in aug 1999, i filed about 7 years of IRS income tax returns. i had an accountant prepare the returns but he was not a CPA and i do not remember if he signed the returns or not.
i was a non-filer for many years of income tax.
i sent the IRS my package in august 1999 for all of these years.
i owed a LOT - over $25000. i knew that.
i intended to do an offer in compromise but i never got around to it. i live in bklyn now. in around 2002, the irs started with the letters and i got very upset because i didn't have the money to pay and i was not employed on a regular basis.
somehow, in the past 5 years, i have not heard a word from the IRS.
at this point, i believe through conversations with the agent or whomever the woman was at the irs, that she was convinced i was a financial basket case and i could not deal with this debt. i also had terrible problems with the irs in the 80s and they hounded me for debt that i didn't owe but i didn't properly handle it and i got a liar of a revenue collector and i paid through the nose, about $10k although in reality, i never owed one penny (the irs assessed additional taxes in 1982 - 84 on mileage deductions i took as a part of my sales job at the time and it was totally legit). but i didn't answer their letters in the right amount of time allowed because i moved to another state and i got all kind of fees added and it became a total nightmare, and i paid back a LOT of money.
i told the agent in 2002 all of this and i think she believed me. i told her to look it up so she could see that every word i said was true. (it was).
so i thought that maybe the irs would leave me alone for the taxes owed that i sent in august 1999.
my question is that there is a federal tax lien on my credit file for over $35,000 now and it was placed there on december 2000. so the federal tax lien was placed on my file one year and 4 months AFTER i filed my taxes.
in august 2009 (which is 10 months from now), 10 years would have passed and if the IRS has not collected from me (i still don't have the $$ to pay NOR steady employment), do i owe the money still.
FIRST QUESTION: will they likely renew the lien?? i have heard that they seldom do this.
SECOND QUESTION: i have not heard from the irs in over 5 years concerning my debts. what does this mean?? it is a positive sign???
THIRD QUESTION: does the 10 years SOL start and end the day and month and year of the date of taxes that i filed (meaning my date and signature which was my name - MH HALLSTIN and the date was Aug 1999 OR
FOURTH QUESTION: is the SOL from the date of the lien that is listed on my credit report, which is actually december 2000 (which is one year and 4 months AFTER the date i filed).
FIFTH QUESTION: i have decided to file bankruptcy at any time that the irs has decided to renew this lien for another 10 years because i cannot take the stress of it. so my question is, is this old irs debt dischargable in a chapter 7 bankruptcy (what about a chapter 11???)
also, since 1999, i am again a non-filer however i probably don't owe much money and probably the irs owes ME money (which of course i will never see and i am OK with that).
ANOTHER QUESTION: i would like to file those years since 1999 and catch it all up. will filing these years trigger anything with the IRS to look at my situation again and make them renew the lien i referred to again.
or should i wait to file the back tax years AFTER the 10 year lien expires??
ANOTHER QUESTION: when does the irs renew an old lien and are there any rules about it (such as does the irs have to file another tax lien before the 10 years expires) and most importantly, as i asked above, the crux of this very long post is when does the 10 years start and end on a tax lien, when i file my taxes or when they put a lien on my credit file (or is there another factor that i am unaware of that is used as the 10 years that the irs is allowed to use).
ANOTHER QUESTION: if i ask the irs all these questions, is it going to trigger/renew their interest in me???|||1. IRS does not make a decision to renew the lien. Something has to be done to extend the statute of limitations. This can include filing bankruptcy, submitting an offer in compromise or signing a waiver to extend it.
2. Your account was probably classified currently not collectible because of hardship and your income has not increased to the point where collection efforts would be productive or as unable to locate because they couldn't find you. You should get a letter once a year stating your current balance due unless IRS does not have your current address.
3. The 10 years clock starts running on the date on the first bill you received for each year.
4. The date shown on the credit report is the date the Notice of Lien was filed. It is irrelevant to statute of limitations questions.
5. If you file bankruptcy the taxes will be discharged except as to assets that are exempt under your state law that exceed IRS levy exemptions.
6. If you file returns and have refunds, they will be applied to your outstanding debt. If your current income indicates you can make payments, IRS will have a look at you.
7. You are required to file returns on time. You won't get advice in this forum telling you not to file your returns.
|||Don't go blaming anyone for your mistakes, you are required to file your tax returns yearly and timely, due by April 15 or if you filed and extension to file then it will be Oct 15th.
The statute of limitation expires 10 years after the last assessment on your tax return.
Why not just call and pay your taxes all we all do. |||By google to collect some related information or you may try using answer engines like yahoo answer or yedda.com to get some related ideas.nonetheless,If you prefer some direct resource,here http://www.DebtFreetips.info/debt-free.htm is a good one from my own experience.
|||The SOL date starts the day taxes were assessed, not the day the returns are filed. If you do not do anything to extend the SOL date (office in compromise, bankruptcy, sign an extension) it will end 10 years after that date,all liens will release and you have the clean slate.
You need to see your transcripts to see when the SOL expires. Filing your other returns will not extend that.
Helen, EA in PA
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