Discharging Taxes in Bankruptcy
 
 
 
 
 
 
 
   
 
 
 
 
 
 
   
     
 
Installment Agreements
     
     

If you can't pay the full amount you owe the IRS, and you don't presently qualify for an Offer in Compromise, an Installment Agreement may be your next best option. In some cases, an Installment Agreement will allow you to pay the tax liability in smaller, more manageable amounts.

Installment Agreements generally require equal monthly payments. The amount of your monthly payment will be based more on your ability to pay than on the amount you owe. You should know, however, that an Installment Agreement can be more expensive than borrowing money from other sources to pay what you owe. This is because the IRS charges interest and penalties even during the period of the Installment Agreement. The interest rate on a bank loan, or even a cash advance on your credit card, may be less than the combination of penalties and interest charged by the IRS. Also, if you can get a second mortgage or home equity line of credit the interest may be deductible, whereas interest and penalties that you pay to the IRS are not deductible. The IRS charges a $43 "user fee" for implementing an Installment Agreement.

Even though you enter into an Installment Agreement and you make the required payments, the IRS may still file a Notice of Federal Tax Lien against you. However, the IRS can't levy (seize) your property or your wages --

  • while a request for an Installment Agreement is pending;
  • while an Installment Agreement is in effect;
  • for 30 days after an Installment Agreement request has been rejected; or
  • while an appeal of the rejection of the Installment Agreement request is being appealed.

Complete a Client Data Form so we can estimate your minimum monthly Installment Agreement payment. (The same information can be used to determine whether you qualify for an Offer In Compromise.)


WANT MORE INFORMATION?

Negotiating Installment Agreements, published by the Maryland Society of Accountants in "The Freestate Accountant" as part of Mr. Haynes' series "Dealing with the IRS Collection Division."

IRS Tax Topics -- "What to Do If You Can't Pay Your Taxes."

     
   
     
 
 

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BJ Haynes is a tax and IRS lawyer who assists clients with tax problems, IRS problems, tax liens, tax audits, tax returns, tax evasion, tax fraud, tax court, IRS audits, IRS levies, IRS criminal investigations. The law office of Burton J. Haynes, PC practices in all states including Virginia, Maryland, and Washington DC with both civil and criminal tax problems.

This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. As required by U.S. Treasury Regulations governing tax practice, you are hereby notified that any tax advice contained in this communication (including any attachments) was not written or intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or, (ii) promoting, marketing or recommending any matters to another party.

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