This is a conversation between me and my future self, if my financial path wouldn’t have positively forked 2 years ago. The transcript is available here.
What would your future self have to say to you?
The no-pants guide to spending, saving, and thriving in the real world.
This is a conversation between me and my future self, if my financial path wouldn’t have positively forked 2 years ago. The transcript is available here.
What would your future self have to say to you?
When you are up to your eyeballs in debt, praying for a step-stool, sometimes life–more accurately, con-artists–try to trip you when you are vulnerable and look for a solution. They aren’t muggers on the street. They come at you wearing ties, invite you to a real office, with real furniture and a real nameplate on a real desk. They are a real company, but that doesn’t mean they aren’t trying to scam you out of the little money you have left to put towards your debt.
Yes, I am talking about debt management scams. These scams come in 4 main varieties.
Debt Settlement companies instruct you to stop paying your bills completely and send them the money instead to be placed in a settlement fund. When your creditors get desperate enough, they will be willing to settle for pennies on the dollar.
In theory, this can be a good strategy for some debtors. Unfortunately, it has some drawbacks, even if the company is legitimate. They tend to charge high fees as a percentage of your deposits. Some take another fee when a settlement is accepted. The entire time you are building your settlement fund, your credit rating is sinking, leaving you open to being sued or garnished. The bad companies take the fund and run, while even the good companies can’t guarantee your creditors will play ball.
Ultimately, they aren’t doing anything you can’t easily do yourself. If you want to go the settlement route, stop making your payments and funnel the money into a savings account that you will use to offer settlements from. It takes discipline, but there is no upside to paying someone else for the same function.
Debt Management plans are used when you owe more than you can afford to pay. These companies work with your creditors to adjust interest rates and minimum payments and they try to get some fees waived for you.
A good company will work with you and your creditors to make sure everyone is working together towards the goal of eliminating the debt. A bad company will tell you they are working with your creditors while ignoring any contact from the creditor. They’ll tell you the creditor isn’t willing to negotiate while never stepping up to the negotiation table. Another trick is to offer the creditor a set payment, with a “take it or leave it” clause. Any input from the creditor is interpreted as a refusal to participate. This, coupled with high fees paid by the debtor, make debt management firms a risky proposition. Most states require the firms to be licensed. Check to make sure they are before giving them any information.
Debt/Credit Counseling companies work with you to establish a budget and eliminate expenses; in effect, they are training you to be in control of your finances. They are often organized as a nonprofit, but not always.
Some–the sleazy ones–lie about what they are doing, or attempt to misconstrue what you are agreeing too. Be careful not to use your home as collateral to consolidate unsecured debt and don’t walk into a Chapter 13 bankruptcy without that being your intention. Both of those are common debt counseling scams. If the company isn’t able to provide all of the details of a transaction–company name, address, licensing information–or they aren’t willing to spend as much time as necessary explaining the details of the transaction, walk away. This is your life, you are in charge of it. Don’t let anyone bully or prod you into signing something you aren’t comfortable with.
Credit Repair is almost always a scam. There are ways to get correct bad information removed from your credit report. If the information is correct, those methods are illegal. There are two legal methods to repair your credit. First, stop generating bad credit. Make your payments on time and eventually, the bad items will fall off. Second, write letters disputing the actual incorrect items on your credit report. There are no quick fixes, and anybody telling you different is flirting with a jail sentence, possibly yours.
How do you avoid the scammers?
There is no magic bullet to kill debt. You’re not fighting a werewolf, you’re fighting a lifetime of bad or unfortunate choices and circumstances. It’s important to keep a realistic outcome in mind.
Update: This post has been included in the Carnival of Debt Reduction.
Rumours swirl around Lamar Odom and Khloe Kardashian that their marriage is in trouble due to the basketball star’s addiction to recreational drugs. The couple has not been spotted together since June, and Kardashian has been photographed recently not wearing her wedding ring. On Sunday, August 25, TMZ reported that Odom had been missing for 72 hours after a dispute with Kardashian that some say was a failed intervention.
