Glossary of Terms
Resolving your IRS problems can be frustrating and complicated, but getting the tax help you need doesn't have to be. Here are some common tax relief terms to help you settle your IRS debt and permanently achieve your tax resolution.
Set forth in Internal Revenue Code section 6323(c) and (d). The rule governs priority between a filed notice of federal tax lien (NTFL) and a lender’s secured interest in its clients’ revolving assets, e.g., receivables, inventory, etc. Lenders are granted priority over the IRS to the extent that the loan or purchase occurs within 45 days of the filing of the NFTL or before the lender or purchaser acquires knowledge (actual or constructive) of the filing. If receivables are purchased or used as collateral 46 days after the date of the NTFL, the lender is in second position behind the IRS.
A partial or complete cancellation of taxes, penalties or interest owed by a taxpayer. Taxpayers can request that penalties be abated and in many cases, the IRS removes 100% of the penalty. The IRS requires that you have a good reason to request penalty abatement. While IRS procedures for deciding who qualifies for penalty abatement and for what reason seem to differ in each case, the best thing you can do is to request that the IRS abate your penalties by providing the circumstances surrounding your situation.
Some types of penalties proposed by the IRS can be waived if the circumstance that gave rise to the penalty had reasonable cause or was beyond the taxpayer’s control. Such a waiver is sometimes called an abatement of penalties if the waiver is granted after the penalty was imposed.
Provides reimbursement to an employee for business expenses incurred by the employee on behalf of a business. An accountable plan requires the individual to submit receipts or other records before the employer reimburses the expense. Example: An employee pays for a meal while traveling on business and then submits a receipt to the employer for reimbursement. Under this type of plan, expense reimbursements are not income to the individual, and are deductible expenses for the business.
ACS See Automated Collection System.
Appeal A request by a taxpayer who does not agree with an IRS decision. The action of filing an appeal puts the IRS on notice that the taxpayer doesn't agree with the IRS and is seeking a meeting to change the IRS decision. Audits/examination determinations, offers in compromise, installment payment plans, requests for penalty removal, innocent spouse decisions, levies, liens, seizures and just about every type of intrusive action taken by the IRS can be appealed. Also see Collection Appeal Request, Request for a Collection Due Process Hearing, or Application for Taxpayer Assistance Order
The amount of basis (see “Basis”) in an asset or investment after tax-related adjustments for items such as depreciation deductions or capital expenditures, have been made.
Calculated when the IRS adds up gross taxable income and then subtracts certain adjustments. It is the starting point for calculating income tax liability.
Certain items are subtracted from gross income to arrive at the adjusted gross income (see “Adjusted Gross Income”). The adjustments to income include qualified IRA contributions, Student Loan Interest and other deductions.
Acronym for Adjusted Gross Income. (See “Adjusted Gross Income”)
A tax liability computation that adds back into adjusted gross income certain deductions, credits, and other tax preference items that are allowed for calculating regular income tax liability. Its purpose is to ensure taxpayers do not escape income tax liability by claiming deductions in excess of certain thresholds established by Congress. If the tentative alternative minimum tax calculation exceeds the regular tax calculation, then the difference is known as the "Alternative Minimum Tax" or "AMT" and is added to regular tax liability.
Any change to a tax return (see “Tax Return”) originally filed by a taxpayer and accepted by the IRS. A taxpayer may amend a federal income tax return by filing Form 1040X. The IRS may also make changes to the tax return (similar to amending returns) through examination processes.
The amount the taxpayer owes the IRS at the current time. This amount may include tax liability, penalties, and/or interest.
Acronym for the Alternative Minimum Tax. (See “Alternative Minimum Tax”)
Acronym for an Appeals Officer. (See “Appeals Officer”
A request by a taxpayer who does not agree with an IRS decision. The action of filing an appeal puts the IRS on notice that the taxpayer doesn't agree with the IRS and is seeking a meeting to change the IRS decision. Audits/examination determinations, offers in compromise, installment payment plans, requests for penalty removal, innocent spouse decisions, levies, liens, seizures and just about every type of intrusive action taken by the IRS can be appealed. Also see Collection Appeal Request, Request for a Collection Due Process Hearing, or Application for Taxpayer Assistance Order.
A representative of the tax court. Most tax court cases go first to an appeals officer for evaluation before being forwarded to trial. (See “Pre-trial Conference”)
Application for Taxpayer Assistance Order
(Form 911) Type of appeal used when the taxpayer has exhausted all other means of trying to resolve an issue with the IRS but an agreeable decision can not be reached. This appeal is handled by the IRS's Taxpayer Advocate Service. The Taxpayer Advocate Service can not over turn an appeals officer decision. However, they can to expedite matters and are very helpful in most circumstances. Also see Appeal, Collection Appeal Request, or Request for a Collection Due Process Hearing
Generally the amount the IRS is requesting in tax due. It does not necessarily include penalties and interest, but it may.
A thorough examination of a tax return or certain items on a tax return by the IRS (or state or local taxing agency) to ensure accuracy and that the tax law was followed. In an audit, the IRS may require proof that the taxpayer correctly stated the filing status, dependent(s), taxable income, adjustments, deductions, credits, etc. The IRS may also conduct its own investigation of a taxpayer's return and other records such as bank statements. If the IRS determines there is a discrepancy between the tax return filed and their examination they may assess additional taxes, penalties, and interest. In some instances, criminal charges may also be filed through the U.S. Attorney's office, although this is uncommon.
A notification from the IRS that a tax return has been selected for audit. Generally, the letter will outline what year(s) the IRS is examining, what item(s) on the return is(are) being examined, and how the examination will take place. The IRS does not generally use the word “audit” in these letters.
Request for the IRS to reconsider a previously made examination determination after an audit has been closed and a final tax assessment issued. The IRS is not under obligation to grant an Audit Reconsideration, but may do so if the taxpayer has additional substantiation not previously considered. Other reasons to request reconsideration would be if the taxpayer was not present at the examination or if the taxpayer had moved and did not receive IRS correspondence.
If a taxpayer is audited, the IRS requests the taxpayer to respond to the audit notice by appearing at an examination or responding to the audit notice by submitting documentation. With power of attorney (see “Power of Attorney”) from the taxpayer, a tax professional may appear and advocate for the taxpayer either by personal appearance or through correspondence. Such professionals may include tax attorneys, CPA’s, or Enrolled Agents. (See “Certified Public Accountant” or “Enrolled Agent.”)
Acronym for the Automated Under Reporter division of the IRS. (See “Automated Under Reporter”)
Automated Collection Services (ACS)
A computerized collection process for IRS collectors to contact delinquent taxpayers by telephone and mail.
