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What if my monthly payments will not pay off the debt in ten years? The IRS wants to get paid in full. However, it cannot get more than you are capable of paying given your income, assets, and a basic standard of living. This means that if you prove to the IRS that your maximum payment is only $100, for example, and even if you owe half a million dollars, they have to accept your payment. That, however, may only be temporary, as the IRS can revisit your ability to pay periodically. A payment agreement that will not pay off the liability within the collection statute is called a “Partial Payment Installment Agreement” (or “PPIA”). The IRS can’t collect more than you can pay, so it is forced to settle for what it can collect within their 10-year collection statute. Does the Statute of Limitations have any affect on my ability to settle?

What happens to the tax, penalty and interest at the end of the 10-year statute? If you make it to the end of the ten years (and nothing extends the collection period-see below), the tax, penalty and interest are written off and you no longer owe the debt. What if you don’t file a return. The IRS files one for you? The IRS can prepare a substitute return. The 10-year statute begins when the IRS assesses the balance they figure for you. If you later file your own return, the collection statute starts over. Usually, the IRS will overstate your income and/or understate your deductions leaving you with a higher tax burden than if you had filed your own return. So, you may want to file your own return to make sure they only collect what is actually owed, even though it means resetting the 10-year statute. What if the IRS audits or disagrees with the tax owed on your return and an additional tax is assessed? That new tax liability will reset the 10-year statute over again. What if you amend your return to lower your tax liability?

The amended return resets the statute. Does the 10 year statute apply to all federal taxes? Yes. There is only one 10-year SOL for all the different types of federal taxes, whether it is income tax, employment tax, or excise tax. All taxes fall under the 10-year statute from the due date or assessment date, whichever is later. I filed my return more than ten years ago. Why do I still owe? Probably because the statute was paused for a period of time. The 10-year SOL can be suspended by certain actions you take to stop collections. There are actions that you, the taxpayer, can take which prohibit the IRS from collecting, and so the 10-year statute is suspended until such actions are completed and the IRS can once again collect. The ten years allowed to collect has not changed, it is only suspended. Some examples of suspending the statute of limitations include filing a bankruptcy or petition in tax court.

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15 Jun 2022 - 09:19 pm

Are you being hounded by debt collectors? Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights has been written to help you put an end to your debt collection problems! Record numbers of people are falling behind on their bills. If youВ’re one of them, you know that juggling your bills and expenses can be stressful enough. But when debt collectors are harassing and threatening you, your stress level can become more than you can handle. Debt Collection Answers: How to Use Debt Collection Laws to Protect Your Rights was written by two nationally recognized personal finance experts, to help you fight back against unfair collection tactics. It explains your legal rights when it comes to debt collectors and tells you how to exercise them. After reading this book and following its strategies, youВ’ll gain peace of mind from knowing that youВ’ve taken control of your financial situation. How to avoid having your car repossessed. The appendix toDebt Collection Answers is chock full of additional helpful tools and resources.

A worksheet for recording information about all of your interactions with each debt collector who contacts you. If you decide to sue a debt collector for violating your rights or to file a complaint against a debt collector with the federal government or with your state attorney generalВ’s office, the information on your worksheet may be invaluable. Links to state debt collection laws. Some states have their own debt collection laws. Those laws may offer more protections than the FDCPA. Sample letters you can use to help you write your own letters to debt collectors. A revealing interview with Mr. X, a former debt collector. Read it for valuable insider information about how debt collectors work. You donВ’t have to deal with harassment, threats or abusive behavior! You have legal rights when it comes to debt collectors. This expert guide tells you how to resolve your debt collector problems by exercising those rights. This book is not about wiggling out of your debts. ItВ’s about leveling the debt collection playing field, so you can end your financial nightmare and get on with your life.

Require debt collectors to provide borrowers with information on the debt in collections and consumer protections: Some borrowers may struggle to understand their rights under the Fair Debt Collection Practices Act or may not have a record of the defaulted debt - the proposal aims to curb that. Debt collectors would be required to disclose certain information about the debt and relevant consumer protections, such as a borrower’s right to dispute a debt. Stop debt collectors from suing over time-barred debts: Certain kinds of debt in default has an expiration date on how long creditors and debt collectors have to collect on it. Debt that has passed the statute of limitations is known as time-barred debt, and this new proposal would bar debt collectors from suing or threatening to sue borrowers if they know the statute of limitations has expired.

Are You Being Harassed By A Creditor? There are few things in life that are more frustrating than creditor harassment. Is a creditor calling you at all hours of the day or even at work after you have told them not to? Has a collector threatened to have you arrested? Is a creditor calling your family members about your debt? Maybe, someone is trying to collect a debt from you that has already been paid or disputed. Whatever your situation, creditor harassment can cause you to lose sleep. All of the situations mentioned above are actually illegal, but even when creditors follow the rules they can cause great stress. We can help you get the creditors off of your back. At Gormley and Johnson Law Offices, PLC, in Fowlerville and Howell, we help people get the debt relief they need to live in peace. We look forward to learning about your situation. Talking to you about your options. Filing bankruptcy is one way to secure yourself from the threats of creditors.

As soon as you file, an automatic stay goes into effect. This essentially bars creditors from taking any action to collect a debt. They will not even be allowed to contact you. Is bankruptcy the answer for you? It may or may not be, depending on your unique circumstances and goals. A proper bankruptcy filing may allow you to reduce or eliminate most if not all of your debt. We can help you evaluate your options. Consider whether Chapter 7 or Chapter 13 bankruptcy might help you. Debt settlement may also be an option. What Can You Do If You Are being Harassed? It is important to understand your rights. Options when dealing with creditors. Some collections efforts are legal while others are not. Under the federal Fair Debt Collection Practices Act, it is illegal for debt collectors to abuse, mislead or threaten you (in certain manners). If you are experiencing illegal creditor harassment, it is important to report the activity to the Michigan Attorney General. Our experienced lawyers can also help you understand your options to get out of debt and stop creditor harassment. If you have questions about your options, do not hesitate to contact our law firm. Based in Fowlerville, we serve Livingston County and the nearby communities of Brighton, Lansing and East Lansing. You can also reach us by email. We would be happy to answer your questions. Put you on the path to debt relief.

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