Loopholes for People Who Owe Money to the IRS
Edward Mendlowitz, CPA
WithumSmith+Brown

axpayers can owe money to the IRS for many reasons.
They may have difficulty paying taxes when due, receive bills from
the IRS for amounts not owed, or owe interest and penalties on
amounts paid late.
Here are some smart ways
to deal with the IRS when you owe money...
Loophole: Avoid incurring the
late-filing penalty by obtaining an extension to file your
return.
Obtaining an extension does not permit you to pay taxes late.
You must pay the tax you owe with the extension to avoid interest
and late payment penalties. The late-filing penalty is 5% of the
tax due, per month, with a maximum penalty of 25%. For late
payment, the penalty is 0.5% of the tax due and not paid by the due
date, per month, with a maximum of 25%, plus interest. (The current
IRS rate is 7%.)
Loophole: Stop penalties running
on a late-filed return by delivering it to a local IRS
office.
Always obtain a receipt for the return. Returns filed on time
are deemed filed when they are mailed or when delivered to an
authorized carrier, such as FedEx. However, returns filed late are
deemed filed when they are received by the IRS. So, deliver a late
return in person.
Loophole: If you cannot pay the
tax due with a return, attach Form 9465,Installment Agreement
Request.
Responses to such requests are based on the amount of tax you
owe. As long as you do not default, the IRS does not report an
installment agreement, so your credit rating will not be
affected. How
it works...
The IRS will accept all requests for installment
payments over a period of no more than 60 months if you owe less
than $10,000.
If you owe more than $10,000, the IRS does not have to
accept the proposed installment arrangement.
If you owe more than $25,000, you must also prepare and
file Form 433-F,Collection Information Statement, which
includes substantial financial information.
To request an installment payment for amounts due from an IRS
notice, file Form 9465 separately from your return. If granted, the
IRS charges $105 for all installment agreements ($52 if your
payments are made by electronic funds withdrawal), or $43 if your
income is below a certain level. Various criteria determine this
level. To see if you qualify, fill out Form
13844, Application
for Reduced User Fee for Installment Agreements. Of
course, the IRS charges interest on the unpaid amounts.
Loophole: Use IRS payment plans
if you need to make your payments over more than 60 months, or to
create an online payment agreement or a payroll deduction
installment agreement.
Unlike the installment agreement, a payment plan is not
automatic -- the IRS has to agree to it. To qualify, call the IRS
at 800-829-1040, or visit the IRS Web site,www.irs.gov, and use the pull-down menu
under "I need to... " and select "Set up a payment plan."
Loophole: Apply for an "offer in
compromise" to settle past-due taxes for less than the full amount
due.
Make the application on IRS Form 656, Offer in Compromise.
The IRS accepts offers in compromise if it is unlikely that the tax
due will be collected in full and the offer represents a reasonable
way to settle the matter. The decision is based on the taxpayer’s
resources.
Caution: This is a lengthy process that
requires significant documentation. Filing for an offer in
compromise doesn’t affect your credit rating. But, most people who
file for one already have IRS liens filed against them,
which does
affect their rating.
Loophole: Escape IRS penalties
by demonstrating "reasonable cause" for late tax
filing.
Abatements for multiple years’ late filings are more difficult
to obtain, but not necessarily impossible.
How to do it: Use an experienced tax
professional to assist you in applying for the penalty abatement. A
pro will know which reasons -- such as an illness, a death in the
family, unavoidably lost papers -- are more apt to be accepted, and
which, such as you’re too busy at work, are automatically
rejected.
Loophole: Taxpayers who missed the
deadline to file because they lacked necessary information, but who
know they owe money, can make "legitimate and reasonable" estimates
of the missing income and expense amounts to minimize late-payment
penalties.
This includes estimates of information on missing W-2, 1099, or
K-1 forms. You can file an amended return within three years from
the filing date of the return on which you estimated, to report the
actual amounts.
Loophole: Avoid the "trust fund
liability trap" by making sure that you don’t appear to be a
"responsible person" under this provision if you’re
not.
Owners and "responsible" persons are personally liable for an
organization’s unpaid withholding taxes. This is known as the Trust
Fund Recovery Penalty. It applies to for-profit businesses as well
as nonprofit groups. To hold you liable for these unpaid taxes, the
IRS must find...
That you were responsible for making the missed tax
payments and...
That you acted willfully in not ensuring that the taxes
were paid.
Caution: The IRS can make liable for
unpaid payroll taxes those employees who have no stock ownership in
the company but who had the authority to sign the organization’s
checks. Make sure you never are in a position to sign checks or
direct where payments will be made.