Automated Under Reporter Unit (AUR)
The division of the IRS that issues notices (see “Notice”) and handles the responses to those notices.
IRS debt from taxes owed from a prior year(s). The IRS assesses back taxes when a taxpayer does not pay taxes when they become due, fails to report all income and taxes on a return, or fails to file a return.
The IRS can issue a bank levy to take your cash in savings and checking accounts. When the IRS levies a bank account, the levy is only for the particular day the levy is received by the bank. These are generally referred to "one shot" levies. The bank is required to remove whatever amount is available in your account that day (up to the amount of the IRS levy ) and send it to the IRS in 21 days unless notified otherwise by the IRS. This type of levy does not effect any future deposits made into your bank account unless the IRS issues another Bank Account Levy. Also see Levies or Wage Levy.
Tax debt may be eligible for discharge in bankruptcy. However, bankruptcy does not always remove all tax liabilities as not all IRS taxes, penalties and interest qualify for complete 100% discharge. In order for a taxpayer to benefit from bankruptcy laws, the taxpayer must determine whether or not tax liabilities must are eligible for discharge.
Basis is the amount of investment in an asset for tax purposes. The basis is used to figure depreciation, amortization, depletion, casualty losses, any gain or loss on the sale, and exchange or other disposition of the property. Basis should be adjusted to account for certain events while the asset is owned. For example, if an improvement is made to the asset that adds to the value, then the basis would be increased. Basis in a retirement plan is any amount of after-tax money previously invested in the plan. After-tax money is money on which income taxes have been paid, and would not include pre-tax payroll deductions or contributions that are adjustments to income (see “Adjustments to Income”) on the tax return. Examples of contributions without basis would be contributions made to deductible IRA's or 401(k) contributions not included in W-2 taxable wages.
Acronym for bankruptcy. (See “Bankruptcy.”)
Bonus depreciation is an increased amount allowed as depreciation (see “Depreciation”) in the first tax year an asset is placed in service. The amount allowed as bonus depreciation varies with the tax year (see “Tax Year”), depending on what has been legislatively authorized (see “Legislative Grace”) for that tax year.
A legal term describing who the responsibility to substantiate or prove a position. From a tax standpoint, when the IRS audits a return, it is the taxpayer who must be able to support or “prove” the amounts included on the return. Thus, the burden of proof rests on the taxpayer.
Income derived from the operation of a trade or business. Generally, if a taxpayer provides goods or services, any non-employee income (see “Self-Employed”) or value derived from providing those goods or services is considered business income.
A form of business organization, a C Corporation is a separate legal entity. A C Corporation issues stock, and profits are disbursed to the shareholders through dividends. This results in what is considered double taxation (the C Corporation is taxed on the income and the shareholder is taxed on the dividend). As a result, C Corporations are not often the preferred organization for small businesses.
The use of the term “Capital Asset” varies somewhat between the tax world and other accounting or financial disciplines. From a tax standpoint, a capital asset is any asset owned that is personal property or investment property. It is usually subject to capital gain and loss when sold.
Any gain realized on the sale of a capital asset. (See “Capital Asset”) A taxpayer may also have capital gains realized when an investment (mutual fund, stock, bond, etc.) in which he or she is a shareholder is sold or—in the case of a mutual fund—has capital gains within the fund. These gains are classified as either short-term or long-term depending on the holding period.
Any loss realized on the sale of a capital asset. (See “Capital Asset”) Capital losses on the sale of personal use property are nondeductible losses. In addition, capital losses on personal returns are generally limited to $3,000 in aggregate per year.
An accountant certified by a state examining board as having fulfilled the requirements of state law to be a certified public accountant. Certified Public Accountants may prepare taxes and advocate for taxpayers before the IRS.
Certified Tax Resolution Specialist
Tax professional who has met the educational, experience, and examination requirements prescribed by the American Society of Tax Problem Solvers (ASTPS). The CTRS designation is restricted to Enrolled Agents, CPA or Tax Attorney in good standing, who have proven expertise to resolve a wide range of tax problems. The services a CTRS provides to individuals and businesses include securing offers in compromise, installment agreements, penalty abatement, innocent spouse relief, release of liens or levies, non-filer issues and many others. Also see Tax Attorney
Tax deductible donations made to specific IRS recognized charitable organizations. (see “Charity (Recognized)”)
Organizations to which the IRS will allow tax deductible donations to be made. Such organizations include 501(c)(3) corporations, schools, youth organizations, etc. It does not include political or lobby organizations, nor organizations which are employment-related, such as unions.
An agreement sometimes secured by the IRS prior to acceptance of an Offer in Compromise when the IRS wants to cover a future, reasonably possible event, such as a significant increase in income.
Collection Appeal Request (CAP Form 9423)
Type of appeal used when a taxpayer and a Revenue Officer (Collection) do not see eye-to-eye on an intrusive collection tactic that the IRS wants to implement or has already implemented such as a Levy, Lien, seizure or the denial or termination of an installment agreement. Also see Appeal, Request for a Collection Due Process Hearing, or Application for Taxpayer Assistance Order
Tax collectors who work out of the IRS Service Center, Automated Collection or District Office.
Collection Information Statement (IRS Forms 433-A, 433-B, and 433-F)
IRS financial statements that require disclosure of personal information, particularly assets, income and expenses.
Property acquired while two individuals are married and domiciled in a community property state or property that cannot be identified as separate. Both spouses have an undivided half-interest in such property. Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Stands for the letters found on different types of IRS correspondences. These letters often appear in front of the numbers of computer generated notices or advisements. For example: A CP24 notice (see “Notice”) advises taxpayers that the IRS has changed the amount of refund.
A correspondence audit is done by mail. The IRS sends you a letter either alleging you forgot some item of income or requests to see the documentation to substantiate a deduction you have taken on your tax return. The most common type is the CP2000 notice, a computer generated notice that you failed to report an item of income. These must be checked closely since the reporting agency, often time the Social Security Administration for W2's, can make typographical errors. If you fail to properly dispute these errors the IRS is free to assess and collect the tax they believe is owed. And if ignored long enough, your only recourse is to pay the tax, penalty, and interest and then sue the IRS in court, an expensive proposition.
Examination conducted as the result of a correspondence audit. (See “Correspondence Audit”)
Acronym for computer paragraph. (See “Computer Paragraph”)
Acronym for Certified Public Accountant. (See “Certified Public Accountant (CPA)”)
Documents received from the Tax Court after a decision has been made, either by stipulation or decision.
