You finished your return and
youre still in shock. You made a lot of money and paid a lot of bills. But now
youre looking at a tax bill that you just cant afford to pay.
Relax. Youre not alone, and your plight is not unusual.
Moreover, youre not going to jail. There are criminal penalties if the Internal
Revenue Service can prove (the burden of proof is on them) that you intentionally
didnt pay your taxes, but well assume thats not the case here. You just
ran low on cash, and nobody goes to jail just because they owe money -- even to the IRS. Your return is done -- thats how you know the magnitude of your
debt. Send it in. Dont hold it just because you owe money that you cant pay.
But dont mail it until its due, on April 15. (Because April 15 falls on a
Sunday, you get a days reprieve to Monday, April 16.) You cant go to jail
because you dont have the money to pay your tax bill, but you can go to jail for not filing. Its a criminal act, and
youre not a criminal, so get that return in the mail.
If you file and dont pay in full, the IRS computers will
automatically send you a letter asking for the tax due and any interest from the due date.
There is a penalty for late filing of 5% of the tax not paid by
the due date for each month, or part of a month, that your return is late. Generally, the
maximum penalty is 25%. But if your return is more than 60 days late, the minimum penalty
is $100 or the balance of the tax due on your return, whichever is smaller.
Begging and borrowing
But avoiding the late-filing penalty doesnt get the tax
paid. Consider all of the possible sources of money. Can you borrow from friends or
relatives? Do you have any equity in your house? If so, a home-equity loan might help
eliminate or minimize your tax liability. Moreover, the interest on the loan likely would
be deductible on next years return.
Do you have potential cash in your credit cards? The interest
wouldnt be deductible, and probably would be much higher than the rate the IRS would
charge. Still, you might prefer to eliminate the specter of the IRS, and the post-midnight
nightmares that go with it.
But what if you decide to negotiate directly with the
government? Understand that the government ranks at the top of the list of creditors who
must get paid. Any assets (other than your home or selling your business) are potentially
fair game if you owe taxes. Dont try to hide your assets. That comes under the
heading of fraud and you can go to jail for that.
If you cant come up with the money
What if you cant find the cash? Remember, youre not
alone.
Ask for an installment plan. In fact, the IRS Web site has an
interactive calculator that helps you figure the monthly payment amount and actually
prints out an installment agreement for you to file.
If you qualify for a streamlined agreement --
generally, if you don't owe more than $25,000 and will be able to pay it off within five
years -- you can find out about how long the payments will last. The true length of your
payments is a function of both how much you owe and the interest rate charged; since that
rate changes every three months, these figures are estimates, not guaranteed maximum
payments. If the interest rate goes down, you may actually pay over a shorter period of
time.
The rate is calculated on the basis of the short-term federal
rate plus 3 percentage points, as of the first month of each quarter. The IRS also charges 9% interest on underpayment
(except for large corporate underpayments, which have an 11% rate).
If you dont meet the criteria for a
streamlined agreement, you can compare your monthly expenses to the amounts
allowed under the IRS Collection Financial Standards to determine an appropriate
tax-payment amount.
You can actually print out Form 9465, Installment Agreement
Request, from the Web site and mail it to the IRS for review and approval. The Web site
doesnt store or transmit any personal data.
If the IRS approves your request, you will be charged a $43 fee.
Dont submit the fee with the form. The IRS normally will deduct the fee from your
first monthly payment.
Even if your Form 9465 request is approved, you still will be
charged interest and may be assessed a late-payment penalty on any tax not paid by its due
date. To limit interest and penalty charges, file your return on time and pay as much of
the tax as you can.
Form 9465 is easy to complete. It asks for your name, address,
Social Security number, the name of your bank and your employer. (Relax. Based on your W-2
and the 1099 the bank sends, the IRS already has that information.) It then asks how much
you owe and how much you want to pay each month. You dont need an attorney or an
accountant to fill it out. If you can pay the outstanding liability within 12 months and
promise to keep current with this years taxes, almost all requests are granted.
If you cant pay what you owe within 12 months, request an
installment plan that you can realistically meet. The IRS takes a harder line on longer
payment periods, but the government has granted such requests after investigating the
individual circumstances.
Dont hide from the
IRS
The final word on what to do when you cant pay your taxes
is communication. The IRS is a vast bureaucracy filled with people asked to do an
impossible job. Talk to them; dont hide. The sooner you approach them, and the more
often you respond with changes in your situation, the more comfortable they will be in
working with you.
Always get the names of the people you speak with and keep notes
of what was said.


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