On Monday, August 26, ESPN reported that Odom’s agent, Jeff Schwartz, claimed that Odom was in a Los Angeles hotel and that friends were attempting to get him help for a drug problem that the agent declined to explain further. The agent also said that Kardashian knew Odom’s whereabouts. Kardashian herself tweeted that she was unhappy with the news reports about her family, but failed to elaborate on whether the reports were true or false. ( http://espn.go.com/nba/story/_/id/9601746/agent-disputes-report-saying-lamar-odom-missing)
History of Drug Probems
In 2001, Odom violated NBA drug policies twice in eight months, apologizing at a press conference after the second offense. Odom claimed he did not have a drug problem and was only guilty of smoking marijuana. Odom often speaks of losing his mother to colon cancer at the age of 12 and his father’s heroin addiction, eventually moving in with his grandmother. In 2006, Odom’s son, Jayden, died of sudden infant death syndrome. In 2011, a cousin who Odom was close to died of gunshot wounds in New York, and just two days after the cousin’s funeral, Odom was involved in a car accident that resulted in the death of a teenager. Odom’s chauffer driven SUV collided with a motorcycle, causing the bike to go out of control and strike a 15-year old pedestrian who died of head injuries the next day. (http://articles.latimes.com/2011/aug/02/sports/la-sp-lamar-odom-accident-20110803). Odom took a 10-day leave of absence from the Dallas Mavericks, claiming his father was ill right after the incident.
Clash over Partying
According to insiders, Odom and Kardashian have often clashed over his partying, but that she had kept his addictions secret from her family. According to many who have known Odom well, when things are difficult for him, he likes to get away and hide, which is what some say he did when he took leave from the Mavericks and just recently when he disappeared for a few days. (http://www.people.com/people/article/0,,20728355,00.html) Insiders are reporting that Kardashian is contemplating divorce, which will be costly for Odom as there is a strong infidelity clause in the couple’s prenuptial agreement, and there are rumors that Odom has been unfaithful.
High Cost of Addiction
Most of the rumors surrounding the Kardashian Odom marriage are related to the fact that two women have come forward claiming affairs with Odom while he was married to Kardashian, and not due to his drug use. However, the fact that there is a strong fidelity clause in the prenuptial agreement indicates that Kardashian may be unwilling to ignore his dalliances. If it is proven that Odom committed adultry and the couple divorces, Kardashian retains the Tarzana mansion the couple share, $500,000 for every year they were married, two vehicles, shopping money and spousal support. However, many reports continue that infidelity is not the problem in the marriage, but Odom’s continued use of drugs. Odom checked into a San Diego rehab in 2012, but left after only three weeks, and insiders claim that Odom’s recent disappearance was related to an intervention, staged by Kardashian, to encourage him to return to rehab.
Regardless of whether the marriage ends due to infidelity or drug use, it appears that addiction may be a costly proposition for Odom due to the clause in his prenuptial agreement.
On Friday, I pepper-sprayed a small crowd of people so I could get a cheap XBox 360.
On Friday, I slept in a bit, had some breakfast, and played with my kids. I only shopped at stored whose name ended in “.com”, and didn’t do much of that.
My wife, on the other hand, couldn’t resist the siren call of the sales. Not that I fought it.
We’ve been planning to replace an old, failing TV for a while. Friday turned into a good day to pick up a high-definition, widescreen(not a big screen) TV. The paper said that sale started at 10PM, so my wife got there early enough to get in line and find out the sale actually started at midnight. She and my brother took turns standing in line while the other shopped.
In my mind, shopping major sales early in the morning with 5000 people who wish they’d have thought of bringing pepper spray is just an example of Hell beta-testing a new level of pain.
At one store, she said the customers were elbowing each other out of the way to get some scrapbooking gadget hanging on a display, so my wife ducked down to grab the extras off of the bottom shelf, reaching between people’s legs to do so. Certainly smarter than the competition, but still nuts.
