Are you in a position where you can’t pay your taxes? About 3 out of 4 American taxpayers receive a refund each year when they file their income tax returns. But there are those who for one reason or another end up owing money. Of those who owe Uncle Sam, many don’t have the means to pay what they owe by the due date. You are not alone.
NOTE: If you live in a federally declared disaster area, the due date may have been automatically extended. The extension will apply if you reside in the disaster area. Note that you need not be directly affected by the disaster to qualify. Check the IRS website at Tax Disaster Relief Situations for areas that have disaster filing relief extensions. Call this office to confirm you qualify and for information related to state disaster relief due date postponements.
Generally, tax due occurs when a wage earner has under-withheld on his or her payroll. Also, when a self-employed individual failed to make adequate estimated tax payments during the year. In some cases, a transaction may have occurred during the year that created a large capital gain. When the taxpayer didn’t adjust their withholding or estimated payments to cover the extra tax, this results in a large tax bill at filing time. This can be a huge problem for those who are unable to pay their liability.
Always make other arrangements to find funds to pay your 2023 taxes. It’s never a good idea to be subjected to the government’s penalties and interest for payments!
Here are options to consider when you can’t pay your taxes
Family Loan
Obtaining a loan from a relative or friend may be the best bet. This is because this type of loan is generally the least costly in terms of interest.
Home Equity Loans and HELOCs
Use the equity in your home—that is, the difference between your home’s value and your mortgage balance—as collateral. As the loans are secured against the equity value of your home, home equity loans offer extremely competitive interest rates. Often those rates are similar to those of first mortgages. Compared with unsecured borrowing sources, such as credit cards, you’ll be paying less in financing fees for the same loan amount. Unfortunately, obtaining these loans takes time. So, if you anticipate that you’ll need funds in April, consider getting the application process started right away.
Credit Card
Another option is to pay by credit card with one of the service providers that work with the IRS. However, the IRS will not pay for credit card fees, you will have to pay both the fees due. And you’ll need to pay the higher credit card interest rates.
Short-Term Payment Plan
If you can fully pay the tax owed within 180 days and owe less than $100,000 including tax, penalties, and interest, you can apply for a short-term payment plan online at the IRS web site. You won’t be charged a set-up fee. However, you’ll still have to pay penalties and interest until the balance owed is fully paid. Set-up fees will be charged if you apply for a payment plan by any other way than online. So if you can avoid it, do not set this up by phone, mail, or in person.
IRS Installment Agreement
If you owe the IRS $50,000 or less, you may qualify for a streamlined installment agreement. An IRS Installment agreement is where you can make monthly payments for up to six years. You will still be subject to the late payment penalty, but it will be reduced by half. Interest will also be charged at the current rate, which recently has been 7% or 8% annually. There is a user fee to set up the payment plan. However, the IRS generally waives the fee for low-income taxpayers who agree to make electronic debit payments.
In making the agreement, you’ll need to agree to keep all future years’ tax obligations current. If you do not make payments on time or you have an outstanding past due amount in a future year, you will be in default of the agreement. Worse, the IRS has the option of taking enforcement actions to collect the entire amount owed. If you seek an installment agreement exceeding $50,000 you will need to validate your financial condition by providing the IRS with a Collection Information Statement (financial statements). You may also pay down your balance due to $50,000 or less to take advantage of the streamlined option.
Tap a Retirement Account
This is possibly the worst option for obtaining funds to pay your taxes because you are jeopardizing your retirement lifestyle and the distributions are generally taxable at your highest tax bracket, which adds more taxes to your existing problem. In addition, if you are under age 59½, the withdrawal is also subject to a 10% early withdrawal penalty that compounds the problem even further.
Filing Extensions
Don’t mistake the ability to apply for an extension of time to file your tax return as also being an extension to pay any tax liability. It is not and does not grant you an extension of time to pay. The penalties and interest on the amount due will continue to apply as of the original due date of the return.
What Happens When You Don’t Pay Your Taxes
Enforced Collections
If the taxes cannot be paid timely, and the IRS is not notified why the taxes cannot be paid, the law requires that enforcement action be taken, which could include the following:
- Issuing a Notice of Levy on salary and other income, bank accounts or property (IRS can legally seize property to satisfy the tax debt).
- Assessing a Trust Fund Recovery Penalty for certain unpaid employment taxes.
- Issuing a Summons to you or third parties to secure information to prepare unfiled tax returns or determine your ability to pay.
Note: To collect delinquent tax debts, certain federal payments (vendor, OPM, SSA, federal salary, and federal employee travel) disbursed by the Department of the Treasury, Bureau of Fiscal Service (BFS)) may be subject to a levy through the Federal Payment Levy Program (FPLP).
Fresh Start Initiative
The IRS also has what is called the “Fresh Start” initiative to offer more flexible terms in its existing Offer-in-Compromise program which, under certain circumstances allows taxpayers to settle their tax debt for reduced amounts. This enables financially distressed taxpayers to clear up their tax problems faster than in the past. While resolving tax problems might previously have taken four or five years, taxpayers may now be able to resolve their problems in as little as two years.
If you have questions about the payment options or an offer-in-compromise, please call this office for assistance. Don’t just ignore your tax liability because that is the worst thing you can do.