How to Negotiate Your Own Payment Agreement With the IRS

Tax On Money Background
I’ve heard two stories in just as many days about people who paid one of those TV tax companies thousands of dollars to help them with their IRS debt and when all was said and done, all they got was a monthly installment agreement with the IRS.  I’ve got a big problem with that–because in both of those cases, the people could have used that money to pay down their debt–and done the installment agreement themselves for free.
While not everyone can handle their IRS tax debt problem themselves, before you go sending thousands of dollars to some company with a 1-800 phone number, lets see if you can handle this yourself for free first.
The first question:  Do you really owe the money in the first place?  That’s pretty important.  If your taxes were professionally prepared and you have a huge balance due-well you probably really do owe the IRS.  On the other hand, if you haven’t filed for several years and the IRS says you owe them lots of money–there’s a good chance you don’t.  Anybody does taxes better than the IRS–anybody!  The CPA down the hall, H&R Block, VITA, the really bad tax place I won’t name down the street, and even my high school intern — they all do taxes better than the IRS.
True story:  a couple of years ago, I had a high school intern while I was working at the big tax company.  She had only been there for a couple of days, she was supposed to help with the phones, photo copies and data entry type stuff.  A woman came to me with an IRS tax debt of $16,000.  I took the case, but I was busy working on another return so I asked the intern to just do the basic data entry work for me.  A little while later she came to me and said, “I did the data entry but I’m afraid you’re going to have to show me what I’m doing wrong.”  “What do you mean,” I asked, “It’s just data entry.”  “I know,” she said, “But I heard you say she owes the IRS $16,000 and on all the returns I input she’s got refunds!”
I looked over everything the girl had done.  It was perfect.  Instead of the woman owing the IRS $16,000, the IRS owed her $8,000.  So when I tell you that anybody prepares a tax return better than the IRS–I’m not kidding.  Now you can go to an IRS office and they will help you with a return–those people know what they’re doing (usually), but those computer generated IRS returns that get mailed to you are garbage.  Plain and simple.
Second question:  Do you owe less than $50,000?  If you owe more than $50,000, you won’t be able to do an IRS streamline installment agreement.  If you can pay enough on the debt to bring it to $50,000 or less, then you can still do the streamline–otherwise you are going to want to get some help with your debt.  But let’s say you owe $52,000.  Well, you could pay some tax company $8,000 to negotiate for you, but if you paid $2,000 towards the debt, you could negotiate for yourself and still have $6,000 more pay your debt or buy groceries or whatever.
Third question:  How much can you afford to pay each month?  Let’s say you got hit with an IRS bill of $6,000 and you just didn’t have any money saved to pay it.  Realistically, look at your financial situation and figure out what you can afford.  What’s the most you could possibly pay without causing yourself a hardship?  That’s going to be your upper limit number.  You need to think it through because you don’t want to commit to paying $500 a month if it means you lose your house.
Here’s the mechanics of it:  In a perfect world–you should be able to pay of your IRS debt within 2 years (24 months.)   So if you take that $6000 and divide it by 24, then your monthly payment would be $250.  And if you can afford that–great!  That’s the preferred timeline for the IRS to have you pay off your debt.
But if you can’t handle the $250 a month, you need to know that the IRS will go as far as 72 months (or six years) for you to pay off the debt.  So if you take $6,000 and divide that by 72 then you get $85 dollars a month (I rounded up to the nearest 5.)
What you might want to do is negotiate the $85 payment, but then pay the $250 to get rid of the debt faster.  That way you’ve got some wiggle room if you lose your job or have some other issue.
Here’s the other stuff you’ve got to know:
There is a fee of $105 for setting up the installment agreement.  It’s lower if you set up direct debit from your checking account or it may be reduced if your income is low–make sure you ask about it, they won’t always tell you.
If you’re trying to negotiate a payment agreement and things are just not going your way, it’s okay to
back out before you commit.  Tell them that you think you’re going to need professional help and that you will have to call them back later.
Once you do have an agreement, you have to hold up your end of it.  Make your payments on time.  If you’re late, your installment agreement is void and you’ll have to start all over again–including the $105 fee for setting up the agreement.  (Not to mention those nasty letters they send about putting a lien on your home and levying your bank account.)
One final word, if you can’t handle the installment agreement yourself–maybe your tax issue is too complex or you’re just too intimidated to deal with the IRS, get help from a local professional.  You’ll need an enrolled agent or CPA because they’re licensed to represent you before the IRS.  I recommend using someone local (okay, someone like me) that you can meet with in person.  Sometimes, IRS debt issues will cost a few thousand dollars to settle up, depending upon the work that needs to be done.  But it’s important to know what is going to be done before you pay that kind of money out.  $8,000 for something you can do yourself is too high a price.  Ask questions, know why they’re charging you that much, and what you’re getting for it.  You have a right to know.