She left the house at 9, shopped until about 2, came home to sleep for a couple of hours, then went out to hit the 5AM sales for round 2. She left with a budget of a few hundred dollars to pick up our new TV, finish our Christmas shopping, a bunch of scrapbooking stuff, and a new winter jacket for one of our brats.
12 hours and $830 later, she was done.
That was just under twice our budget.
That’s like going out for cocktails and waking up in the bathroom of a Tijuana cathouse, covered in ice, with a new social disease and no kidneys. Sure, you probably had a good time, but was it worth it?
Thankfully, we are at a place where this money is coming out of our debt snowball, not accumulating more debt.
Unfortunately, this is going to cost us a month of our debt repayment plan.
Black Friday just isn’t worth it. Yes, you can find some huge deals, but you’ve got to fight rude crowds and the risk of buying more than you intended is very real. Next year, it’s not going to happen at our house. If my wife insists, she’ll do the shopping with cash. We can’t afford to do it this way again.
How did your Black Friday go?
This is the 307th Carnival of Personal Finance, the Silver Edition. As of 10:00 PM CDT last night, silver is at $43.76 per ounce. Three years ago, when I last bought silver, it was at $11.30. In honor of that, and inspired by my first editor’s pick below, I’m going to share some facts and history about silver.
The last time prices rose like this was in 1979, when the Hunt brothers bought or controlled close to 50% of the world’s silver. They managed it by leveraging their silver hoard. As they bought more, prices went up, increasing the value of their hoard, which they then used as collateral for more loans to buy more silver, which caused the prices to go up so they’d use it as collateral…. You get the idea. Prices went from $11 per ounce to $50 per ounce in less than a year, before the regulators figured out the game and changed the rules, bringing the whole thing crashing down. The resulting losses and lawsuits bankrupted the former billionaires within 10 years.
First, we have a post from Squirrelers, Is There a Silver Bubble? How High Can Prices Go?. This post reminded me of not only the Hunt brothers story, but the small box of silver I own. Now, I’m debating taking it to a precious metals dealer and cashing out for 400% of my purchase price.
Suba from Wealth Informatics brought Never Pay full price : How to save 10-50% on every purchase. This was entirely new to me, which surprised me. I see a lot of ideas presented in new ways, but rarely see something I know absolutely nothing about.
If you’ve got legal papers you need to fill out, or questions you need answered, you could do far worse than to start with the site Jeff Rose from Good Financial Cents gives us with 7 Free and Cheap Online Legal Resources. If you think you don’t need the resources, that means you a complete estate plan, right? You have a will?
Dimes, quarters, and half-dollars were 90% silver until 1964. Half-dollars continued to be 40% silver until 1971. At that time, the government tightly controlled the price of silver and kept it at $1.29 per ounce so the face value of the coins matched the value of silver they contained. Today, a supply of 90% silver coins with a face value of $5 can be had for the bargain price of $173.74.
Fanny from Living Richly on a Budget – Personal Budget Blog presents How to Build the Crucial $1,000 Emergency Fund, and says, “How do you finance unexpected personal expenses, such as car repairs, medical visits, home maintenance repairs, etc? The most effective way to finance these expenses is through a personal emergency fund.”
Flexo from ConsumerismCommentary presents Silent Inflation is Destroying Your Net Worth, and says, “Inflation continues to deflate individuals net worth and there are no signs of it getting any better.”
Adam Piplica from Magical Penny presents Avoid Hitting the Rocks of Financial Ruin, and says, “This post draws on a famous story in Homer’s Oddessey how a captain made it safely passed the Sirens because he had protected himself from making a poor short-term decision. It’s exactly the same thing you have to do if you want to grow your pennies.”
