IRS Tax Appeal Services

BC Tax Enrolled Agent working on a Tax Appeal

 

Debt collection actions by the Internal Revenue Service (IRS) can result in serious financial consequences for taxpayers. Unfortunately, in some instances, these actions are inappropriate or based on erroneous audit findings. However, some taxpayers fail to exercise their rights to appeal, leaving the flaw unresolved.

You can file an appeal with the Office of Appeals if you disagree with the collection action or tax bill being taken against you. You must comply with the strict statutory requirements and present a solid case to get a favorable outcome. BC Tax helps taxpayers throughout the country file IRS appeals to prevent unfair collection action and alleviate their tax debt.

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What Is a Tax Appeal?

Tax appeal is the process of challenging the findings and conclusions of tax audits or other actions by the IRS. It’s a common way to resolve disagreements with the IRS about your tax returns. The IRS has an independent Office of Appeals that reviews tax disputes without going to court. The law requires the agency to deliver fair and impartial judgments, which may affirm or reverse the decisions. This process is crucial because although the IRS employees and tax auditors are professionals, there are instances where they make mistakes. The appeals system enables you to contest decisions or actions and protect your interests.

During the IRS audit interview, you can reasonably negotiate with the auditor and defend your position. However, in some cases, auditors arrive at different conclusions, resulting in harsh IRS examination reports. You may contact the auditor’s manager to win an informal appeal, but there is no guarantee of success.

You can request a conference or hearing with the Office of Appeals if you:

  • Disagree with the IRS’s decision about your return.
  • Received a letter from the IRS explaining you have the right to appeal their decision.
  • Are not signing an IRS agreement form.

The reason for disagreeing with the decision could be based on several factors. For example, you may contest a conclusion or an action if the tax agent or agency does any of the following:

  • Fails to consider vital facts.
  • Misinterprets a tax law.
  • Makes a wrong calculation in determining your taxes.
  • Makes unfair decisions based on personal biases or emotional reactions.

The office of tax appeals is separate and independent from the IRS audit or collection unit and is mandated to make objective determinations. There is no requirement to request an appeal before proceeding to court, but the appeal process is fast, less formal, less expensive and relatively straightforward. Moreover, you still have a right to institute civil action if you disagree with their decision.

Planning your appeal properly and submitting the relevant documents, including an official IRS dispute form, is vital to increase your chances of success. Hiring a tax professional for tailored and effective representation. Winning an appeal requires tact and skill, which professionals have obtained through training and years of experience.

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Planning a tax appeal with the proper documents for an official IRS dispute form.

Appealing IRS Collections

When you have back taxes ‚ÄĒ unpaid taxes from previous years¬†‚ÄĒ the IRS may decide to take collection action, such as garnishing your wages or seizing assets and property. You have a few appeal options¬†if¬†you believe the IRS is taking inappropriate collection action against you.¬†The IRS understands that taxpayers may have justifications for challenging the findings of its auditors. Thus, it established the Office of Appeals, which is¬†been in existence¬†since 1927.

The Office of Appeals has employees with rich accounting and legal backgrounds tasked to review finished examination reports and provide an impartial platform for dispute resolution. The appeals office strives to reduce litigation by providing an internal mechanism for resolving tax disputes. Submitting an appeal is voluntary.

The options available for appealing an IRS decision or action include the following:

1. Collection Appeals Program

The Collection Appeals Program (CAP) is available for a wide range of collection actions, including:

  • Asset or property seizure.
  • Issues pertaining to tax liens or levies.
  • Installment agreement rejection, modification or termination.

Before starting the appeals process for a seizure, tax lien or tax levy, you must discuss your case with an IRS Collections Manager. You should be prepared to explain why you disagree with the decision and offer a solution. After your conference with the Collections Manager, you have three days to submit a Collection Appeals Request.

If you’re appealing an installment agreement decision, you do not have to speak with a Collections Manager before filing a Collection Appeals Request. You must submit the form within 30 days of receiving your installment agreement modification, rejection or termination notice.

2. Collection Due Process

You have the right to a Collection Due Process (CDP) hearing if the IRS sends you either of the following notices:

  1. Notice of Intent to Levy
  2. Notice of Federal Tax Lien Filing

During this hearing, you can dispute the IRS’s collection action.¬†You can present your case, explaining why you believe the collection action is erroneous. Based on the submissions, the appeals officer will decide to uphold or overturn the decision.

To schedule the hearing, you must submit a Request for a Collection Due Process or Equivalent Hearing within 30 days of receiving your notice. Typically, the form will request the following information:

  1. The name of the taxpayer
  2. Contact information
  3. Taxpayer identification number
  4. Tax type
  5. Tax period in question
  6. A statement that the taxpayer requesting an appeals hearing
  7. Reasons for disagreeing with the proposed collection action

The hearing may take place in person, by telephone or by correspondence.

The IRS cannot levy your property unless they send the notice 30 days prior. Therefore, if the tax officer fails to comply with this requirement, it could be the basis of an appeal. Again, the IRS will stop the levy action if you request it on time. The levy action will not start until the appeals process is complete, depending on the outcome. If you disagree with the CDP hearing outcome, you may also request a judicial review from the tax court.

Taxpayers who miss the 30-day deadline have a year to request an Equivalent Hearing (EH). Requests made within this time frame do not stop IRS levy actions. The right to judicial review also extinguishes.

The appeals office will issue a Notice of Determination at the end of the appeal, providing a summary of the determination. If the issue remains unresolved, the determination letter will detail which court to appeal. The letter must also state whether the IRS complied with applicable laws or administrative procedures.

Get Tax Appeal Solutions From BC Tax

Completing your appeal request correctly and on time is crucial to securing an appeals hearing and resolving your tax debt issue. At BC Tax, we have the knowledge and experience to help you file a request and represent you during a hearing. Our licensed Enrolled Agents can negotiate with the IRS directly.

When you choose our tax assessment representation services, you’ll get the help you need to fight unfair collection actions and avoid serious consequences. Get in touch with us today to learn more about how we can help with your tax appeal process.

A woman contacting BC Tax for Tax Appeal Solutions

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