Platinum Tax Defenders and Sherri Gastelum: 5 Limits to IRS Tax Liens
Published on Saturday, 20 July 2013 07:00 Written by TradersHuddle Staff
Platinum Tax Defenders: Singer “Mary J. Blige is Obliged to IRS” made Forbes headlines on May 21, 2013, and Sherri Gastelum of Platinum Tax Defenders pointed out that the story showed some important limitations to tax liens filed by the IRS.
Los Angeles, California (PRWEB) July 20, 2013
Not only does Mary J. Blige need to pay New Jersey taxes to the tune of over $900,000, but the IRS is also claiming almost $3.5 million for three years of back taxes, according to a May 21, 2013 report by Forbes titled “Mary J. Blige is Obliged to IRS” (forbes.com/sites/robertwood/2013/05/21/mary-j-blige-is-obliged-to-irs/). On the one hand, this is yet another celebrity story about back tax issues, but the Forbes article does show 5 good points about tax liens and IRS restrictions, says Sherri Gastelum of Platinum Tax Defenders.
1. The difference between secured and unsecured creditors can mean the difference between being paid or not paid. The filing of an IRS liens does three things, according to Forbes: notifies the person with back taxes that property can be taken to pay off tax debt, notifies other creditors that the IRS has a prior claim, and shows a trail of proper procedure.
2. However, also according to Forbes, there are three procedures the IRS must have gone through before filing the notice of the lien: a liability assessment of the back taxes owed, a written notice sent to the taxpayer demanding payment on the amount owed (Notice and Demand), and a 10-day waiting period to see if the taxpayer will pay that amount.
3. Although much is made of the 10-year rule for IRS liens, the Forbes article seems to indicate that it's possible for liens to be re-filed. The IRS website, under chapter 12 and Section 2, explains lien filing requirements in more detail (irs.gov/irm/part5/irm_05-012-002-cont01.html). A lien whose amount has been assessed 10 years prior has a refile period, beginning on the 9th year from the assessment, and ending 30 days after the 10th year has passed. So, according to the IRS, a tax assessed and used in a lien notice in April of 2005 would be available for refiling between May 2014 to May 2015.
4. Paying the tax debt doesn't necessarily mean that the lien notice has been lifted, says Forbes. There is another way, which would include paying a bond that would guarantee payment to be made in the future. The IRS instructions on getting a release certificate for a lien (irs.gov/pub/irs-pdf/p1450.pdf) say that either the lien can be released after complete payment has been made, a bond payment has been accepted, or the liability is no longer “legally enforceable”. Even then, the taxpayer is instructed to follow up in writing, in case the lien has not been released after 30 days. This kind of paperwork can be done quickly by a tax resolution services, says Sherri Gastelum, and assessment amounts can sometimes be reduced if the taxpayer can show that paying the full amount isn't possible.
5. Also, says Forbes, there can be additional costs just to have the lien filed, whether by a state obtaining payment for back taxes, or by federal authorities. Sherri Gastelum adds that filing charges, like interest and penalties, may be addressed in negotiations by a tax relief service, if they prove burdensome to the taxpayer.
The Platinum Tax Defenders website shows a history of recent and successful negotiations with the IRS. Its President, Sherri Gastelum, bases Platinum Tax Defenders out of California's Simi Valley, acts as Simi Valley President of the National Association of Professional Women, and serves with the Entrepreneurial Institute board. Tax attorney Dustin Wetton, with a California Western law degree, leads the team of CPA's and Enrolled Agents that help clients with back tax issues and Offers in Compromise, across all 50 states and in IRS matters. Additional tax specialists can be consulted in free 30-minute sessions, by sending an email to info(at)tax-resolution(dot)me or by calling 1-877-668-1807.
For the original version on PRWeb visit: http://www.prweb.com/releases/platinum-tax-defenders/sherri-gastelum/prweb10940892.htm
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