The amount you could reasonably expect to be paid for the asset if you sold it today. You can find out the value from realtors, used car dealers, publications, furniture dealers, or other experts on specific types of assets. You are advised to include a copy of any written estimate with your Collection Information Statement.
Documents received from the Tax Court after a decision has been made, either by stipulation or decision.
Reductions to taxable income that may be included on a tax return. Generally, deductions reduce taxable income before tax liability is calculated. Taxpayers must generally be qualified to claim a deduction, meaning the deduction must meet all of the requirements of the IRC. Also, many types of deductions are not taken into consideration when calculating the alternative minimum tax. (See “Alternative Minimum Tax.”)
A tax return not filed by the due date (April 15) or by the dates allowed through the IRS extension periods (August 15 and October 15). Failure to file tax returns may be construed as a criminal (misdemeanor and potentially a felony!) act by the IRS. This type of criminal act is punishable by one year in jail and $10,000 for each year not filed. Regardless of what you have heard, you have the right to file your original tax return, no matter how late it's filed.
The department of the United States government under the Executive Branch of which the IRS is a part.
Generally, a dependent is someone who relies on another for their basic support or maintenance. Certain tax benefits may be available or enhanced by having a dependent(s). The IRS (see “Internal Revenue Service”) has strict guidelines and rules on whom a taxpayer may claim as a dependent. To be a dependent on a tax return the person must be either a “Qualifying Child” or a “Qualifying Relative” of the taxpayer or spouse (if filing MFJ). In addition, a taxpayer or spouse may not be a dependent of each other or anyone else. Other dependency rules or determinations may apply in certain circumstances.
A calculated amount allowed as a business expense to account for wear, tear, and decline in value of tangible assets over time.
An audit (see “Audit”) in which the IRS, in order to conduct the audit, requires the presence of the taxpayers or their representatives.
A business organization or form treated as not existing separately from its owner for purposes of income tax. Example: A taxpayer and spouse may form an LLC in a community property state and file as a joint venture sole proprietorship. The partnership between the husband and wife (which would have been filed on a Form 1065 and Schedule K-1’s issued) is a “disregarded entity” and the tax treatment is that of a sole proprietorship (filed on a Schedule C with the Form 1040).
An amount or item given to a recognized charitable organization for which, generally, no goods or services are expected in return.
The date by which the IRS expects to receive returns, forms, documentation, or similar documents. Due dates may be set by either statute or IRS regulation
Acronym for an Enrolled Agent. (See “Enrolled Agent”)
Acronym for unreimbursed Employee Business Expenses. (See “Employee Business Expenses”)
Employee Business Expenses (ECE)
Expenses incurred by an employee as a result of—or in the pursuit of—employment. Also called job-related expenses. In order to be deductible, these expenses have to be ordinary and necessary for performing the job, and they must also be incurred for the convenience of the employer. For tax years (see “Tax Year”) 2018 through 2025 inclusive, deductions for EBE are not allowed as personal deductions on the Schedule A of Form 1040, although certain EBEs are still allowed as adjustments to income (see “Adjustments to Income”) for qualified taxpayers.
Generally, a person is considered employed as an employee when they are paid wages or salary and the employer controls to a large degree the individual’s actions or the individual acts as an agent for the employer. When there is a dispute over whether an individual is employed or self-employed (see “Self-Employed”), the IRS applies a common law test and looks at the totality of all the facts and circumstances to make the determination. This determination has an impact on who is responsible for employment taxes. (See “FICA Taxes,” “FUTA Taxes,” and “Self-Employment Tax.”)
An Enrolled Agent is a federally-authorized tax practitioner with expertise in the field of taxation and who is authorized by the U.S. Department of the Treasury (see “Department of the Treasury”) to represent taxpayers before all administrative levels of the Internal Revenue Service for audits, collections, and appeals.
A word often used for audit. (See “Audit”)
IRS term for a tax audit
The report issued by the IRS explaining its findings, proposed changes made to a filed return, and the reasons for making these changes. It is often accompanied with a Form 886-A, “Explanation of Items,” and Form 4549, “Income Tax Examination Changes.” If the IRS has conducted an examination and concluded that no changes are necessary to the final return it will usually issue a “No Change” letter. (See “No Change Letter”)
A word used to describe the IRS agent(s) who conducts a tax return examination.
A base amount exempt from income taxes. This amount is calculated based on the number of exemptions (generally 1 exemption each for the taxpayer, spouse, and each dependent) and subtracted from adjusted gross income (see “Adjusted Gross Income (AGI)”) after the Standard Deduction or Itemized Deductions are subtracted to determine taxable income. For tax years (see “Tax Year”) 2018 through 2025 inclusive, the exemption amount was set to zero in calculating taxable income, with the standard deduction being increased and the Child Tax Credit (see “Credit”) expanded.
A general name for a tax that is levied on certain goods and commodities which are produced and sold within a country or on licenses the government grants to conduct certain activities.
An audit or examination during which the IRS decides to audit other areas of the tax return or tax years not specified in the original audit letter. (See “Audit Letter”)
Expenses Not Generally Allowed
Expenses not allowed such as claim tuition for private schools, public or private college expenses, charitable contributions, voluntary retirement contributions, payments on unsecured debts such as credit card bills, cable television charges and other similar expenses as necessary living expenses. These expenses can be allowed when you can prove that they are necessary for the health and welfare of you or your family or for the production of income.
Time granted by the IRS to postpone a due date. (See “Due Date.”) Generally, extensions must be requested, but some are automatic depending on the taxpayer’s circumstances.
The price a willing buyer and seller of property would agree on as fair; neither being under any compulsion to buy or sell and both having reasonable knowledge of relevant facts.
Only Enrolled Agents CPA's and Attorneys are allowed to represent taxpayers before the IRS. An un-enrolled tax preparer can defend a client for whom he prepared a tax return during audit but cannot take it to appeals or represent the taxpayer before the collections division. Our members are all federally authorized to represent all taxpayers. We are not affiliated with nor are employees of the IRS. We work exclusively to provide you with the best representation possible in your controversies with the IRS.
Used by the IRS to provide public notice to third parties and establish priority of a claim against a taxpayer. The federal tax lien is a blanket lien that attaches to all existing and after acquired property (e.g., equipment) and to all rights to property (e.g., accounts receivable). A federal tax lien does not divest the taxpayer of his or her property or rights to transfer property (a levy does the divesting).
Acronym for “Federal Insurance Contributions Act.” Taxes collected for the Social Security and Medicare programs.
