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Past Questions Main

Question: Is it true that the IRS can come after a person for overdue taxes? Someone we know has been receiving phone calls, telling him to send them a check.

A BuyandHolder

Answer:

Dear BuyandHolder,

Yes. The IRS has the right to pursue anyone who owes taxes. However, there are also scam artists who do the same thing. One needs to distinguish between the two. I suggest that to do so, you turn to an expert, either a certified public accountant or an enrolled agent -- both are qualified to represent taxpayers before the IRS.

If you need help in locating a professional tax preparer, ask your lawyer for a recommendation or find an Enrolled Agent in your area at: www.naea.org.

Obviously, it is important to settle up with the IRS. Your "friend" has several options.

Paying by credit card

Your friend can pay his taxes by credit card and then make monthly payments to the card company, just as he would on any debt. The IRS accepts Visa, MasterCard, the Discover Card or American Express.

Caution: There is a 2.5% convenience fee -- which goes to the credit card processor. It's based on the amount to be paid. He will also have to pay any interest incurred on his credit card.

The installment plan

Another alternative -- he can apply for an IRS installment agreement, provided all his returns have been filed. He will then make monthly payments by mailing in a check or by automatic withdrawal from his checking account.

There is a $43 fee to set up this type of agreement. Interest will be owed on the balance. To apply, use Form 9465, "Installment Agreement Request," which can be downloaded at: www.irs.gov.

Here come the debt collectors

The IRS recently announced that it is planning to use private debt collectors to rake in as much as possible of the $76 billion owed in uncollected taxes. Apparently, some $30 billion is currently unpaid just because the IRS does not have the manpower to go after it.

You may recall that several years ago, Congress made it more difficult for the IRS to be "heavy handed" in its collection policies, and thus we were introduced to the "kinder, gentler IRS." But now, as part of President Bush's tax cut bill, the IRS will be able to use approved private collection firms.

The collection agency, in turn, will keep a percentage of what they collect -- perhaps as much as 25%. The collection agencies will be allowed to contact taxpayers by letter or phone. The taxpayer, in turn, can negotiate either a lump sum payment or set up an installment plan. Taxpayers will not be allowed to make a partial payment.

Bottom Line

I recommend that your "friend" settle with the IRS before they roll out the private collectors...they're not likely to be very friendly.

Click here to read a previous Under the Oak piece to learn more about Enrolled Agents.

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