IRS tax liens is that it supersedes all other liens. It doesn't. It has priority over other liens that are filed after the Notice of Federal Tax Lien is filed, but the IRS Tax Lien comes after liens that are recorded before it. If you buy a home in Houston or the Houston area and then a Notice of Federal Tax Lien is filed, the mortgage lien will come before the IRS lien and be paid first when you sell the real estate.

Many taxpayers in Harris County, Fort Bend County and Montgomery County believe when there is an IRS tax lien that they won't be able to pay their mortgage off when they sell their house because the IRS will take all the money to satisfy their tax debt.

The second myth or misconception is that if the IRS didn't file the Notice of Federal Tax Lien that the lien does not exist. That is wrong. It does exist. If you sell your home and the notice of Federal Tax lien hasn't been filed in your county, be it, Harris County, Fort Bend County or Montgomery County all the other recorded liens will be paid first from the proceeds. The IRS lien arises by operation of law when the tax is assessed and you don't pay it. It applies to all your assets, not just your real estate. By law, once all the recorded liens are paid you are required to pay the net proceeds over to the IRS.

Think about this situation. You own your house in Houston or Harris County and you own a rental property in Fort Bend County or Montgomery County. The IRS knowing you live in Houston, files the Notice of Federal Tax Lien in Harris County. You decide you want to sell your rental property in Fort Bend County or Montgomery County. All the recorded liens on the rental property will get paid. The mortgage, the real estate taxes, a mechanics lien, etc. The IRS lien won't show up because the Notice of Federal Tax lien was filed in Harris County. As a result, the IRS will not be paid at the time of closing. But, the IRS lien attaches to the net proceeds and you are required to pay those proceeds over to the IRS. If you don't, you could be charged with tax evasion.

The third myth or misconception is that you can't sell your property when there is a Notice of Federal Tax Lien. This is not true. Don't let anyone tell you otherwise. In fact the IRS wants you to sell the property. The IRS would rather have the money to pay off or pay down your back taxes than to be sitting there with a lien. The IRS will step into your shoes and get what you would get up to the current amount of the unpaid tax debt.

There is some work to do in order to get the IRS will release the lien, so the buyer can get a clear title. You should contact an tax attorney, experienced in dealing with IRS liens as soon as possible. You have to complete the IRS form correctly and attach the necessary documentation and the lien will be release approval will be sent to the closing agent in short order. The IRS wants to make sure it is a bona fide sale and they are getting the net proceeds. You need the sales contract, the appraisal, the HUD-1 statement and the title report

IRS Tax Liens are serious business. You should regard them as such. If you have any questions I would be happy to answer them for you.

Charles Zagara, JD, CTC
Tax Attorney, Certified in Taxpayer Representation by CCH
832-699-1070
Charles.Zagara@gmail.com