Clint from Accumulating Money presents Baby-Boomer Generation Must Get Serious About Planning for Retirement, and says, “The “Baby-Boomer” generation has undergone two severe business-cycle reversals in the past ten years alone. Many of these fifty and sixty year-olds are now facing a daunting task – how do you rebuild your net worth in so short a remaining time period?”
Jason from One Money Design presents Planting a Garden to Save Money, and says, “As Spring is here, planting a garden is a great way to help feed your family and save some money at the same time.”
Silver is almost always found with lead. Through most of history, mining silver meant mining lead and breathing lead dust. In the ancient world, silver miners had a life span of about 3 years, so free men refused the job. This was a slave occupation.
Crystal from Budgeting in the Fun Stuff presents Job Experience – Don’t Rock The Boat, and says, “Being young and ambitious may seem like the best thing in the world but knowing your audience and environment is very important. You don’t want to come off as the young new hothead…here’s a story all about exactly that.”
Well Heeled Blog from Well Heeled Blog presents 5 Ways to Spend Your Raise, and says, “Congratulations, you got a raise! Now what? Now, what to do about this extra money? No matter what, don’t want to fritter this raise away. Here are 5 ways for the extra money to work hard for you. ”
Kathryn @ Financial Highway from Financial Highway presents 30 Common Interview Questions and How to Answer Them, and says, “This guide not only tells you what the interview questions are but also provides insight into what the interviewer is really asking and what types of answers will help you get the job.”
Around 500 BC, Athenians discovered a huge silver mine on land belonging the city-state. This find was used to finance building their first effective navy, which catapulted them to the heights of power they achieved.
Craig Ford from Money Help for Christians presents Best Ways to Maximize Cash, Credit Card, and Debit Card Rewards, and says, “How to maximize your credit cards or debit card rewards.”
Tim Chen from NerdWallet Credit Card Watch presents Premium Credit Cards: The Value Beyond the Cost, and says, “A premium credit card is a step above your average card: better rewards and extra perks offered at, well, a premium. These exclusive credit cards come with additional goodies like lounge access and free plane tickets, as well as hefty annual fees.”
Kevin (for Moolanomy) from Moolanomy presents How to Avoid Credit Cards and Credit Repair Scams, and says, “Credit cards don’t have to be a bad thing, but they definitely have their fair share of scams out there. Here’s how to avoid them.”
In World of Warcraft, silver is a rare spawn of tin. If you want to find silver, you should try mining tin. Over and over. (Source)
Mike from Green Panda Treehouse presents How Much Should We Spend on Housing?, and says, “How much is the right amount for housing costs?”
Ben from Money Smart Life presents How to Use a Mortgage Calculator to Compare Home Loans, and says, “A post about how to use a mortgage calculator to screen and compare the rates and costs of home loans.”
The early discovery that water, wine, milk and vinegar stayed pure longer in silver vessels, led to its desirability as a container for long voyages. Herodotus wrote that Cyrus the Great, King of Persia, a man of vision who established a board of health and a medical dispensary for his citizens, had water drawn from a special stream, “boiled, and very many four wheeled wagons drawn by mules carry it in silver vessels, following the king wheresoever he goes at any time.” (Source)
Donna Freedman from Surviving and Thriving presents This isn’t your grandparents’ recession, and says, “When the going gets tough, it’s tempting to invoke our grandparents and their tribulations during the Great Depression. But some of their advice wouldn’t help us. ”
Glen Craig from Parenting Family Money presents Inexpensive (Cheap) Date Night Ideas for Parents, and says, “It’s tough getting out with the spouse when you have kids. With babysitting and the date it can get expensive. See some inexpensive date night ideas and how you can save on babysitting as well.”
From 1998 to 2009, Bernard von NotHaus marketed the Liberty Dollar as an alternative to U.S. government fiat currency. Liberty Dollars were made from silver and later, gold and copper. von NotHaus was later convicted of–among other things–counterfeiting coins, even though he only produced his own coinage and didn’t pretend it was the same thing.
N.W. Journey from Net Worth Journey presents What is Compound Interest?, and says, “A basic introduction to compound interest.”
