What To Do If I Owe More Than $50,000 in Taxes
Unsure how to handle a large tax debt? Learn to navigate the complexities, understand your choices, and find a structured approach to resolution.
Unsure how to handle a large tax debt? Learn to navigate the complexities, understand your choices, and find a structured approach to resolution.
Facing a significant tax obligation can feel overwhelming, creating stress. Understanding that options exist to address such a situation can provide a path forward. Prompt and informed action is important when dealing with tax debt. This article guides individuals through understanding substantial tax liability and available resolution pathways.
A large tax debt often includes more than the original tax amount owed. This total can significantly increase due to the accumulation of penalties and interest charges. The Internal Revenue Service (IRS) imposes penalties for failing to file a tax return or pay taxes on time. These penalties are calculated as a percentage of the unpaid tax for each month or part of a month the return or payment is late.
For instance, the failure-to-file penalty is 5% of the unpaid taxes for each month or part of a month that a tax return is late, capped at 25% of your unpaid taxes. The failure-to-pay penalty is 0.5% of the unpaid taxes for each month or part of a month that taxes remain unpaid, also capped at 25% of your unpaid taxes. An accuracy-related penalty, which can be 20% of the underpayment, may also apply if there is a substantial understatement of income tax or negligence. Interest also accrues on underpayments, including any unpaid penalties, compounding daily. The interest rate is the federal short-term rate plus 3 percentage points, which adjusts quarterly.
Common reasons taxpayers find themselves with a large debt include errors in tax preparation, underpayments of estimated taxes, or adjustments made after an audit. Sometimes, life events like job loss or medical emergencies can prevent timely payment, leading to the accumulation of penalties and interest. Ignoring tax notices can also allow a manageable debt to grow substantially over time.
Upon discovering a substantial tax debt, taking immediate action is important to mitigate complications. Always file your tax return on time, even if you cannot pay the full amount due. Filing a timely return helps avoid the failure-to-file penalty, which is much higher than the failure-to-pay penalty.
Paying as much of the debt as possible, even a partial amount, helps reduce the balance and accruing interest and penalties. Payments can be made electronically through IRS Direct Pay, by debit or credit card, or via electronic funds withdrawal when e-filing.
Review your tax return for any errors or omissions that might have led to the inflated debt. Gathering all relevant financial documentation, such as income statements, bank records, and expense receipts, is important.
Ignoring official IRS notices should be avoided, as this can lead to more aggressive collection actions. Considering professional assistance early in the process, such as from a tax attorney or an enrolled agent, provides guidance. These professionals can help understand the debt, assess options, and communicate with the IRS on the taxpayer’s behalf.
The IRS offers several programs to help taxpayers resolve tax obligations. A Short-Term Payment Plan allows an individual up to 180 days to pay their tax liability in full, although interest and penalties continue to accrue. To request this plan, taxpayers can do so when filing their return, through the Online Payment Agreement application, or by calling the IRS directly. Eligibility requires the total amount owed is not excessively large and can be paid within the extended timeframe.
An Installment Agreement allows taxpayers to make monthly payments for up to 72 months. This option is available if the combined amount of tax, penalties, and interest is $50,000 or less for individuals, or $25,000 or less for businesses, and all required tax returns have been filed. To apply, individuals can use the IRS Online Payment Agreement application or submit Form 9465, Installment Agreement Request, by mail. When completing Form 9465, taxpayers must provide their name, address, Social Security number, the amount they can pay each month, and the date they wish to make payments. The IRS charges a setup fee for an installment agreement, which can be reduced for low-income taxpayers.
An Offer in Compromise (OIC) allows taxpayers to resolve their tax liability with the IRS for a lower amount than originally owed. An OIC is considered when there is doubt as to collectibility, meaning the taxpayer cannot pay the full amount, or when there is doubt as to liability, meaning there is uncertainty about whether the taxpayer actually owes the assessed tax. It can also be considered based on effective tax administration, where collecting the full amount would cause economic hardship or be unfair. To apply for an OIC, taxpayers must submit Form 656, Offer in Compromise, and Form 433-A (OIC) or Form 433-B (OIC).
Completing Form 433-A (OIC) requires detailed financial information, including monthly income from all sources, bank account balances, investments, and the fair market value of assets like real estate and vehicles. It also requires a comprehensive breakdown of monthly living expenses, such as housing, utilities, food, and transportation. The OIC application also requires an application fee and an initial payment based on the proposed offer type. The completed Form 656, along with financial statements and any required payments, should be mailed to the IRS.
For taxpayers who cannot pay their tax debt due to financial hardship, the IRS may place their account in Currently Not Collectible (CNC) status. While in CNC status, the IRS will cease active collection efforts, but interest and penalties continue to accrue, and a tax lien may still be filed. To be considered for CNC status, taxpayers must provide the IRS with detailed financial information to demonstrate their inability to pay. This often involves discussions with an IRS revenue officer or submission of financial statements like Form 433-F, Collection Information Statement.
If a tax debt remains unpaid and no resolution agreement is established, the IRS can proceed with collection actions. Before initiating most enforcement actions, the IRS sends a Notice of Intent to Levy. This notice informs the taxpayer that the IRS intends to seize property to satisfy the debt. It also informs the taxpayer of their right to request a Collection Due Process (CDP) hearing, which allows them to dispute the collection action or propose an alternative resolution.
A Federal Tax Lien is a legal claim against a taxpayer’s property when a tax debt remains unpaid. To protect the government’s interest and provide public notice, the IRS may file a Notice of Federal Tax Lien. This public record alerts creditors that the government has a claim against the taxpayer’s property, which can affect the taxpayer’s ability to sell assets or obtain credit.
Tax Levies involve the actual seizure of property to satisfy a tax debt. A levy allows the IRS to legally take money from bank accounts, garnish wages, or seize assets. For example, a wage levy directs an employer to send a portion of a taxpayer’s earnings directly to the IRS until the debt is paid. A bank levy directs a bank to send funds from a taxpayer’s account to the IRS.
The IRS also has other collection tools for seriously delinquent tax debts, as defined by Internal Revenue Code Section 7345. This includes the authority to certify tax debts to the Department of State, which can result in the revocation or denial of a taxpayer’s passport. This measure applies to individuals with a seriously delinquent tax debt, which is defined as an unpaid, legally enforceable federal tax liability of over $50,000, adjusted annually for inflation, for which a notice of lien has been filed or a levy has been issued. Engaging with the IRS and actively pursuing a resolution program, such as an installment agreement or offer in compromise, can help taxpayers avoid these collection actions.