Tax Brake with Robert G. Nath, Esq.
"IRS Notices - Such Paper, Such Confusion"
- Week of 7/02/01 -
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The IRS relies heavily on paper, no matter what you hear about the “information” age or the “paperless” economy. Why? Because the agency always needs to “get it in writing” and besides, that's what the law requires. When it comes to collection notices, they really give ample opportunity to make arrangements to pay your taxes, assuming (big assumption) that you receive the notices. More on that later.
The IRS normally sends at least four collection notices, each of increasing urgency. The first is just a notice of tax due. Undoubtedly most people respond and pay. The next few increase the noise factor, up to and including “URGENT” notices. The final notice, required by the 1998 tax reform act, is the notice that allows the IRS to levy on your property if you fail to respond within 30 days. It also gives you the right to a Collection Due Process hearing if you request one within the 30 day window. BUT..... Forty million Americans move every year. We get those Post Office change of address cards that we send to Nordstoms and Uncle Ted, but do we remember to send something to the IRS? Many times not. (The Post Office is now coordinating with the IRS to remedy that situation.) You can send a change of address form to the IRS, or you can file a new tax return which the agency uses to update its information. What if you never receive the notices? Or your spouse or ex keeps them from you? All of a sudden there is an IRS levy. First, pick up the phone immediately and call the number. Tell them you never received the notices. Of course the IRS will say they sent it to your last known address. Explain the circumstances anyway. In most cases, the IRS will relent (at least once) and you'll get a second chance to fix your tax situation. But never ignore those notices. They are important, legally, and can actually help to alert you to your dangerous tax collection situation. |
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