| IRS encourages taxpayers to pay what
they owe as quickly as possible. For those individuals or businesses
not able to resolve a tax debt immediately, an installment agreement
can be a reasonable payment option. Installment agreements allow for
the full payment of the tax debt in smaller, more manageable
amounts. To be eligible for an
installment agreement, all returns that are due must first be filed.
Installment agreements generally
require equal monthly payments. The amount of an installment payment
will be based on the amount owed and on the taxpayer’s ability to
pay that amount within the time legally available for the IRS to
collect. By law, the IRS has the authority to collect outstanding
federal taxes for ten years from the date of assessment. For
taxpayers that enter into an installment agreement, the IRS may
require a signed waiver to extend the time IRS can collect.
Taxpayers who already have an
installment agreement from a previous amount owed may still find
help. All of the amounts owed could be included in one installment
agreement. Additionally, a Collection Information Statement may have
to be completed to further illustrate their financial situation.
As a condition of an installment
agreement, any refund due in a future year will be applied against
the amount owed. Therefore, taxpayers may not get all of their
refund if they owe certain past-due amounts, such as federal tax,
state tax, a student loan, or child support. The IRS will
automatically apply the refund to the taxes owed. If the refund
does not take care of the tax debt; then the installment agreement
continues until all of the terms are met.
Interest does not Stop with
an Installment Agreement
An installment agreement is
more costly than paying all the taxes owed now. Penalties and
interest continue to be charged on the unpaid portion of the debt
throughout the duration of an installment agreement.
NOTE: The interest
rate on a loan or on a credit card may be lower than the combination
of penalties and interest imposed by the Internal Revenue Code. It
is best to pay as much as possible before entering into an
agreement.
How Best to Make Timely
Installment Payments
The IRS strongly recommends one of
the following options for payment under an installment agreement:
-
Direct Debit - electronic
transfers from a checking account, or
-
Payroll Deduction - deductions
that an employer takes from wages or salary. Call toll free
1-800-829-1040 to set this option up.
These forms of payment help to reduce
the burden of mailing the payments, save postage, help ensure timely
payments, and decrease the likelihood that the agreement will
default. If the agreement defaults, enforced collection action could
be taken.
Installment agreement payments can
also be made by electronic funds transfer (www.eftps.gov),
credit card (www.officialpayments.com
or
www.pay1040.com), personal or business check, money order,
cashier’s check, certified funds or cash (cash payments can only be
made in person at a local IRS Office-do not send cash through the
mail).
Fees to Set-up an Installment
Agreement
The IRS charges a user fee of $43 to
set up the installment agreement. It is possible for an installment
agreement to be reinstated if the agreement defaults. Also,
installment agreements may be restructured to include additional
amounts owed in one agreement. Reinstating or restructuring an
existing installment agreement will cost an additional $24 user fee.
How to Set-up an Installment
Agreement
Taxpayers wishing to pay off a tax
debt through an installment agreement, and owe:
-
$25,000 or less in tax, can call
the number on the bill or notice (have the bill or notice
available, along with the social security number). A fill-in
Request for Installment Agreement,
Form 9465,
is available online that can be mailed to the address on the
bill.
-
A notification is sent to the
taxpayer advising whether the terms of the installment agreement
have been accepted or if they need to be modified.
The IRS generally may still file a
Notice of Federal Tax Lien to secure the government’s interest
in the taxpayer's personal or real property until final payment is
made. The notice filing could have a negative impact on the
taxpayer’s credit rating.
Enforced Collection Actions
Generally, IRS
enforced collection actions (i.e., levy against personal or real
property) are not made while an installment agreement request is
being considered, or:
-
While an agreement is in effect,
-
For 30 days after a request for
an agreement has been rejected, and
-
For any period while a timely
appeal of the rejection or termination is being evaluated by
the IRS.
Payments Should be Made
Timely
Throughout the term of an installment
agreement, payments must be made on time. If payments cannot be made
due to a change in financial condition, taxpayers should contact the
IRS immediately. Failure to make timely payments could default the
agreement. A defaulted installment agreement could subject a
taxpayer’s account to enforced collection action and potentially
have a negative effect on a taxpayer’s credit standing.
Annual Statements of Balance
Due
In accordance with the law,
installment agreement taxpayers receive an annual statement from the
IRS. The statement provides the amount owed at the beginning of the
statement period, the payments (credits) posted to account(s), any
fees or assessments, and the ending balance. Currently, the annual
statement is sent each year in July.
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