Audits are an examination of the tax return you filed with the IRS. The examiner, typically a Revenue Agent, looks for undocumented income and unsubstantiated expenses or deductions. If the audit is performed in the IRS office, it is considered an office audit. These are common for wage earners. If the audit is conducted at the taxpayer's home or place of business, these are field audits. For our clients, field audits are typically conducted in our offices. It is generally too disruptive to have an IRS auditor or examiner hanging around your office for several days.
The category that a taxpayer qualifies for and selects on a tax return. Examples include “Single,” “Married Filing Joint,” “Head of Household,” etc.
Final Notice of intent to Levy
Usually takes the form of IRS letter 1058 or LT11. Generally, the IRS cannot levy or seize assets unless and until this letter is issued.
A tax accounting period (see “Tax Year”) other than a calendar year that ends on the last day of any month other than December. Generally, a tax year is twelve months in duration, although short years may be encountered when a business entity starts or ends.
Forms are standardized documents approved by the IRS. They may be a return, attached to a return, or they may be notifications from either the taxpayer to the IRS or vice versa. Generally, forms, when properly executed, are considered legal documents. IRS forms are numbered or lettered, and are often referenced by their form or schedule number.
A federal law giving citizens the right to see governmental documents, including their IRS files. Freedom of Information documents can be used to explain why, how, when and where a taxpayer's IRS problems started. Having this information is helpful as it discloses the IRS information used to assess taxes, penalties and interest against the taxpayer. Any taxpayer having difficulty in sorting out what the IRS is doing to them should consider using the Freedom of Information Act to obtain their IRS files.
Victims of fraudulent investment schemes (Ponzi Scheme) who have lost all or most of their investment, may be eligible to take advantage the United States Tax Code (law) and recoup 30% to 40% of their losses under Internal Revenue Code Section 165 treatment. Most victims of these types of white collar crimes can convert their capital stock losses into ordinary losses and offset them against prior, current and future ordinary taxable income, thereby reducing the taxes paid in those years, and receiving a refund with interest. The process generally involves amending prior years tax returns and is a highly technical, time consuming and complex process that could prove invaluable to those who've sustained major investment losses due to fraud and white collar crime.
Acronym for “Federal Unemployment Tax Act.” These taxes help provide for payments of unemployment compensation to workers who've lost their jobs. These taxes are assessed on business entities that have employees. Note: An owner may be an employee of the business, depending on the type of business entity.
The amount the IRS could collect from your future income by subtracting necessary living expenses from your monthly income over a set number of months. For a cash offer, you must offer what you could pay in monthly payments over forty-eight months (or the remainder of the ten-year statutory period for collection, whichever is less). For a short-term deferred offer, you must offer what you could pay in monthly payments over sixty months (or the remainder of the statutory period for collection, whichever is less). For a deferred payment offer, you must offer what you could pay in monthly payments during the remaining time we could legally receive payments.
Garnishments - Wage Garnishments
Garnishments are ongoing levies. Most common is the wage garnishment in which the IRS takes all but a pittance of your take home pay. The IRS would serve its garnishment on your employer. The employer is required to leave you a preset amount to live on (although you couldn't live on the amount the IRS authorizes) and send the balance to the IRS toward your tax debt. The garnishment is one of the most effective tools the IRS has to get you to the bargaining table. And most employers hate garnishments since it creates a lot of extra work for their payroll department. Some employers have policies against having unresolved tax debts. We have a strong track record of getting the IRS to release the garnishment. Also see Levies.
From a tax standpoint, a hobby is an activity for which a taxpayer may receive income, but is not engaged in for the primary purpose of profit. Deductions allowed for expenses in connection with a hobby may not be greater than the reported income derived and are allowed only as personal itemized deductions (hobby expense deductions are suspended for tax years 2018 through 2025 inclusive). If, during an audit or examination, the IRS decides a business is not likely to generate taxable income, the activity may be reclassified under the hobby loss rules, with expenses disallowed in accordance with the tax rules in effect in the tax year(s) disallowed. Hobby income is generally not subject to self-employment taxes.
Acronym for Information Document Request. (See “Information Document Request”)
A detailed request involving a tax matter from the IRS for information or supporting documentation. Requests may be made on an IRS Form 4564 Information Document Request or as part of an audit letter. (See “Audit Letter”)
A tax on income. What is taxable income in the United States is generally defined by Congress through the Internal Revenue Code. (See “Internal Revenue Code”)
A taxpayer who files a joint return, and all or part of a refund due is expected to be applied by the IRS against the debts of the other spouse.
In order to help taxpayers that are being subjected to IRS problems because of their spouse's (or ex-spouses) actions, the IRS has come up with guidelines for tax relief where a person may qualify as an innocent spouse. This means that if a taxpayer can prove they fit in those guidelines, they may not be subject to the taxes caused by their spouses or ex-spouses. They may qualify for innocent spouse tax relief.
A financial condition in which an individual or entity’s liabilities exceed the value of assets.
The installment agreement is a payment plan between you and the IRS. The IRS has some flexibility regarding the payment amount as long as the debt will be paid off before the statute of limitations expire. If the amount due is small and you are offering large payments, it can be quite simple to get an installment agreement. The agreement comes with some strings attached, such as staying current on the filing and paying of future tax returns for as long as the agreement is in place. Penalties and interest will continue to be charged although the penalty rate is currently reduced during the installment agreement. The IRS charges a nominal fee to setup an installment agreement. For larger debts or those debts involving payroll tax issues the IRS may elect to assign a Revenue Officer (debt collector) to determine the maximum payment they can bet from you.
An amount charged or added to corpus or principal for the use or forebearance of money. When a taxpayer receives interest it is income that is generally includable on the tax return. Interest paid may or may not be deductible, depending on the underlying loan and the circumstances of that loan. For example, the qualified interest on home mortgage debt is deductible up to the limits on the underlying debt, and interest attributable to amounts greater than that is not. The IRS also charges interest (nondeductible) on past due tax liabilities.
The portion of the United States Code (Title 26) consisting of the tax laws.
Internal Revenue Service (IRS)
The branch of the U.S. Department of Treasury (see “Department of the Treasury”) responsible for the collection of federal taxes and enforcement of the Internal Revenue Code.
Acronym for the Internal Revenue Code. (See “Internal Revenue Code”)
Deductions for allowed personal expenses claimed on the Schedule A of Form 1040 (see “1040 (Form)”).
An expedited procedure by which the IRS imposes a tax liability without notifying you first. A jeopardy assessment is rare and used when the IRS believes the taxpayer is about to leave the country or hide assets.
See “Employee Business Expenses.”
