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What Are the Differences of Capital Gains on a Second Home?

When it comes to taxes, owning a second home can be a bit complicated. One of the key things to be aware of is the capital gains tax that may be owed when you sell the property.

First, it's important to understand what a capital gain is. A capital gain is the profit that you make from the sale of a capital asset, such as a home. The capital gain is calculated by subtracting the original cost of the asset (also known as the "basis") from the sale price. If the sale price is higher than the basis, you have a capital gain, and if the sale price is lower, you have a capital loss.

When it comes to a second home, the capital gains tax rules are similar to those for a primary residence, but with a few key differences.

One of the main differences is the amount of time that you must have owned and lived in the property in order to qualify for the capital gains exclusion. For a primary residence, you must have owned and lived in the property for at least two out of the five years leading up to the sale in order to qualify for the exclusion. But for a second home, you are not eligible for the exclusion.

Another important difference is the amount of the exclusion itself. For a primary residence, you can exclude up to $250,000 of capital gains from tax if you are single and up to $500,000 if you are married and file jointly. However, for a second home, the exclusion does not apply, meaning that you will owe capital gains tax on the entire gain.

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What is a Tax Lien and How Do You Resolve It?

A tax lien is a legal claim that the government makes against a person's property to secure payment of unpaid taxes. When a person fails to pay their taxes, the government has the right to place a lien on their property, which gives them priority over other creditors in the event that the property is sold. This means that the proceeds from the sale of the property must be used to pay off the outstanding tax debt before any other debts or obligations are satisfied.

There are a few different types of tax liens that can be placed on a property. The most common type is a federal tax lien, which is placed by the Internal Revenue Service (IRS) when a person owes taxes at the federal level. State and local governments may also place liens on a property for unpaid state or local taxes.

Once a tax lien is placed on a property, it becomes a matter of public record and can have a negative impact on a person's credit score. It can also make it difficult for the property owner to sell or refinance the property.

There are several ways to remove a tax lien from a property. One option is to pay off the outstanding tax debt in full. This will release the lien and clear the property of any liens.

Another option is to enter into a payment plan with the government agency that placed the lien. This could involve paying off the debt over time, with the lien remaining in place until the debt is fully paid. Once the debt is paid, the lien will be released.

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Should I Pay Off IRS Taxes With a Credit Card?

Paying taxes with a credit card may seem like an easy way to resolve your tax debt, but there are several factors to consider before making this decision.

One of the main benefits of paying taxes with a credit card is that it can help you resolve your tax debt quickly. By using a credit card, you can make a payment to the IRS right away and avoid any potential penalties or interest charges that may accrue if you are unable to pay your taxes on time. Additionally, many credit card companies offer rewards or cash back for using the card, which could help you earn some extra money while paying off your tax debt.

However, there are also several downsides to consider before paying taxes with a credit card. One of the main disadvantages is that credit card companies typically charge a processing fee for each transaction. This can add up quickly, especially if you owe a large amount of taxes. In some cases, the processing fee can be as high as 2-3%. Additionally, credit card interest rates can be quite high, which means that if you are unable to pay off your tax debt in full, you may end up paying a lot more in interest charges over time.

Another important consideration is the impact on credit score. paying taxes with credit card can have a negative effect on your credit score. Because paying taxes with a credit card is considered a cash advance, it is often not included in the credit utilization ratio which is a major factor in determining your credit score. Additionally, the interest rate for cash advances is typically higher than for regular credit card purchases. So, if you're unable to pay off your credit card balance in full, you could end up with high interest charges and a lower credit score.

Furthermore, there are other payment options, such as installment agreements, that you can consider before paying taxes with a credit card. An installment agreement is a payment plan that allows you to pay off your tax debt over time. It's important to consider all your options and choose the one that best fits your financial situation.

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What is an IRS Offer in Compromise (OIC)?

An Offer in Compromise (OIC) is a program administered by the Internal Revenue Service (IRS) that allows taxpayers to settle their tax debt for less than the full amount they owe. The program is designed to provide a way for taxpayers who are unable to pay their tax debt in full to resolve their tax problems and become compliant with their tax obligations.

To qualify for an OIC, a taxpayer must demonstrate that they are unable to pay their tax debt in full, and that the amount offered in compromise is the most the IRS can expect to collect within a reasonable period of time. The IRS will consider a taxpayer's income, expenses and assets when determining their eligibility for an OIC.

There are two types of OIC: a lump-sum cash offer and a short-term payment plan offer.

  1. Lump-sum cash offer: Under this option, a taxpayer makes a one-time payment to the IRS in exchange for the IRS agreeing to forgive the remaining balance of the tax debt. This option is typically for those taxpayers who are able to make a lump-sum payment and want to resolve their tax debt quickly.

  2. Short-term payment plan offer: Under this option, a taxpayer agrees to pay the IRS a certain amount of money over a period of time in exchange for the IRS agreeing to forgive the remaining balance of the tax debt. This option is typically for those taxpayers who are unable to make a lump-sum payment and want to pay off their tax debt over time.

