Do you or your business owe taxes you can’t pay? Have you received a collection notice from the IRS or had your bank accounts garnished? First, file all your tax returns. People often delay filing tax returns if it will result in a tax bill they are unable to pay, which increases the penalties and interest. Plus, all returns must be filed before utilizing the IRS’ resolution options.
If taxes are not paid right away, the IRS will begin collections by mailing a series of four to six collection notices, each one more threatening than the last. The final notice comes with a 30-day appeal right. Except in special circumstances, the IRS cannot begin forced collection efforts until that appeal right expires or while the appeal is pending.
If no appeal is filed, the taxpayer becomes a target for liens, levies and garnishments. I almost always recommend filing an appeal because it provides protection against collection efforts, gives the taxpayer more time to develop a plan and is often the most efficient way to resolve an outstanding tax liability. It is important to bring in a tax professional as soon as possible.
Once collection starts, assuming you cannot pay the tax in full, there are only five resolution options:
– 1. Do Nothing. Very few people can get away with doing absolutely nothing. These individuals are otherwise collection-proof or the business has already shut its doors with no remaining assets. Taxpayers are collection-proof if they have no equity in assets and no income. For taxpayers with regular income or equity in assets, doing nothing comes with grave consequences.


The IRS will evaluate the taxpayer’s ability to pay and make a demand for what it believes the taxpayer can afford to pay. There are certain expenses that the IRS must allow and there are others that are negotiable. A tax attorney can often negotiate a lower payment.

If the IRS would never be able to collect enough to pay the tax in full, it may agree to settle for less than the total owed. The IRS analyzes the taxpayer’s income, reasonable expenses and equity in assets to determine what it will accept. The offer process can take up to 30 months. However, there is a collection hold while the offer is under review.
The valuation of assets and determination of disposable income can often be difficult but it is crucial to calculating the lowest acceptable offer. A tax attorney can prepare the offer in compromise, assert valuations and negotiate on your behalf. If an offer is accepted, the taxpayer has between five months and two years to pay in full. Importantly, the taxpayer must remain in tax compliance for five years after the offer has been accepted (plus other conditions).

Withholding tax liabilities such as sales tax and employment taxes are non-dischargeable. Certain excise taxes are also non-dischargeable in bankruptcy.
Jessica McConnell is of counsel in the Portland office of Williams Kastner Greene & Markley (www.williamskastner.com). Her practice concentrates on federal, state and local tax controversies, including tax audits, offers in compromise and tax collection matters. She excels at complex audits, offers in compromise, employment tax liabilities and protecting her clients against unwanted and unexpected collection efforts. Williams Kastner publications should not be construed as legal advice.
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