The schedule issued by partnerships (see “Partnership”), Limited Liability Companies (LLC), Trusts, Estates and S Corporations (see “S Corporation”) to report an individual partner, member, beneficiary, or shareholder’s share of the income and expenses from the partnership, LLC, trust, estate or S Corporation. The schedule also shows the tax nature of the income and expenses.
Income from whatever source is considered taxable income. Any adjustments, deductions and credits that are available to reduce taxable income or tax liability are at the discretion of, and granted by, Congress.
A levy is the taking of an asset. Most common is the bank levy. The IRS serves a levy notice on your bank for money held in your account. The account is frozen for an amount of money up to the amount owed to the IRS. If there is less in the account than you owe, the whole account is frozen for 21 days. During that time the original amount in the account is locked up. Any new money added is not part of the original levy. At the end of the 21 days the money is transferred to the IRS unless you have obtained a release from the IRS. Most levies are one-shot deals but the IRS can continue to get new levies on a daily basis. They generally don't. Part of resolving tax debts is to obtain from the IRS a release of the levy. Also see Bank Levy or Wage Levy.
A lien is merely a statement alleging that you owe a tax debt. It is legally created anytime you owe taxes. It can show up on your credit report, and if the IRS locates property you own, it can be filed against the property. The most common example is a lien filed against your home. Once filed, you cannot sell the asset until the lien is paid off. For houses, the payoff is part of closing. And if you don't have sufficient equity to payoff the mortgage(s) and lien, you can only sell your home by bringing your own money to closing.
The amount the IRS can get from a distress sale of a taxpayer's assets, usually a public auction (typically 70% of fair market value).
Maximum allowances for housing and utilities known as Local Standards, vary by location. Unlike the National Standards, taxpayers are allowed the amount actually spent, or the standard, whichever is less. There are separate allowance amounts for transportation expenses.
The tax bracket (see “Tax Bracket”) in which the last dollar of a taxpayer’s taxable income falls. It is sometimes referred to as the marginal tax rate.
See “Marginal Tax Bracket.”.
Miscellaneous Deduction Not Subject to 2%
A personal itemized deduction (see “Itemized Deductions”) that may be claimed without regard for whether the amount of the deduction exceeds 2% of adjusted gross income (see “Adjusted Gross Income (AGI)”). These deductions are specified in the IRC (see “Internal Revenue Code”) and remain available in all open tax years.
Miscellaneous Deduction Subject to 2%
A personal itemized deduction (see “Itemized Deductions”). The total of all deductions in this category must be greater than two percent of adjusted gross income (see “Adjusted Gross Income (AGI)”) to be deductible. The part that exceeds the two percent is added to the total of other personal itemized deductions. Generally this deduction is not allowed in tax years (see “Tax Year”) after 2017 and before 2026 (2018 through 2025 inclusive).
Income reported to the taxpayer on a 1099-MISC form and income not reported on an IRS form but received by the taxpayer. Such income may include, but is not limited to, self-employment income, rental income, and hobby income.
A term used by the IRS to describe programs designed to gather information or data relating to taxpayer compliance with reporting requirements, income classification, etc. The IRS claims it uses this information to improve their forms, audit selection, and other internal processes. These programs select tax returns for audits based on random samplings and not on suspected misstatements on the taxpayer’s return. Consequently, such audits may be more extensive than other types of audits.
Allowances for food, clothing and other items, known as the National Standards, apply nationwide except for Alaska and Hawaii, which have their own tables. Taxpayers are allowed the total National Standards amount for their family size and income level, without questioning amounts actually spent.
The allowable payments you make to support you and your family's health and welfare and/or the production of income. This expense allowance does not apply to business entities. Publication 1854, How to Prepare a Collection Information Statement (Form 433-A), explains the National Standard Expenses and gives the allowable amounts. We derive these amounts from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey. We also use information from the Bureau of the Census to determine local expenses for housing, utilities, and transportation. Note: If the IRS determines that the facts and circumstances of your situation indicate that using the scheduled allowance of necessary expenses is inadequate, we will allow you an adequate means for providing basic living expenses. However, you must provide documentation that supports a determination that using national and local expense standards leaves you an inadequate means of providing for basic living expenses.
Another term for the Notice of Deficiency. (See “Notice of Deficiency”)
A letter issued by the IRS as the result of a notice, examination, or audit, stating they have accepted the return as filed and propose no changes to the tax liability. This is a closing letter, and generally concludes the examination or audit.
Acronym for a Notice of Deficiency. (See “Notice of Deficiency”)
Non-Cash Charitable Contributions
Assets donated to charitable organizations that are not money contributions. (See also “Charity (Recognized)” and “Donation”)
Property that cannot be identified as Community Property. (See “Community Property”)
A credit that reduces the calculated tax liability on a tax return, but not below zero. If the credit exceeds the liability it is either lost or carried forward, depending on which credit it is.
A notification from the IRS that its computers have found an inconsistency between the information reported to it from other sources and the information on a tax return, or that the IRS has changed the return based on its information. Responses, if necessary, may vary depending on the type of notice and the taxpayer’s circumstances. Generally, the notice requests either an explanation for the inconsistency or payment of the amount due, if any. Usually notices are issued by the AUR unit (see “Automated Under Reporter” or “AUR”), which effectively means the notice is issued by computer and not reviewed until the taxpayer response is received.
Commonly called an “NOD” or “Stat Notice.” Generally, the final notice issued by the IRS. The notice includes the additional taxes due as the result of a notice, examination, or audit. The NOD also informs the taxpayer that without response the IRS will assess the additional taxes and turn the case over to the collections process. The NOD gives the taxpayer ninety days to submit additional substantiation and/or petition the tax court should they disagree with the IRS examination report.
The "pennies on the dollar" program allows taxpayers to settle their tax debt for something less than full payment. The criteria is fairly rigid and was designed by Congress, not the IRS. It is a pure business decision. The IRS determines what it could liquidate you for and adds to that what it could collect over the next 48 months and arrives at a minimum amount it might accept. The OIC program is a great program for those that qualify. But don't use it lightly since it stops the running of the statute of limitations on collections. Proper preparation of IRS financial statements is the key to a good OIC. And since the IRS is back-logged with Offers, patience is a virtue. But for those that qualify, this is a great program. Offers can be made with a lump sum payment or payments over time (much like an installment agreement). Acceptance by the IRS of an offer does come with strings attached, such as staying current with filing and paying for five years after the offer is accepted.