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What is the IRS Fresh Start Initiative?

The IRS Fresh Start Initiative is a program that was launched by the Internal Revenue Service (IRS) to help taxpayers who are struggling to pay their taxes. The program aims to provide taxpayers with more flexible payment options and increased access to hardship relief. The initiative has several key features, including:

  1. Increased Income Tax Return Filing Thresholds: The Fresh Start Initiative increased the income thresholds for taxpayers who are required to file a tax return. This means that more taxpayers may now be able to avoid filing a tax return and paying taxes altogether.

  2. Expanded Installment Agreement Eligibility: The Fresh Start Initiative also expanded the eligibility for installment agreements. Under this program, more taxpayers may be able to enter into a payment plan with the IRS to pay off their taxes over time. Additionally, the IRS has reduced the minimum monthly payment for certain installment agreements, making them more affordable for taxpayers.

  3. New Hardship Relief: The program has also added new hardship relief measures for taxpayers who are unable to pay their taxes. The IRS will consider the individual's financial situation, including the taxpayer's income, expenses and assets, to determine if they qualify for hardship relief.

  4. Lien Filing and Release Thresholds: The Fresh Start Initiative raised the dollar threshold for the filing of a Notice of Federal Tax Lien and expedited the process for releasing a lien once the tax debt is satisfied. This will help taxpayers to avoid some of the negative credit impacts that come with a lien.

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How to Get Out of IRS Debt

If you find yourself owing money to the Internal Revenue Service (IRS) for unpaid taxes, it can be a stressful and overwhelming situation. However, there are several ways to get out of IRS debt and resolve your tax problems. In this blog post, we'll discuss some strategies for getting out of IRS debt, including paying off the debt in full, setting up a payment plan, and settling the debt for less than what you owe through the Offer in Compromise (OIC) program.

  1. Pay off the debt in full: The easiest way to get out of IRS debt is to pay it off in full. If you have the money to do so, you can simply write a check or make a payment online to the IRS. If you're unable to pay off the entire debt at once, you may be able to set up a short-term payment plan, known as a “partial payment installment agreement,” to pay off the debt in full over a period of time.

  2. Set up a payment plan: If you are unable to pay off the debt in full, you may be able to set up a payment plan with the IRS. This can be done through an installment agreement, where you pay off your debt in monthly payments over a period of time. There are several types of installment agreements, including regular installment agreements, streamlined installment agreements, and partial payment installment agreements. Depending on your income, you may be able to get a reduced payment plan.

  3. Offer in Compromise: The Offer in Compromise (OIC) program is a way to settle your tax debt for less than the full amount you owe. The IRS will consider your ability to pay, income, expenses and assets to determine if you qualify for this program. This is a good option for those who are unable to pay their tax debt in full or through a payment plan. However, it's important to note that the acceptance rate for OIC is low and the process is quite complicated.

  4. Seek Professional Help: It can be helpful to seek out professional help from a tax attorney or CPA to navigate the complex process of resolving IRS debt. They can help you understand your options and assist you in dealing with the IRS.

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What is the Difference Between a Tax Attorney and a CPA

A tax attorney and a certified public accountant (CPA) are both professionals who specialize in tax-related matters, but they have different areas of expertise and handle different types of tasks.

A tax attorney is a lawyer who has specialized in tax law. They have a Juris Doctor (JD) degree and are licensed to practice law. Tax attorneys are experts in interpreting tax laws and regulations and can help individuals and businesses navigate the complex legal system. They can help with a wide range of tax-related issues, including:

  • Representing clients in tax disputes with the Internal Revenue Service (IRS) or state tax agencies
  • Advising clients on tax planning and compliance
  • Assisting clients with tax-related transactions, such as mergers and acquisitions
  • Helping clients with international tax issues
  • Dealing with criminal tax matters

In contrast, a CPA is an accountant who has passed the Uniform CPA Examination and met other state requirements. CPAs are experts in accounting and finance, and are responsible for preparing and reviewing financial statements, as well as providing accounting and tax services. They can help with a wide range of financial matters, including:

  • Preparing and filing tax returns for individuals and businesses
  • Providing advice on tax planning and compliance
  • Assisting with financial forecasting and budgeting
  • Reviewing and analyzing financial statements
  • Providing assurance services (such as audits)

In summary, Tax Attorneys are specialized in interpreting tax laws and regulations and can help individuals and businesses navigate the complex legal system, and handling criminal tax matters, on the other hand, a CPA is more focused on providing accounting and tax services. It's important to note that a CPA can also have JD degree and have knowledge of tax laws and regulations, but they will mostly handle accounting and finance matter and not legal matters.

When choosing a professional to help with tax-related matters, it's important to understand the differences between a tax attorney and a CPA and to select the one that best fits your needs. In some cases, it may be necessary to work with both a tax attorney and a CPA. For example, if you are facing a tax dispute with the IRS, you may want to work with a tax attorney who can represent you in court and a CPA who can assist with the financial and accounting aspects of the case.