I Can’t Pay My Taxes, What Do I Do Now?

debt resolutionThe deadline is coming up, you’ve done your tax return and you’ve got a balance due.  Problem is:  you don’t have the cash to pay.  What can you do?

First, if you can’t pay the whole thing, pay as much as you can now.  The more you pay towards your tax, the less you’ll have to pay in interest and penalties.  Let’s say you owe $5000, you don’t have that much but you can scrape together $2000, mail in a check for the $2000.  Then you’re only dealing with interest and penalties on $3000 instead of $5000.  I find that paying something also helps you when you have to deal with the IRS.   They open their file and see that you paid something towards your account, it gives you credibility.

In a few weeks, you’ll get a letter from the IRS telling you that you owe them money.  When you get the letter, call the number on the letter and talk to the IRS.  (Use your good respectful voice that your mother taught you, I’m very serious about that.  If you curse at them or threaten them, it will go into your record.  It makes it much harder for me to save you after you’ve done that.)  When you talk to the IRS, these are going to be your options:

  1.  You may qualify to take up to 120 additional days to pay with no extra fee.  They will still charge interest.  If it’s possible for you to come up with the cash within 4 months, this is your best option.
  2. If you know that you won’t be able to pay off the debt within 120 days, you can apply for an installment agreement.  You pay a fee of $105 and set up a monthly payment schedule.  Generally, they like to set up a plan that has you pay off the money within two years.  You can make arrangements to pay the amount over 5 years.  Using that $5000 figure, if you pay it over 5 years it would be 5000 divided by 60 months = $83.33.  They will round it up to $85.  The problem with that is the interest will continue to accrue each month.  If you can pay it off faster, do so.

 You can apply for an installment agreement yourself online.  Go to the IRS website :  http://www.irs.gov/individuals/article/0,,id=149373,00.html

What about those ads I see for about settling your tax debt for “pennies on the dollar?”  Generally, those ads refer to something known as an offer in compromise.  Generally, the IRS will not accept an offer if it believes that you are capable of paying your debt.  For example, I once received a phone call from a fellow who said that he owed $20,000 in tax debt and he wanted me to prepare an offer in compromise for him.   I started asking some questions and found out that he made $200,000 a year, had substantial cash assets, and plenty of equity in his home.  I asked him why he didn’t just pay the tax, he told me “He didn’t want to.”   You have to be a good candidate for an offer in compromise before any reputable firm will make one for you.  That fellow would never qualify for an offer in compromise, the best he’d get is a monthly payment agreement and he could do that himself for free.

If you are truly in a situation where you cannot pay your tax debt, please get professional assistance.  Even if you don’t qualify for an offer in compromise, you may qualify for a reduced payment schedule until your situation improves.  Be sure to ask your accountant, “Do you handle debt resolution issues?”   Your corner tax store preparer is not trained to prepare the forms for an offer in compromise, and many CPAs don’t want to handle those issues.  Look for the phrase “debt resolution” when hiring this type of assistance.  Roberg Tax Solutions does debt resolution.  (Just thought I should make that point!)