Bret from Hope to Prosper presents Age 21: A Year of Change and Humility, and says, “The year I turned 21 was the most tumultuous of my life. In many ways, that one year shaped my life more than any other and determined the direction of my future.”
Colloidal silver is claimed to be a near-magical cure-all. Its proponents claim it has the ability to “benefit the immune system; kill disease-causing agents such as bacteria, viruses, and fungi; serve as an alternative to prescription antibiotics; or treat diseases such as cancer, HIV/AIDS, diabetes, tuberculosis, syphilis, scarlet fever, shingles, herpes, pneumonia, and prostatitis (inflammation of the prostate).” Scientific evidence for any of this: none. (Source)
Money Beagle from Money Beagle presents The Economy Must Be Improving, and says, “I don’t need a government report to show me that the economy is improving; I look no further than the latest coupon offerings from local restaurants!”
Darwin’s Money from Darwin’s Money presents Stop Complaining About Gas Prices, and says, “Americans are complaining about prices at the pump. I say “Stop Complaining and Look in the Mirror”. Here are some very rational reasons and real solutions.”
The best method of storing silver is in bullet form. When the werewolves attack, none of us will have long to fight back.
Mike from The Dividend Guy Blog presents 7 Deadly Sins of Investments, and says, “Are you making these mistakes with investing?”
Mike Piper from Oblivious Investor presents Replacing Index Funds in Your Portfolio, and says, “For the most cost conscious of investors, it might make sense to build a portfolio of individual securities rather than index funds.”
RJ Weiss from Gen Y Wealth presents How to Convert a 401(k) to Traditional or Roth IRA, and says, “Reviewing your options with your 401(k) when leaving or changing jobs. More specifically, to look at the steps to convert your 401K(k) to an IRA, since this is most likely the optimal choice.”
Michael from DoughRoller presents How Half a Percent Can Ruin Your Retirement, and says, “Investing for retirement is crucial to securing your financial future. Make sure to find the best interest rates available, as even half a percent can ruin your retirement aspirations. ”
I had a silver ring in my septum for almost 10 years and, in fact, still maintain the piercing, but it’s usually empty.
Cathy Moran from Money Health Central presents An Alternate Truth About Financial Literacy, and says, “Financial literacy is grounded in understanding bigger truths about money, not in acting on those truths.”
Kara from Frugal In My Forties presents Worst Money Lessons My Family Taught Me, and says, “My parents had great financial skills: Unfortunately they weren’t really great about passing them on to their children. These are the 4 big things that I think they should have done differently!”
Mike from The Financial Blogger presents Teaching Finance In High School, and says, “A look at getting finance across at the high school level.”
Eric from Narrow Bridge Finance presents How Your Insurance Rates are Calculated, and says, “Ever wonder how insurance companies determine your monthly rates? Find out what you need to know here.”
FMF from Free Money Finance presents How Millionaires Become Millionaires, and says, “Many people mistakenly think that most millionaires have their wealth handed to them from either their relatives or some stroke of luck (like winning the lottery, being gifted with amazing abilities/talent, etc.) This is completely false. Most people with over seven-figure wealth got it the old-fashioned way, they earned it.”
Matt Bell from Matt About Money presents Money Lessons From the Royal Wedding, and says, “Amid all the royal wedding hoopla, did you notice what Prince William and his fiancée, Kate Middleton, asked for in terms of wedding gifts? Since this is one couple that truly does have everything, they asked anyone wanting to get them a gift to consider making a donation instead. For all of us commoners, there are two lessons we can learn from the royal couple’s philanthropic mindset.”
Sterling silver is 92.5% silver and 7.5% other, usually copper. Pure silver is too soft for most applications. It is, however, the most optically reflective element.
Jacob Irwin from My Personal Finance Journey presents Helping A Friend Get Out of Debt – Part 3 – Cut Your Interest Rates In Half, and says, “A look at the steps my friend and I took to get his credit card interest rates lowered, and how you can too!”
