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FAQ:
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What if I
Can't Pay Uncle Sam?
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First and most
importantly, don't let your inability to pay your tax
liability in full keep you from filing your tax return properly and on
time. Include as large a partial payment as you can. Simply filing your
return, even if you don't include full payment, can save you
substantial
amounts in late filing penalties. Not only that, but you can keep the
IRS
wolves at bay with some payment extension procedures and installment
payment
arrangements. This will keep the IRS collection division from
instituting
its collection process.
Too many taxpayers hide their heads in the sand when they run into
financial difficulties and fail to file their tax returns. But tax
liabilities don't go away if ignored. It's very important that you file
a properly prepared tax return even if full payment cannot be made. If
you don't cooperate
with the IRS, you can expect escalating penalties, plus the risk of
having
liens assessed against your assets and your income. Down the road, the
collection process could also include seizure and sale of your
property.
In many cases, these tax nightmares can be avoided by taking advantage
of arrangements readily offered by the IRS.
So... what can you do if you don't have the money? Here are five
solutions:
Pay Late
If your inability to pay the taxes you owe
is simply a short-term cash-flow problem, and you'll have the funds to
make the payment in a few weeks or months, the solution is reasonably
simple.
Pay as much as you can when you file your tax return. That payment will
help
reduce the penalties and interest you'll be charged.
In about 45 days, the IRS will send you a bill for the remaining
balance due. If you can pay it then, great... do it. If you can't, then
send as
much as possible (again, reducing penalties and interest) and hang on.
In
another 45 days or so you'll get another bill from Uncle Sammy.
Hopefully
you can then pay the balance due.
You'll likely be able to go through two or three of these billing
"cycles" before the IRS bugs you for some type of "formal" payment
method. But,
if you can clear up the matter using bigger "chunks" of payments over
two
or three IRS billing cycles, you'll pay some interest and penalties,
but
you'll save some time by not being required to complete any additional
IRS paperwork. But be advised: That decision will cost you interest on
the unpaid balance plus a late payment penalty of 0.5% monthly.
Borrow
As we playfully discussed above, try to put
the bite on your friends or family. Seriously. If you can pay the
entire amount with funds that you've borrowed from friends or
relatives, you'll reduce
the penalties and interest you'll owe Uncle Sammy. And, I'm sure you'll
find
making repayments to friends and/or relatives a much more pleasant
experience than making payments to the folks at the IRS.
If the friends or family thing doesn't work out, consider a bank loan.
Again, paying your friendly banker is generally preferable to making
payments to the IRS over a long period of time.
Pay By Credit Card
Remember that you can always go the credit
card route. As an alternative to paying by check, the IRS (and many
states) will gladly accept payment by credit card. We generally don't
recommend credit card payments, because the fees and interest rates
associated with this type of payment are pretty high. But, sometimes
you gotta do what you gotta do.
You can use your American Express, MasterCard, or Discover card (but
not your Visa card) to make your payments.
Installment Agreement
If you're still reading, it's possible that
none of the above solutions fit. If that's the case, you still have one
option left. You should consider a formal installment agreement with
the IRS. But now you're talking about dealing with the IRS directly,
and possibly completing some additional forms and paperwork.
Generally, the IRS will accept an installment agreement if the tax owed
is less than $25,000 and the balance due will be paid within five
years. You'll be required to pay a "user fee" (currently about $43) to
obtain the installment agreement, and you'll still get hit with late
payment penalties of 0.25% monthly. But an installment agreement is
still better than ignoring your obligation to Uncle Sammy.
If you think an installment agreement is for you, make your request on
IRS Form 9465 (Installment Agreement Request). This form is available
on the IRS website. You can file this form separately, or you can
simply attach the form to your tax return (that you'll want to file by
the normal mid-April deadline). The form is only one page long and
requires a minimal amount
of information, although the IRS could request more information from
you
down the road.
Extension to Pay
If all else fails, you can request a
six-month extension of time to pay your taxes. But this extension will
only be granted if the payment will cause undue hardship on you or your
family. And don't confuse the term "undue hardship" with
"inconvenience." You'll have to
prove that you can't sell assets and/or borrow to pay your taxes except
under terms that would cause severe loss and undue hardship.
As with the installment agreement, you'll be required to file
additional documents. You'll have to provide statements of assets,
liabilities, income, and expenses for three months preceding the filing
due date. You can use IRS Form 1127 (also available at the IRS website)
should you find that you might qualify for an extension of time to pay
your taxes. But be warned:
Form 1127 must be filed by the due date of the tax return. And even if
you
do qualify for an extension to pay, you'll still be charged interest on
the
balance due.
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Copyright 2003 TaxAid.net All
Right Reserved
The information provided here should
not be relied on as a substitute for independent research to original
sources of authority. TaxAid does not render legal, accounting, tax, or
other professional advice. If legal, tax, or other expert assistance is
required, the services of a competent professional should be sought.
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