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Debt Scams
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?
- Be skeptical. If it looks to good to be true, it probably is. There is no such thing as a magic wand to fix your credit and make your debt disappear. Bankruptcy + 10 years of your life is the closest thing to magic credit repair in this world.
- Only use a legitimate credit counselor. Verify them through the Better Business Bureau and the National Foundation for Credit Counseling (1-800-388-2227 or www.nfcc.org)
- Check the license. Most states require credit and debt counselors to be licensed. If they’re not, run away and report them.
- Read the find print. Don’t sign anything you don’t understand. Like every other piece of your financial life, own the transaction. Know what your are doing, or don’t do it.
- Are they willing to work with you? If they’ve got a generic plan that doesn’t account for your specific situation, they are probably a con. At the very least, they are a worthless company and a waste of both time and money.
- Are they willing to work with your creditors? If not, they won’t be accomplishing anything for you.
- How much do they cost? Higher fees may not be an indicator of a scam, but call around and find out if they are in the right ballpark. Triple or quadruple the going rate is a sign of someone who will disappear late one night, with your hopes, dreams and savings in tow.
- Above all else, trust your gut. If it doesn’t feel right, it probably isn’t. There is nothing a counselor can do that can’t wait a few days while you check them out.
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.
Carnival of Personal Finance #307: The Silver Edition
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.
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Editor’s Picks:
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?
Saving
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.”
Career
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.”
Credit
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.”
Real Estate
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.”
Frugality
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.”
Finance
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.”
Economy
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.”
Investing
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. ”
Money Management
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.”
Debt
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.”
Other
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.
Overbanked
Last week, when I mentioned that I lost my phone, there was some interest in my self-insurance warranty plan.
The truth is, that’s just one of 14 savings accounts I keep. I find it’s simpler to keep track of my savings goals by moving the money to separate accounts than to track everything in a spreadsheet. This lets me tell how I’m doing at a glance.
I have one account each at two major traditional banks. These savings accounts exist to provide a target for an automatic transfer that eliminates fees on the associated checking accounts. Whenever much money accumulates here, I sweep it out and throw it at my credit card.
I also have 12 accounts at INGDirect. I chose ING because they are extremely convenient and, at least at the time, had a competitive interest rate. Different countries have different banking options.
Here are the rest my accounts:
- Emergency fund. I deposit $25 every month. I also keep part of my emergency fund in a CD that’s also at ING.
- Property tax fund. Every month, I deposit a bit more than a twelfth of my annual property tax bill. When the time comes to pay, I just transfer the money from my account to the tax assessor. It works well.
- College fund. Yes, this is a straight savings account. Right now, I’m focused on debt, not college. When my debt is gone I’ll ramp this up. I started this just to get started. From here, it’s a few seconds of work to increase the amount I contribute, which is currently $10 per month.
- Warranty fund. Instead of buying warranties, or going into a panic when something breaks, I deposit $50 into this account every month. When something breaks, I take the money out of this account(assuming I have enough) and use it to replace or repair whatever is missing. $50 isn’t a lot to contribute, if you have things breaking every week. I go several months without touching this money, and it’s always been enough to cover what we need.
- Vacation fund. This is pure fun money. I sock away a bit out of every check, and occasionally when other money comes in. Then, we plan our vacation around how much money we have here and how many points we have saved on our credit card. Vacations seem like a luxury when we’ve got debt, but I work so much and miss so much of my kids, day to day, that I consider this a necessity. It’s a week of downtime with my family, doing something they will remember. It’s worth it, several times over.
- Braces fund. So far, we know that two of our kids are going to end up in braces. One of them will probably be this year. We had more in this account, but stole some to cover our vision therapy bill. When our insurance reimbursement finally comes back, that will go straight into this account.
- Camera fund. My wife really wants a prosumer-level camera, so I started an account to save for it. If we go over budget, this is the first account we raid, since this is purely a luxury.
