IRS Passport Restrictions
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The IRS recently resumed its passport restrictions certification program whereby it notifies the State Department if a taxpayer has seriously delinquent tax debt. In such case, the State Department will deny, revoke, or refuse to renew the taxpayer’s passport, thereby restricting any international travel.
The Tax Professionals at New World Vision have successfully handled hundreds of decertification cases and have helped our clients get their IRS passport restrictions lifted in a timely manner while also resolving the underlying tax liability. We have also secured expedited decertification on behalf of clients with imminent international travel plans.
There are two different types of tax levies. First there is the 668 (W). The 668 (W) is used to levy an individual’s wages, salary or other income. Other income is that owed to the taxpayer as the result of personal services in a work relationship. The 668 (A) is used to levy other property that a third party is holding. Other property included bank accounts and business receivables for self-employed people.
The IRS will certify a tax debt as seriously delinquent if:
• Taxpayer has an unpaid, legally enforceable tax debts totaling more than $55,000* (adjusted yearly for inflation) and
• Notice of Federal Tax Lien has been filed and all administrative remedies under the law have lapsed or been exhausted or
• Notice of Levy has been issued.
The tax debt will include individual income tax, Trust Fund Recovery Penalties, business taxes for which the individual liable, and other civil penalties.
In simple terms, for your tax debt to affect your ability to travel internationally, you have to owe more than $55,000, the IRS must have already pursued formal collection action against you, and none of the exceptions discussed in the next section Tax Debt Excluded from Certification apply.
The IRS acknowledges that some types of tax debt are not subject to certification as seriously delinquent, including but not limited to tax debt:
• Associated with FBAR Penalties (Report of Foreign Bank Account and Financial Account)
• Associated with child support
• Getting paid pursuant to an IRS accepted installment agreement or an offer in compromise
• Getting addressed pursuant to an IRS approved administrative remedy such as a request for collection due process hearing or request for innocent spouse relief
• Where taxpayer has a pending installment agreement or pending offer in compromise with the IRS
• Where taxpayer is in bankruptcy
• Where taxpayer has been identified by the IRS as being a victim of identity theft
• Where the IRS has placed taxpayer’s account in currently non collectible status
• Where taxpayer lives in a federally declared disaster area
• Where taxpayer is serving in a combat zone
When the IRS certifies a tax debt as seriously delinquent to the State Department, it also sends the taxpayer a Notice 508C. Before the State Department denies a passport renewal or a new passport application, the taxpayer will generally have 90 days to:
• Full pay the liability,
• Resolve any erroneous certification errors, or
• Set up resolution for the outstanding liability.
The IRS will ask the State Department to revoke a taxpayer’s passport if, for example, the IRS had previously reversed certification because of taxpayer’s promise to pay however taxpayer never paid. In these cases, the taxpayer will have 30 days to contact the IRS and resolve the account to prevent revocation.
If taxpayer is overseas after the IRS has certified tax debt as seriously delinquent, the State Department will issue a limited validity passport good for direct return to the United States so that taxpayer can resolve their account.
The State Department will notify the taxpayer in writing if it denies a U.S. passport application or revokes a U.S. passport.
Passport Restrictions: Why You Need A Tax Professional
There are several ways to force a decertification of seriously delinquent tax debt and get passport restrictions lifted, even if you cannot pay the taxes owed in full. We have helped hundreds of clients get passport restrictions lifted a variety of ways, including but not limited to:
• Setting up an installment agreement (even a pending installment agreement will trigger decertification)
• Submitting an offer in compromise (even a pending offer in compromise will trigger a decertification)
• Establishing currently not collectible status
• Filing a timely request of a collection due process hearing (which also suspends collection activity)
• Filing a proper request for innocent spouse relief when warranted under IRC 6015
• Negotiating an agreement to full pay the liability by a specified pay-off date
• Successfully challenging an erroneous certification
We note that in most cases the taxpayer must be in a filing compliant status (current on the filing of any missing tax returns) in order to set up resolution and force a decertification.
The IRS makes a reversal of certification within 30 days once it establishes that
• The tax debt is fully satisfied or becomes legally unenforceable,
• The tax debt is no longer seriously delinquent (decertification), or
• The certification is erroneous.
The IRS will notify the State Department of the reversal as soon as practicable and send taxpayer Notice 508R. Without proper counsel, it can take up to 60 days for the passport restrictions to get lifted following a reversal of certification of seriously delinquent tax debt.
The experienced Tax Professionals at New World Vision understand the rules regarding expedited decertification and have helped clients with imminent international travel plans resolve passport issues in an expedited manner shortening the IRS processing time by 14 to 21 days. To qualify, taxpayer must provide proof of international travel within 45 days or proof of residence abroad.
A request for expedited decertification must be substantiated with specific documentation and is only granted under exceptional circumstances. We recommend that you consult with a Tax Professional if you are interested in finding out whether you are a candidate for expedited decertification.
Need Help with Passport Restrictions?
Please feel free to contact us regarding your passport Restrictions. Every tax matter is unique because every person’s situation is unique.
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Proffesional Legal IRS Tax problem Services
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The IRS will aggressively pursue enforcement action against any employer that fails to timely file its quarterly federal tax return or make its quarterly payroll tax deposit, and can seize business assets, close down business operations, file tax liens, impose significant penalties, hold business owners personally responsible, and file criminal charges.
The experienced Tax Professionals at New World Vision have successfully resolved complex payroll tax disputes for thousands of clients with a view to:
- Ensure continued business operations,minimize imposition of penalties,
- Minimize imposition of penalties,
- Avoid assessment of personal liability against owners and officers, and
- Resolve the underlying tax liability.
A wage garnishment is legal procedure by which the IRS seizes a taxpayer’s income directly from the taxpayer’s employer. Wage garnishments occur only against W-2 wage earners and are continuous in effect.
Therefore the IRS does not have to re-issue a wage levy in order to garnish every paycheck of an employee. Wage garnishments usually takes up to 85% of an employee’s paycheck.
Self-employed individuals (who earn 1099s) can also be levied, however the IRS is required to re-issue a levy notice prior to every single payment of income for self-employed individuals. How can an IRS wage garnishment be STOPPED?
Call us today, we can help stop your Wage Garnishment.
What Legal Grounds Does the IRS Have to Levy?
The Internal Revenue Code contains section 6331, which authorizes the IRS to levy in order to collect delinquent taxes.
What is the Difference Between a Levy & a Seizure?
None. They involve both the IRS’s taking of a taxpayer’s property to satisfy an unpaid amount.
Tax Levies are used to take bank accounts, wages, other income, or other receivables. Seizures are used to take cars, houses, and business property.
What Legal Grounds Does the IRS Have to Levy?
The Internal Revenue Code contains section 6331, which authorizes the IRS to levy in order to collect delinquent taxes.
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