Acronym for “Offer in Compromise.” (See “Offer In Compromise”)
If you have undeclared funds in foreign bank accounts, now is the time to act in order to reduce your chances of criminal prosecution, minimize severe IRS penalties and work out a structured IRS payment plan. If you believe that you owe back taxes on your foreign accounts, you will need expert tax help (specialized tax attorney, tax resolution firm, etc.) disclosing your foreign funds, obtaining FBAR compliance, and mounting your offshore tax evasion defense.
A tax year (see “Tax Year”) that the IRS may audit. Generally, after a certain period of time has passed (see “Statute of Limitations”) a tax year is considered closed and may not be audited, regardless of the content of the return, usually 3-years for the IRS. There are exceptions to the 3-years, for instance, if gross income is understated by certain amounts, or if a return is not filed, or if an item under audit in an open tax year is affected by an item on a return in a closed year.
Income that is not subject to special tax rates. Example: When an investment asset is sold that was held long-term, the gain is taxed at capital gains (see “Capital Gain”) rates, but when it is held for a year or less the gain is taxed at “ordinary income” rates just as W-2 wages would be.
If you owe delinquent payroll taxes, it is important to know that the IRS assigns a higher priority to collecting employment taxes than income taxes. Delinquent payroll taxes will not only generate huge IRS penalties and debt, but may also be considered a federal crime. It is important to resolve payroll tax debt problems swiftly to protect the future of your company.
A person who prepares—or assists in preparing—income tax returns for compensation. The IRS requires all paid preparers to have PTIN numbers. (See “PTIN.”)
A form of business organization consisting of two or more persons or entities in which all parties (partners) have an ownership interest, and the business is not organized as a corporation under local law. A partnership generally files a partnership return (see “Partnership Return”), but under certain circumstances a husband and wife are allowed to report the business as qualified joint venture on their personal tax return.
Parnership ReturnThe tax return filed by a partnership is IRS Form 1065. This return is generally informational only. Individual partner’s share of income and expenses is reported to the partner on a Schedule K-1.
Partial Payment Installment Agreement
An Installment Agreement wherein the IRS accepts a lesser amount over time in lieu of the full amount owed for back taxes.
From a tax standpoint, an amount tendered to the IRS associated with a tax identification number (see “Tax Identification Number”) for a specified tax year. Payments can result from withholding on a paycheck or retirement plan distribution, or amounts withheld by brokers, banks or other financial institutions, or the government themselves such as with Social Security benefits. They may also result from tax credits (see “Credit”), refunds (see “Refund”) from a previous year applied to the current tax year, estimated tax payments, or other checks written to the IRS by the taxpayer. On the Form 1040 (see “1040 (Form)”) payments are netted against the tax liability to determine whether the taxpayer owes more in taxes or is due a refund.
See Installment Agreement.
The IRS assesses two types of penalties on late filed income tax returns. The first and most expensive is the failure to file. Any tax return filed after the due date, including extensions, is considered late. The penalty is based upon the balance due with the tax return. The second penalty is the failure to pay. This is also based upon the amount due with the tax return and is calculated from the due date of the return, without regard to extensions. Some people erroneously believe that since they have a refund they don't need to worry about filing on time. However, if the return is ever audited and the result is a balance due, the penalties will be based upon the due date of the return, even if the audit occurs 2 years later.
An amount charged by the IRS as an additional assessment when a taxpayer has violated the Internal Revenue Code. (See “Internal Revenue Code”) There are many different types of penalties imposed by the IRS. Some of these are mandatory penalties that must be assessed by statute, and others are added at the discretion of the IRS.
A waiver or partial waiver of an imposed penalty. (see “Penalty”)
An offer pending starting with the date an authorized IRS official signs Form 656 and accepts your waiver of the statutory period of limitation, and remains pending until an authorized IRS official accepts, rejects or acknowledges withdrawal of the offer in writing.
A form filed with the U.S. Tax Court requesting a hearing to contest a proposed IRS tax assessment.
Certain deductions or credits are available to the taxpayer until a certain income level is reached. The available credit or deduction amounts are reduced as income increases and are eliminated when the income reaches the phase out amount. This is known as being phased out.
Acronym for Power of Attorney. (See “Power of Attorney”)
Power of Attorney (IRS Form 2848)
A form appointing a tax representative to deal with the IRS on your behalf.
It is common practice that after a petition (see “Tax Court Petition”) has been filed with the Tax Court (see “Tax Court”), for the taxpayer’s documentation and/or tax position to be evaluated by an Appeals Officer (see “Appeals Officer”) prior to a trial date being set. The Appeals Officer will meet with the taxpayer or representative after this evaluation in an effort to settle the dispute prior to going to trial. This meeting is called the Pre-Trial Conference.
Protracted Installment Agreement
An installment agreement that extends beyond the period allowed under IRS issued guidelines.
An installment agreement that extends beyond the period allowed under IRS issued guidelines.
Acronym for Qualified Business Income. (See “Qualified Business Income”)
Acronym for a Qualified Domestic Relations Order. (See “Qualified Domestic Relations Order”)
Qualified Business Income (QBI)
Certain income from which a taxpayer may take a 20% deduction before calculating taxable income. Sole proprietorships (see “Sole Proprietorships”), partnerships (see “Partnership”), S-Corporations (see “S Corporation”), trusts, and estates may be eligible for the deduction. Whether the taxpayer is eligible for the deduction may be limited depending on taxable income of the taxpayer, on the type of trade or business, W-2 wages paid by the business, the basis (see “Basis”) of certain property held by the business, and perhaps other factors. Also known as a Section 199A deduction. This deduction is available in tax years 2018 and later.
Qualified Domestic Rellations Order (QDRO)
A type of a court-ordered judgment or decree that is made according to a state’s domestic relations laws which may relate to provisions for child support, alimony payments, or marital property rights. The QDRO is a court-ordered demand for payment from one party's qualified retirement plan for the benefit of a second party. A state authority–generally a court–must issue the judgment, order, or decree, or otherwise formally approve the property settlement agreement before it can be a considered a QDRO.
The amount that can be realized from the sale of a taxpayer's assets when financial and other pressures force the taxpayer to sell quickly, typically in ninety days or less. This amount generally is less than current value, but may be equal to or higher, based on local circumstances typically 80% of fair market value.
Acronym for a Revenue Agent. (See “Revenue Agent”)
The quick sale value amount minus what you owe to a secured creditor. The creditor must have priority over a filed Notice of Federal Tax Lien before we allow a subtraction from the asset's value.