Junior Boomer from Consumer Boomer presents Top 5 Bankruptcy Myths Dispelled For You, and says, “For those who have been considering bankruptcy, but are concerned about the overall impact it could have on their financial future, we are going to break a few myths.”
Silver fulminate is an explosive, ionic, fulminic acid salt of silver. Yes, silver goes boom.
Echo from Boomer & Echo presents Assessing Your Estate Plan, and says, “Before making an appointment with your lawyer take some time to assess your situation and review your estate plan.”
Sustainable PF from Sustainable Personal Finance presents Eight Favourite Blogs, and says, “There are some awesome PF blogs out there and these are 8 you shouldn’t miss!”
Nicole from Nicole and Maggie: Grumpy Rumblings presents Dissecting an emergency room bill, and says, “Nicole and Maggie discuss how a recent bead up a preschool nose cost one of them $1400. (Actually $1700– a additional bill just came.)”
Tom Drake from Canadian Finance Blog presents The new breed of financial bloggers: Young, frugal and vocal, and says, “I’ve discovered a lot of young bloggers who do care about personal finance. Young bloggers can fill a void in financial education for young people.”
Tom from Stupid Cents presents What Is Term Life Insurance?, and says, “Life insurance is important for everyone but it can be expensive. That is where term life insurance can be the most helpful.”
Philip from PT Money: Personal Finance presents How to Pick a College that Suits You, and says, “Financial and other considerations when deciding on a college.”
That’s it. If you enjoyed this little journey through silver, please take a moment to subscribe to Live Real, Now.
Is the IRS after you? Did you forget to file your tax returns for the last 10 years? Are you worried that they are going to seize your bank accounts, leaving you broke and unable to finance your latest Pokemon acquisition?
There are many reasons people neglect to file their tax returns. None of the reasons are good. The usual reason is that you know you’ll owe money you can’t afford to pay, so you wrap yourself in denial and attempt to delay the inevitable. For future reference, the government always wins. Not filing is a temporary solution at best, and a really bad one at that. Not paying just guarantees that you will owe more penalties than if you had filed and gotten on a repayment plan. Avoiding your tax return will come back to haunt you eventually.
If you haven’t filed your tax returns, you need to do so as soon as possible. The longer you wait, the fewer options you have and the more likely the account seizures. Keep your money under your own control. Another problem with not filing is that the IRS will estimate your tax debt. The estimate is always in their favor. If you file, you get to list your deductions. If you don’t file, they give you the standard deduction and ignore almost everything in your favor. In some cases, this can mean they think you owe $10,000 when in reality, if you file, you will only possibly owe $1500.
To get started, you need to do is call the IRS at (800) TAX-1040. This call serves three purposes.
First, you need to confirm which years you need to file. Simply ask for the last year in which you have filed.
Second, request a transcript of all of your 1099s and W-2s. These are the forms that your employers, investments, and banks have sent to the IRS detailing your income. Over the years, it’s easy to lose paperwork, so this will ensure that you’re records match theirs. Depending on the time of the year, you should have the files in under a week. You’ll get one per delinquent year.
Third, this call gives you a chance to get on the “good debtor” list. You may have to get transferred to the collections department, but make sure you get someone to update your file with the fact that you are making good on your taxes. They will probably give you 30 days to file. Treat this as a hard deadline.
[ad name=”inlineleft”]Now that you have all of your paperwork, it’s time for the long slog. You have to do several years worth of returns, generally in one or two sittings. You can usually find back years of Turbo Tax on Amazon for cheap. As of this writing, the back years are under $10 per year. While you are filing, please keep in mind any charitable donations or business expenses you may have had. If you are missing a receipt for a major business purchase, never fear! The IRS does accept reasonable alternatives. I know of one case of an individual writing a letter to the IRS that read:
To Whom it May Concern:
Please accept this letter as a receipt for the purchase of a snowplow in the amount of $3000.