- Personal goal accounts. We each have a goal account set up for things that don’t affect the family. As a practical matter, I save to go to FINCON and a hunting trip with my Dad and my brother, while my wife saves for a couple of scrapbooking retreats each year. These accounts are funded solely from extra money and don’t have an automatic deposit.
- Car fund. This started as a car repair fund, with a $50 deposit each month. When my car was finally paid off last year, I took half of my car payment and redirected it into this account, to help us pay cash for our next car. Last month, I stole some money from this account to play stockbroker. It wasn’t a lot of money, but I’ve gotten a 25% return over the last 6 weeks.
- Internet. This is just a convenient account to catch money that gets paid from things like my Amazon affiliate account.
- Held for tax. The name should be self-explanatory. When I get paid from any of my side hustles, I set aside about 25% to cover any tax bill I may be missing. After I file my taxes, I shoot any leftover money out to my other savings goals or my credit card, as appropriate.
I also have a couple of monthly line items in Quicken that I haven’t broken into separate accounts, just to provide an overdraft buffer, like our gift budget.
That’s proof that I am over-banked. How about you? How do you track your savings goals?
The Tax Man Cometh
- Image by brianjmatis via Flickr
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.
Budgeting tips – sticking to your budget
If you are looking to get out of debt, or you are currently debt-free and want to stay that way, then it is important that you get a grip of your financial situation and live within your means.
A good way to do this is to create a budget as this gives you a clear indication of how much money is coming in, how much is going out and also highlights any areas where you may need to make cut backs should you be falling short each month.
Once you have sorted out the figures and made necessary amendments, for example paying bills by direct debit in order to make savings or cutting existing debts by carrying out a balance transfer to a lower rate credit card, it is time to start focussing on the lifestyle changes.
As you will find, it is one thing to create a budget and quite another to stick to it, but by adhering to the following steps and exercising a certain amount of will power, you should be able to ensure that you live within your means and resist the urge to reach for that credit card.
Keep focussed
Before you start to look at how you can stick to your budget you need to clarify why you need to stick to your budget!
A budget can initially seem like something that has been devised with the sole intention of stopping you having fun and buying or doing the things that you want. So it is important to remember that, though some cutbacks may be necessary in the short term, a budget is a long-term strategy that will allow you to take control of your finances and, all being well, live a happy life that is free from the worry of excessive debt.
Change your habits
Unfortunately, a successful budget can require a change in lifestyle and this can be one of the most difficult things to adhere to.
For example, if you have previously enjoyed eating out regularly then you may have to make cut backs in this area to ensure that you are living within your means. But, instead of seeing this as a negative, try to focus on the positives and remember the reasons why you are budgeting.
And a change in habits doesn’t necessarily mean that you have to cut back on your enjoyment of life and it may actually open your eyes to other pursuits you may not have previously considered.
For example, instead of eating out try preparing a meal at home and turn your dining room into a restaurant. This means that you can still have the fine dining experience but at a fraction of the price and without the worry of making a reservation!
Shop smarter
Lists figure heavily when creating a personal budget and list-making is a habit that you should get used to when trying to stick to your budget.
When budgeting it is vitally important to avoid impulse buying and a great way to do this is to always make a list of things you need before you go shopping.
This means that you will have a clear idea of what you need and you will be less inclined to make random purchases that may just turn out to be an unnecessary drain on your finances. It’s also worth mentioning at this point that you should always differentiate and prioritise the things you need over the things you simply want.
If you are unsure how to make the distinction then put off making the purchase for a couple of days and then reconsider if you actually need it. This cooling off period will often convince you that you can do without it and save you money.
In addition, savings can be made on your shopping by simply swapping big name brands for supermarket own varieties, using discount coupons and looking for any special offers.
Overall, it is important to be fully focussed and committed to your budget plan and to be aware that a change in finances may require a change in lifestyle. But a few short term changes may well add up to better finances in the long term.
Article written by Les Roberts, budget reporter at Moneysupermarket.com.