There are a variety of reasons why taxpayers don't file or pay. Divorce, job loss, death of family members, mental or physical diseases, drug and alcohol problems, dog ate the homework, etc. are many of the reasons why taxpayers fail to file or pay. The law allows for the abatement (removal) of penalties for reasonable cause. Obviously, it is very subjective.
Reasonable Collection Potential (RCP)
The total realizable value of your assets plus your future income. The total is generally your minimum offer amount.
Audit reconsiderations are discretionary on the part of the IRS. However, we have been successful in convincing the IRS to reopen an audit where the taxpayers were poorly represented or new information is now available that was not available at the original audit.
An amount due a taxpayer from the IRS. Refunds are generally the result of overpayments (see “Payment”), refundable credits (see “Refundable Credit”) in excess of payments and tax liability, or adjustments to tax liability.
A tax credit (see “Credit”) that is added to the taxpayer’s payments rather than being subtracted from the tax liability. The amount of the credit may be received by the taxpayer as a refund, even if the taxpayer does not owe any tax.
Request for a Collection Due Process Hearing (CDP Form 12153)
An all purpose appeal that generally is invoked by filing form 12153, when the IRS has already issued a Lien, is about to issue a levy, and you want to request an alternative collection option that is less intrusive such as an Offer in Compromise, Payment Plan, be declared currently not collectible, request Innocent Spouse Relief, or request a withdrawal, discharge or subordination of a lien. There are certain legal and administrative notices and requirements the IRS must send/meet before a taxpayer can file this type of Appeal. Also see Appeal, Collection Appeal Request or Application for Taxpayer Assistance Order
A type of IRS tax examiner. (See “Examiner”) Revenue Agents tend to be assigned to field audits and other more complicated cases.
The IRS has 10 years to collect on back taxes unless the time period has been extended, either by consent of the taxpayer or by certain actions of the taxpayer. The most common reason for the statute of limitations to collect to have been extended is when the IRS has no ability to collect on the debt. Typically, this is because the taxpayer was out of the country, had made an Offer in Compromise, or was under the bankruptcy court. During the time the IRS could not legally collect the running of the 10-year statute of limitations is stopped (tolled). Knowing what has happened during the 10 years is critical to knowing when the IRS can no longer dun you for the debt. It is not uncommon for a tax debt to be removed because the time to collect has expired. The IRS is allowed to accept payments from you but they can't dun you for any debt that is outside the statute of limitations for collections.
A form of business organization. An S Corporation is a separate legal entity. An S Corporation is considered a pass-through entity, in that income and losses are passed through to the shareholder(s). This allows for any income to be taxed only once on the shareholder’s tax return, unlike a C Corporation. (See “C Corporation (or C Corp)”)
A calculated table used to determine the amounts allowed as a sales tax deduction when a taxpayer chooses to claim sales taxes (see “Sales Tax”) paid as a personal itemized deduction instead of state and local income taxes. The calculated amount is based on the taxpayer's income, sales tax rates in the taxpayer's place of residence, and the amount of time the taxpayer resided in an area. Generally, the taxpayer has a choice of claiming the sales tax table amount, the actual sales taxes paid, or state and local income taxes (see “Income Tax”) as an itemized deduction on Schedule A of Form 1040.
Acronym for self-employment taxes. (See “Self-Employment Tax (SE Tax)”)
A tax collected on the purchase of a new item (intended to be used by the purchaser and not resold) that is based on a percentage of the sales price. Amounts collected on the purchase of used items or items purchased in another tax jurisdiction are known as “Use Taxes.” The tax treatment of sales taxes and use taxes are usually identical, and oftentimes no distinction is made.
Acronym for self-employment taxes. (See “Self-Employment Tax (SE Tax)”)
Allows taxpayers to expense certain property with greater than 50% business use rather than recover the cost through depreciation (see “Depreciation”). Eligible property generally includes new purchased tangible personal property, and certain real property. The deduction is subject to a limit, and is also limited by business income and investment limits. These limits vary with the tax year (see “Tax Year”) depending on what has been legislatively authorized (see “Legislative Grace”) for that tax year
Also known as Qualified Business Income Deduction (see “Qualified Business Income
In a correspondence audit (see “Correspondence Audit”), the IRS issues an initial notice, and then will issue a second notice. The first notice generally notifies the taxpayer that the tax return is being examined. The second notice generally disallows the deduction(s) under examination and notifies the taxpayer of the proposed amount due.
If a person is engaged in a for-profit trade, activity, or business, and is not paid as an employee (i.e., wages or salary), then that person would be considered self-employed. In cases that are in dispute as to whether a taxpayer is self-employed or employed (see “Employed”), the IRS applies a common law test and looks at all of the facts and circumstances to make this determination. This determination has an impact on who is responsible for employer-related taxes. (See “FICA Taxes,” “FUTA Taxes,” and “Self-Employment Tax.”)
Tax calculated on income derived from self-employment activities. (See “Self-Employed”) This tax is the equivalent of FICA taxes (see “FICA Taxes”) assessed on wages and salaries.
A person who conducts a sole proprietorship (see “Sole Proprietorship”) business activity.
A form of business organization in which the taxpayer is the sole owner and has not registered the business as a formal business organization with the appropriate state authority (usually the Secretary of State or Director of Corporations, or equivalent). While usually simplifying income tax reporting, sole proprietorships are generally not the preferred business organization except for small business as it exposes the sole proprietor to full liability.
A deduction (see “Deduction”) amount determined by Congress, allowed if the taxpayer does not itemize deductions. (See “Itemized Deductions.”) In some instances, a taxpayer may be required to claim the standard deduction, or in other instances to itemize personal deductions, but generally the taxpayer will claim whichever amount is greater. Most tax programs automatically assign the greater deduction unless an election is made not to do so.
Another term for a Notice of Deficiency. (See “Notice of Deficiency”)
Legal limits imposed on the IRS for assessing and collecting taxes, and on the Justice Department for charging taxpayers with tax crimes. The current statute of limitation for collection is 10 years from the date of assessment. However, the statute can be extended by certain actions of the taxpayer.
A cite the IRS will accept to uphold a tax position or interpretation of the Internal Revenue Code (See “Internal Revenue Code”). District Court decisions, Tax Court decisions, the IRC (see “IRC”), and Treasury Regulations are all considered substantial authority. Other lesser forms of substantial authority are Congressional Registers, committee minutes, private letter rulings (unless the ruling is used by the individual or entity to whom it was written, in which case it is conclusive substantial authority).