If you do this, you had better be able to back it up with the existence of an actual snowplow.
After you prepare your returns, look at the amounts you owe. You can only collect a refund for the last three years. If you owe more than you can afford to pay, you have two option, payment plans or settlement.
Payment plans involve delayed or continual payments. From IRS.gov:
Request an Extension of Time to Pay — Based on the circumstances, a taxpayer could qualify for an extension of time to pay. The IRS is willing to allow extensions of time to pay in order to assist in tax debt repayment. A taxpayer can request an extension from 30 to 120 days depending on the specific situation. Taxpayers qualifying for an extension of time to pay of 30 to 120 days generally will pay less in penalties and interest than if the debt were repaid through an installment agreement. Taxpayers can request an extension of time to pay using the Online Payment Agreement option available on thisWeb site.
- Apply for an Installment Agreement — The IRS may allow taxpayers to pay any remaining balance in monthly installments through an installment agreement. Taxpayers who owe $25,000 or less may apply for a payment plan electronically, using the Online Payment Agreement application. Alternatively, taxpayers may attach a Form 9465, Installment Agreement Request, to the front of their tax return. Taxpayers must show the amount of their proposed monthly payment and the date they wish to make their payment each month. The IRS charges a $105 fee for setting up an installment agreement. The fee is reduced to $52 for those who establish a direct debit installment agreement and $43 for those with an income below a certain level (for more information, see Form 13844). Taxpayers are required to pay interest plus a late payment penalty on the unpaid taxes for each month or part of a month, after the due date that the tax is not paid. A taxpayer who does not file the return by the due date — including extensions — may have to pay a failure-to-file penalty.
The IRS must accept your payment plan if your tax debt is under $10,000 and your proposed plan will pay it off within three years.
The other option is a settlement, or Offer in Compromise. Generally, only 10-15% of such offers are accepted. The IRS will rarely accept the off if they feel they can collect the debt for less than the amount owed. Don’t believe the guys on TV who pretend it is an effortless solution. From IRS.gov, the three acceptable reasons for OIC are as follows:
1. Doubt as to Collectibility – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
Example: A taxpayer owes $20,000 for unpaid tax liabilities and agrees that the tax she owes is correct. The taxpayer’s monthly income does not meet her necessary living expenses. She does not own any real property and does not have the ability to fully pay the liability now or through monthly installment payments.
2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include: (1) the examiner made a mistake interpreting the law, (2) the examiner failed to consider the taxpayer’s evidence or (3) the taxpayer has new evidence.
Example: The taxpayer was vice president of a corporation from 2004-2005. In 2006, the corporation accrued unpaid payroll taxes and the taxpayer was assessed a trust fund recovery penalty as a responsible party of the corporation. The taxpayer was no longer a corporate officer and had resigned from the corporation on 12/31/2005. Since the taxpayer had resigned prior to the payroll taxes accruing and was not contacted prior to the assessment, there is legitimate doubt that the assessed tax liability is correct.
3. Effective Tax Administration – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC. To be eligible for compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable.
Example: Mr. & Mrs. Taxpayer have assets sufficient to satisfy the tax liability and provide full time care and assistance to a dependent child, who has a serious long-term illness. It is expected that Mr. and Mrs. Taxpayer will need to use the equity in assets to provide for adequate basic living expenses and medical care for the child. There is no doubt that the tax is correct.
If you have a settlement accepted, you have three options for payment. A lump-sum payment must be paid in 5 installments or less, a short-term payment plan may be paid over 2 years, and the long-term repayment option has no set payment. Each of these options must meet differing levels of potential repayment, including figuring your real assets(your house and investments). In addition, you must include a non-refundable first payment and a $150 application fee when you apply for the settlement.
No matter which option you take, you can’t run from government debt. It will catch up to you and that will always be more painful that dealing with it on your own terms.
Update: This post has been included in the Carnival of Personal Finance.