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Choosing the Right IRS Tax Attorney for Your IRS Tax Debt

Choosing the right IRS tax attorney is an important decision, as you want someone who can help you navigate the complex and often confusing world of tax law. Here are a few key things to consider when looking for a tax attorney:

  1. Experience: Look for an attorney who has significant experience handling tax matters, particularly those similar to your own. This will ensure that they have the knowledge and skills needed to help you resolve your tax issues.

  2. Credentials: Check to see if the attorney is a member of the American Bar Association's Taxation Section or the National Association of Tax Professionals. This can be an indication that they stay current with the latest tax laws and have a strong understanding of the tax code.

  3. Reputation: Look for an attorney who has a good reputation in the legal community. This can be determined by asking for references from other clients, or by checking online reviews.

  4. Communication: Choose an attorney who is easy to communicate with and who will keep you informed throughout the process. You want someone who will take the time to explain things in a way you can understand and will be responsive to your questions and concerns.

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How to Take Advantage of the IRS Back Tax Forgiveness Program or Offer in Compromise (OIC)

The IRS offers several programs to help taxpayers resolve unpaid back taxes and get back on track with their tax obligations. One of the most popular of these programs is the IRS back tax forgiveness program, also known as the Offer in Compromise (OIC) program. In this blog post, we will explain what the IRS back tax forgiveness program is, who is eligible for it, and how to apply for it.

An Offer in Compromise (OIC) is an agreement between a taxpayer and the IRS that settles the taxpayer's tax liability for less than the full amount owed. The purpose of the OIC program is to give taxpayers who are unable to pay their taxes in full the opportunity to resolve their tax debt and become compliant with their tax obligations. The OIC program is considered a last resort after all other payment options have been exhausted or aren’t feasible.

To be eligible for an OIC, taxpayers must first be compliant with all of their filing and payment requirements. This means that they must have filed all required tax returns and made all required estimated tax payments for the current year. Additionally, they must be current with their federal tax deposits, if they are a business owner, and have made all required estimated tax payments.

The IRS will consider several factors when determining a taxpayer's eligibility for an OIC, including their ability to pay, their income, their expenses, and the value of their assets. Generally, taxpayers who can demonstrate that they do not have the financial means to pay their tax debt in full and that an OIC is their best option for resolving their tax debt will be considered for the program.

To apply for an OIC, taxpayers must complete and submit Form 656, Offer in Compromise, along with a non-refundable application fee and an initial payment, called a "proposal." The application fee is $205, or it may be waived for low-income taxpayers. The proposal is a percentage of the total amount owed and is based on how much the taxpayer can pay at the time of the offer, and how they intend to pay the remainder of the offer.

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What Does a Tax Attorney Do to Help Clients Get Tax Debt Relief

A tax controversy attorney is a legal professional who specializes in helping clients navigate the complex world of tax law and resolve disputes with the IRS. If you find yourself facing a significant tax debt, hiring a tax controversy attorney can be a wise move to help you get tax debt relief. In this blog post, we will explain what a tax controversy attorney does and how they can help you get tax debt relief.

One of the primary responsibilities of a tax controversy attorney is to help clients understand and comply with their tax obligations. This can include providing guidance on tax planning, helping clients understand the tax implications of business or personal transactions, and assisting with tax return preparation. If a client is facing a tax audit or other investigation by the IRS, a tax controversy attorney can help them navigate the process and negotiate with the IRS on their behalf.

In addition to helping clients understand and comply with their tax obligations, a tax controversy attorney can also help clients resolve disputes with the IRS. If a client has received a notice of deficiency or is facing an enforcement action such as a levy or lien, a tax controversy attorney can help them contest the IRS's determination and negotiate a resolution. This may involve appealing the determination to a higher level within the IRS or to the United States Tax Court.

When it comes to resolving disputes with the IRS, a tax controversy attorney can help clients explore a wide range of options to get tax debt relief. For example, if a client is facing a significant tax debt, the attorney may be able to negotiate a payment plan or an offer in compromise to settle the debt for less than the full amount owed. If a client is unable to pay the full amount of their tax debt, the attorney may be able to help them qualify for Currently Non Collectible status, which allows them to temporarily postpone collection of the debt.

Another important role of a tax controversy attorney is to help clients understand the appeals process and represent them at administrative appeals. This includes preparing written and oral arguments, managing the discovery process, and representing clients at appeal hearings, mediation, and other proceedings. A Tax attorney also help with understanding your rights as a taxpayer, in regards to what the IRS can and cannot do.

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SCAM ALERT: Distraint Warrant from King County Tax Resolution Unit

SCAM - King County Tax Resolution Unit - Public Judgement Records - Distraint WarrantA client of ours has recently reached out to us concerning a letter they received in the mail from the "King County Tax Resolution Unit - Public Judgement Records" for a "Distraint Warrant" claiming that a warrant has been issued because of a tax debt that has not been paid in full.  It attempts to scare the recipient and elicit a response via phone call within 15 days of receiving the letter.

IT IS A SCAM!
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