Mastering IRS Representation

Notices from IRS - and especially from the collection division - scares the assessee. However, as a tax professional and a representative, it is required of us to represent the case of our clients in the best possible way. This is only possible in the interest of an assessee when the representative understands the key workings and requirements of the IRS and IRS representation. Law as a continuously changing system in the interest of the public updates some parts continuously and thus changes the practical applicability and the approach to deal with it. 

Tax and Bankruptcy attorney, Larry Heinkel in this webinar provides a refresher as to how to master IRS representations. It includes all the necessary parts securely divided into the sub-sessions. Please refer to them for a detailed description. 

Session 1- DEALING WITH IRS COLLECTIONS DIVISION (PART I)

Tax professionals must recognize key procedural tactics and planning methods for taxpayers seeking to avoid collections and compliance actions. For those taxpayers already subject to IRS enforcement actions or currently under audit, the time is now to revisit collection solutions based on the impact of COVID-19 and the current state of the economy. Tax Problem Resolution work (or “controversy” work) consists, generally, of representing clients in audits (and possible appeal of an adverse audit); and representing clients with tax debts before the IRS Collections Division. 

This online CE webinar covers the following key topics in session 1:

• Installment Agreements
• Requesting Installment Agreements
• In-Business Trust Fund Installment Agreements
• Effect of an Installment Agreement

Session 2- PROPER PREPARATION SUBMISSION & NEGOTIATION - OFFERS IN COMPROMISE(OIC)

 This CPE session provides an overview of the Offer in Compromise program for tax professionals representing taxpayers with unpaid federal tax obligations and discusses the pros and cons of the Offer program, and briefly cover IRS rules for processing Offer applications, how the Offer investigation process works, and some helpful tips for writing better Offers.

This online CPE webinar covers the following key topics in session 2:

• How does the OICs theory work?
• How to value assets?
• How to determine monthly ability to pay?
• Why it’s important to consider monthly tax obligations as an “expense”?
• When to file OICs?
• What are the alternatives of OICs?

Session 3- UNDOING JOINT LIABILITY- NO LONGER MARRIED, INNOCENT SPOUSE RELIEF (ISR)

Married individuals can either file a joint income tax return or, if they choose, may file two separate tax returns. Filing separate tax returns are usually (but not always, as you will see) done to reduce the tax liability. However, if finding the lowest tax liability is your main concern, there are no actual guidelines for determining which filing method you should use. If this is your goal, you need to calculate the tax liability under both scenarios to see which is better. Nonetheless, there are other factors you need to consider.

If the tax is paid, no problem, right? But what if the liability is not paid? Or what if there is a large audit assessment and the debt can’t be paid? Worse, what if they divorce and the audit adjustment was attributable to one former spouse, but IRS is trying to collect from the other, “innocent” one? Learn your options here.

This online continuing education webinar covers the following key topics in session 3:

• Filing Status Options
• Innocent Spouse Relief
• Special Rules for Certain Cases
• Equitable Relief Options
• Injured Spouse Relief

Session 4- DEBT FORGIVENESS AND SECTION 108

Debtors with cash flow issues who may be unable to pay their debts without accommodations from their lenders face numerous tax issues, and sometimes tax surprises, in the context of debt workouts and bankruptcy. The American economy is hurting and taxpayers are suffering. People are walking away from their homes and credit card debt. When creditors write off a debt, they are required by law to issue the taxpayer/debtor a Form 1099-C, Cancellation of Debt. It is unfortunate that many taxpayers and their representatives are unacquainted with IRC section 108 which excludes many of these discharges or cancellations of debt from taxable income. Receiving a form 1099-C can be a scary thing for taxpayers, who frequently then call their accountants for help. 

This continuing education course will discuss the various ways or reasons cancellation of debt income can be excluded from income and the consequences of such action including :

• Issuance of 1099’s
• Exclusions from Gross Income
• School loans, gifts, Deductible Debt
• Bifurcations
• Form 982
• Reduction of Tax Attributes

Session 5- DEALING WITH IRS COLLECTIONS DIVISION (PART II)

In Part I, we learned the many “basic” tools in dealing with IRS’ Collections Division. Now we turn to some of the more advanced topics in the “collections” arena.

Facing IRS collections is some of the worst financial stress you can face. If you don’t pay the IRS what you owe, they can seize your assets, garnish your wages and place liens on your property. But the good news is those heart-stopping effects can be easily avoided as long as you communicate with the IRS. Even if you can’t afford to pay what you owe, there are still steps you can take to ensure the IRS doesn’t use their most severe collection actions against you. This CPE webinar will cover what you need to know about the IRS collections process and how to avoid the worst of it.

This online CPE/CE webinar covers the following key topics in session 5:

• Federal Tax Liens, Levies & Seizures
• Collection Due Process (CDP) Hearings
• Multi-Year Non-Filers

Session 6- TRUST FUND RECOVERY PENALTIES

Congress passed a law that provides for the Trust Fund Recovery Penalty (TFRP) to encourage prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes. These taxes are called trust fund taxes because you actually hold the employee's money in trust until you make a federal tax deposit in that amount.

As a result of the Covid-19 pandemic, we may find many companies closing or filing for protection under Chapter 11 of the federal bankruptcy code. In a high percentage of those cases, payroll taxes may not be paid leaving the owners (and others) personally liable for the unpaid trust fund portion of those liabilities. 

This online CPE/CE course covers the following key topics in session 6:

• How to calculate the trust fund recovery penalty (TFRP)
• How to minimize exposure to the TFRP
• How to avoid malpractice when dealing with these volatile cases.

Session 7- ETHICS IRS CIRCULAR 230 - CONTROVERSY SIDE OF CIRCULAR 230

A variety of rules place ethical constraints on the advice that tax practitioners can give clients. This CPE webinar covers statutory, regulatory, and ethical standards governing those who practice in the tax field, emphasizing current issues in the application of the rules of professional conduct, Circular 230 (governing those admitted to practice before the Internal Revenue Service), and provisions of the Internal Revenue Code and the Treasury Regulations governing return preparers

This course is designed to meet the general ethics requirements for CPAs licensed in various states.

This online CPE course covers the following key topics in session 7:

• IRS Circular 230
• AICPA Statements on Standards for Tax Services
• IRS practice issues
• IRC Sec. 6694(a) tax return practitioner penalty.

Session 8- DISCHARGING INCOME TAXES THROUGH BANKRUPTCY

There are several bankruptcy options that may be filed; Chapter 7, Chapter 11, and Chapter 13 are the most common. Which of these bankruptcy chapters you may be qualified to file depends on many different criteria and questions to be answered.

Since the bankruptcy code has several rules that have to be followed in order to discharge tax debt.​The answer to this question should come from someone like tax attorney Larry Heinkel who has helped thousands of people like you since 1983 to make the right decision for their situation. There are several options to eliminate your tax debt, including

• a payment plan,
• a settlement via Offer in Compromise (OIC),
• challenging the actual amount of the liability,
• discharging the tax debt through bankruptcy. 

This online CPE webinar covers the following key topics in session 8:

• Learn how “older” income taxes can be discharged in bankruptcy. 
• Learn how an OIC is not always the only (or BEST!) option for the affluent taxpayer. 
• Learn how to make money and avoid malpractice by advising clients and bankruptcy attorneys when and whether a tax debt can be eliminated through bankruptcy.

Click for more webinars on IRS Audit, Representation, and Resolutions