IRS Launches a Lenient Lien Program for Small Businesses

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If you have small business clients who are struggling with back taxes and/or tax liens, you can give them some good news. The IRS is offering help for both individuals and small businesses that are struggling to “meet their tax obligations, without adding unnecessary burden to [the] taxpayers.”

The new program, announced in late February, includes a number of features:

  1. Higher threshold at which tax liens will be issued—The IRS will index for inflation the threshold for filing a tax lien. “These changes mean tens of thousands of people won’t be burdened by liens, and this step will take place without significantly increasing the financial risk to the government,” according to IRS Commissioner Doug Shulman.
  2. Simplified procedures for removing tax liens after a tax bill is paid—Withdrawal of a tax lien will be automatic when a taxpayer’s tax debt has been satisfied in full. Also, the IRS will now allow collection personnel to remove tax liens, reducing the administrative complexity of removing a lien.
  3. Withdrawing tax liens when a taxpayer enters into a Direct Debit Installment Agreement—The IRS will withdraw tax liens for many taxpayers who have no more than $25,000 in unpaid assessments and who participate in a Direct Debit Installment Agreement. “Liens will be withdrawn after a probationary period demonstrating that direct debit payments will be honored,” according to the IRS release announcing the program.
  4. Easing access to Installment Agreements for small businesses—Direct Deposit Installment Agreements will be made available to more small businesses. Small businesses with no more than $25,000 in unpaid taxes will now be permitted to enter into installment agreements—up from $10,000 under the currently applicable program. The installment agreements will give small businesses up to 24 months to pay.
  5. Expanded Offer in Compromise program—Taxpayers with up to $100,000 in annual income will be eligible for the “new streamlined Offer in Compromise” program. The IRS is doubling the current tax liability limit for participation in the program to $50,000. “An offer-in-compromise is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed.” Offers in compromise are permitted only when the IRS believes that the taxpayer cannot be paid in full or via a payment agreement.

Tax liens can strangle a small business by cutting off their ability to post collateral for essential loans. If you have clients suffering under the weight of a lien, alerting them to the new program could give them some much needed relief and provide you with an opportunity to get them into your office for some face time.

About the Author
William H. Byrnes, Esq.

William H. Byrnes, Esq.

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow

Prof. William H. Byrnes, Esq., LL.M., CWM, Fellow, is the leader of Summit Business Media's Financial Advisory Publications, having been appointed July 1, 2010. He has been an author and editor of 10 books and treatises and 17 chapters for Lexis-Nexis, Wolters Kluwer, Thomson-Reuters, Oxford University Press, Edward Elgar, and Wilmington, as well as numerous commissioned, peer-reviewed, and law review articles. He was a Senior Manager, then Associate Director of international tax for Coopers and Lybrand, which subsequently amalgamated into PricewaterhouseCoopers, practicing in Africa, Europe, Asia, and the Caribbean.

He has been commissioned and consulted by a number of governments on their tax and fiscal policy from policy formation to regime impact. He has served as an operational board member for companies in several industries including fashion, durable medical equipment, office furniture, and technology. Since 1994, he has been a professional trainer for professional association conferences, government workshops, and financial service institutions in-house meetings.

Before Associate Dean Byrnes joined the administration of Thomas Jefferson School of Law, he was a tenured law faculty member at St. Thomas School of Law. He serves on the Academic Committee of the American Academy of Financial Management. He created the first online graduate program offered to wealth managers and life insurance producers without any legal background—see http://llmprogram.tjsl.edu (Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law).

Email: wbyrnes@nationalunderwriteradvancedmarkets.com

About the Author
Robert Bloink, Esq., LL.M.

Robert Bloink, Esq., LL.M.

Robert Bloink is a professor of tax for the Graduate Program of International Tax and Financial Services, Thomas Jefferson School of Law.

Previously, he served as Senior Attorney in the IRS Office of Chief Counsel, Large and Mid-Sized Business Division, where he litigated many cases in the U.S. Tax Court, served as Liaison Counsel for the Offshore Compliance Technical Assistance Program, coordinated examination programs audit teams on the development of issues for large corporate taxpayers, and taught continuing education seminars to Senior Revenue Agents involved in Large Case Exams. In his governmental capacity, Mr. Bloink became recognized as an expert in the taxation of financial structured products and was responsible for the IRS’ first FSA addressing variable forward contracts. Mr. Bloink’s core competencies led to his involvement in prosecuting some of the biggest corporate tax shelters in the history or our country.

 

Mr. Bloink's insurance practice incorporates sophisticated wealth transfer techniques, as well as counseling institutions in the context of their insurance portfolios and other mortality based exposures. 

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