Your Rights as a Taxpayer

Episode 50:  In this episode, Timalyn explains your rights as a taxpayer.  How do those rights balance with what the IRS’ mission is?  You may have an opinion on how the IRS is doing, but either way, it’s a part of the government that definitely impacts your life.

Taking a Quick Moment to Celebrate

Before she begins, Timalyn is excited about having recorded 50 podcast episodes!  It’s been a way for her to fill the tax literacy gap, one taxpayer at a time.  It’s her hope that these easy to follow episodes breakdown complex tax issues into understandable topics. 

Did you know that 95% of podcasts fail?  There are 2.8 million podcasts and less that 500,000 are considered active.  Only 11% of podcasts make it to 50 episodes.  So, now you can understand why she’s so excited.  Thank you for following her podcast over the past 2 years. 

The Mission of the IRS

The IRS is focused on providing America’s taxpayers with top-quality service.  They want to help taxpayers to understand and meet their responsibilities.  Finally, the IRS wants to enforce the law with fairness and integrity.

Timalyn admits, things could be much worse.  She wants to make sure you understand your rights when dealing with the IRS.  That’s correct, you have rights as a taxpayer.

According to the Taxpayer Bill of Rights, you have the right to representation.  Timalyn has described the specific tax professionals who are qualified to handle tax debt issues with the IRS.  These 3 groups are enrolled agents, CPAs and tax attorneys.   

There are 9 other important rights and they can be found in IRS Publication 1.  It explains the rights, but also the processes for examination, appeals, collections and refunds. 

Today, we’ll focus on the Taxpayer Bill of Rights.  Let’s go through them, below.

#1:  The Right to Informed.  You have the right to know what you need to do to be in compliance with the IRS.  “Taxanese” is a complicated language and it can sometimes difficult to follow or understand.  The IRS issues publications to help you.  IRS.gov is a free resource that explains compliance matters. Nevertheless, you may need to consider hiring a tax professional to assist you. 

#2:  The Right to Quality Service.  Yes, that’s part of the IRS’ mission.   While the slow responses and backlog (especially since the pandemic) may not seem like they’re on the way to achieving their mission, Timalyn actually credits the IRS with doing a good job investing in new technology to serve you better.  You have a right to prompt, courteous and professional response from the IRS.  While the publications are written to be easily understandable, the reality is that tax issue are complicated.  You might want to check out the Tax Tips with Timalyn blog.  It’s a good resource.

#3:  The Right to Pay No More than the Correct Tax.  This means you have the right to only pay the amount due, including any interest and penalties.  It’s why the IRS posts the quarterly interest rates.  You might want to listen to Timalyn’s Episode 7 on tax transcripts. 

#4:  The Right to Challenge the IRS’ Position and to Be Heard.  You have every right to be heard by the IRS.  Believe it or not, the IRS actually does want to hear from you.  You have the right to have your claims about what you owe examined.  This is why you’ll need to substantiate your claim with documents and other proof.  You have the burden of proof in this situation.

#5:  The Right to Appeal and IRS Decision in an Independent Forum.  In Episode 26, Timalyn explains that your appeal is actually handled by another department, not the IRS Collection Department.  You can appeal all the way to tax court, but you must do it in a timely manner.

#6:  The Right to Finality.  This means you have the right to know your deadlines for challenging the IRS’ position.  The IRS will let you know how long you have to appeal. If you are going to exercise this right, you must do it within a specified period of time.  Finality also refers to the right to know when an audit has been finished or where they are in the process. 

#7:  The Right to Privacy.  You have the right to expect that the IRS will keep your information private and to stay within reasonable/necessary limits.  The information privacy means the IRS can’t publicize how much you owe for separate years.  They are permitted to communicate with your bank, if they are going to levy your account.  They can communicate with your employer if they need to apply a garnishment until you’ve paid off your tax debt.

#8:  The Right to Confidentiality.  The information you provide the IRS cannot be disclosed to other parties, unless they’ve been authorized by you or the law.  For instance, if you hired Timalyn, you’d complete IRS Form 2848, designating her as your tax power of attorney.  Once this form is submitted, the IRS would be authorized to communicate with her regarding your tax situation.  She is also bound by confidentiality, so Timalyn can’t speak to others about your taxes.  If you file as married filing separately, the IRS cannot even speak to your spouse about your taxes.  If you file married filing jointly, then they can communicate with either spouse. 

#9:  The Right to Representation.  This means you have the right to seek assistance from the Low Income Taxpayer Clinic, if you qualify.  Timalyn offers multiple, free resources to help you, but she does charge for representation.  If you can’t afford the fee, you could always check with the Low Income Taxpayer Clinic to see if they can work with you.  Also, check out the Taxpayer Advocate Services website.

#10:  The Right to a Fair and Just Tax System.  This is the right Timalyn protects the most.  Do you feel as if you’ve been taken advantage of by the IRS?  The system will consider specific facts and circumstances that might impact the amount you owe, your ability to pay or your ability to provide timely information.  In Episode 37, Timalyn describes the Tax Relief Journey.  The person you hire to represent you is going to tell your side of the story.  They should also be ready to work hard to ensure the IRS treats your fairly. 

Need Tax Help Now?

If you need answers to your tax debt questions, book a consultation with Timalyn via her Bowens Tax Solutions website.  Click this link to book a call. 

Please consider sharing this episode with your friends and family.  There are many people dealing with tax issues, and you may not know about it.  This information might be helpful to someone who really needs it.  After all, back taxes shouldn’t ruin their life either.

As we conclude Episode 50, we encourage you to connect with Timalyn on social media. You’ll be able to subscribe to this podcast on Spotify, Apple Podcasts, Google Podcasts, and many other podcast platforms.  

Remember, Timalyn Bowens is America’s Favorite EA and she’s here to fill the tax literacy gap, one taxpayer at a time.  Thanks for listening to today’s episode.

For more information about tax relief options, visit https://www.Bowenstaxsolutions.com/ .

If you have any feedback, or suggestions for an upcoming episode topic, please submit them here:  https://www.americasfavoriteea.com/contact.

 

Disclaimer:  This podcast is for informational and educational purposes only.  It provides a framework and possible solutions for solving your tax problems, but it is not legally binding.  Please consult your tax professional regarding your specific tax situation.