The law allows the IRS to take the income reported to it under your social security number and file a tax return for you. If you were single the prior year, they will file you as single. If you were married the prior year, they will file a return for you as married filing separate. They will not take any itemized deductions you might be legible for nor will they deduct for any dependents you might be entitled for. It will be a very basic return designed to produce the highest amount of tax allowed to the IRS. It is rarely in your best interest. And since you didn't file the return yourself, the year remains open (subject to assessment and collection) forever.
Acronym for the Taxpayer Advocate Service. (See “Taxpayer Advocate Service”)
An attorney that specializes in providing tax relief to individuals and businesses with tax problems at the state or federal level. A tax attorney can help taxpayers secure offers in compromise, installment agreements, penalty abatement, innocent spouse relief, release of liens or levies, non-filer issues and many other tax settlements. Also see Certified Tax Resolution Specialist (CTRS)
Points at which Congress has predetermined a tax rate begins and ends. For example, if taxable income amounts between $12,000 and $20,000 are assessed at a 12% rate, the income range is known as the 12% tax bracket. Brackets are determined by filing status and taxable income.
A court of record where a taxpayer may dispute a tax deficiency as determined by the IRS before paying any disputed amount. They may also handle other items relating to the Internal Revenue Code. Taxpayers may also appeal a case to U.S. District Courts (or U.S. Court of Federal Claims), but in that case the tax must first be paid and the filing is a request to recover the contested amount claimed. Tax Court decisions are not binding on U.S. District Courts, although District Court decisions are binding on the Tax Court. Tax Court decisions are considered substantial authority (see “Substantial Authority”).
The document that must be filed with the tax court in order for a disputed tax matter to be considered and decided by the court. Generally, the petition must be filed within a 90-day period following the IRS issuance of a notice of deficiency. (See “Notice of Deficiency”)
Assistance for tax-burdened individuals or businesses who seek a reduction in the amount of taxes owed. Tax relief includes settlements obtained by offers in compromise, installment agreements, penalty abatement, innocent spouse relief, release of liens or levies and other tax resolution strategies.
While taxpayers may always represent themselves before the IRS. many taxpayers find dealing with the IRS frustrating, time-consuming, intimidating or all of the above and so they make the decision to hire professional tax help (specialized tax attorney, tax resolution firm, etc.) to negotiate with the IRS on their behalf.
A number issued by a governmental agency that the IRS uses as an identifying number on tax returns and other tax documents. For U.S. citizens, this is the social security number issued by the Social Security Administration. Other tax identification numbers are ITIN’s (Individual Taxpayer Identification Number), ATIN’s (Adoptee Taxpayer Identification Number), and EIN’s (Employer Identification Number). Also known as a Tax ID Number.f.
An IRS program that provides an independent system to assure that unresolved problems are promptly and fairly handled.
Document consisting of all necessary forms and supporting schedules that is filed with the IRS stating all income, expenses, deductions, adjustments, tax liability, credits, tax payments, and taxes owed or refund due. Tax returns are filed by individuals (see “1040 (Form)”) and legally recognized business forms for entities such as partnerships or corporations.
The twelve-month period on which an individual or entity's annual tax return is based and on which the income tax liability is calculated. For most taxpayers this is the calendar year, but some businesses have fiscal tax years (See “Fiscal Tax Year”). Generally, a tax year is twelve months in duration, although short years may be encountered when a business or trust entity starts or ends.
An independent office of the IRS, also known as TAS or Office of the Taxpayer Advocate. If a taxpayer is experiencing problems in dealing with the IRS and is in danger of economic harm, the TAS office may assist the taxpayer in resolving the issues between the taxpayer and the IRS. The taxpayer or their representative (see “Audit Representation”) has to request the assistance of the TAS office, and whether or not TAS will provide assistance is at the discretion of TAS.
A brief statement of certain rights the taxpayer has in dealing with the IRS, they can be found in IRS Publication 1, Your Rights as a Taxpayer. Some of these rights were codified. (See “Internal Revenue Code.”)
A common law civil action (tort) that exposes a lender to damages and applies when the lender intentionally interferes with personal property (e.g., inventory, receivables, etc.) belonging to another entity (for our purposes, the IRS).
The department of the United States government of which the IRS is a part, formally known as the United States Department of the Treasury.
Penalty (formerly called 100-percent Penalty) A penalty incurred by the responsible person(s) of a business for failure to pay Withholding and Federal Insurance Contributions Act Taxes (Social Security taxes)
A temporary designation by the IRS meaning a taxpayer does not have significant assets or available income, at the present time, from which to satisfy an IRS debt in part or in full. This designation takes a case out of collection, until a taxpayer has an ability to pay.
Form that should be filed when a lender extends money to a debtor and the debtor pledges collateral to the lender in exchange for the loan. The form is filed to perfect a lender’s security interest in the debtor’s personal property based on the requirements of the Uniform Commercial Code (i.e., giving public notice), thereby establishing a relative priority with other creditors of the debtor.
See “Sales Tax.”
Taxpayers can participate in the voluntary disclosure program before the IRS has initiated a civil or criminal examination or before the taxpayer has received notice of such an investigation. The IRS offers leniency for voluntary disclosure and it is good advice for any American with IRS tax problems to take advantage of this policy. Under this policy, taxpayers have avoided prosecution for possible tax evasion and have had taxes, penalties, and interest reduced.
The form used by a United States employer to report to an employee, the IRS, and state and local taxing agencies total annual earned income, tax payments withheld from income, and certain other deductions taken from gross income from an employee (see “Employed”).
A reference to income received from being an employee, either as wages or salary. (See “W-2 (Form)”)
Voluntarily surrendering a legal right, such as the right to have the IRS collection period on a delinquent tax debt expire at the end of the statutory time period. The IRS may require waivers in exchange.
The IRS can levy your wages or accounts receivable and all other sources of income. The person, company, or institution that is served the levy must comply. If they do not comply, they too may have daunting IRS (legal) problems. Wage levies are filed with your employer and remain in effect until the IRS notifies the employer that the wage levy has been released. These are generally referred to as a continuous levy. Most wage levies take so much money from the taxpayer's paycheck that the taxpayer doesn't have enough money to live on. Also see Bank Levy or Levies.
A levy wherein the IRS seizes assets that belong to the lender. The “wrongful” label is not applied because the IRS cannot levy – assuming they have issued the final notice of intent to levy, the IRS can levy at any time. However, if the lender has a secured interest in the receivables while the IRS does not (or the lender’s security interest has priority over the IRS’s), the IRS’s levy is considered “wrongful.”
A common term describing the second notice (see “Second Notice”) from the IRS, it is called as such because the IRS issues a second notice in a correspondence audit (see “Correspondence Audit”) generally thirty days after the first notice was sent.