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Can the IRS Take my Passport?

Can the Internal Revenue Service really impact my ability to travel?  If you owe taxes to the Internal Revenue Service, especially “seriously delinquent tax debts” the answer is yes, the IRS can impact your travel plans by impacting your passport as discussed below.

In January of 2018, the Internal Revenue Service announced it will implement new procedures that could impact an individuals ability to obtain or maintain a passport.  The IRS stated these new procedures will impact those individuals that have “seriously delinquent tax debts.”  Under the Fixing America’s Surface Transportation (FAST) Act, the IRS is required to notify the State Department of certain taxpayers owing seriously delinquent tax debts.  The FAST Act also requires the denial of passport applications, renewals of passports and in some cases even the revocation of an individual’s passport.

So what constitutes a seriously delinquent tax debt?  Generally, the IRS has defined a seriously delinquent tax debt as someone who has a tax debt to the IRS of more than $51,000.  The $51,000 threshold would include tax, penalty and interest for periods whereby the IRS has filed a Notice of Federal Tax Lien or issued a levy, and the taxpayer can no longer properly challenge the lien or levy action.

If you are taxpayer with a seriously delinquent debt to the IRS, you can likely avoid the IRS contacting the State Department by taking the following action(s).

 

  • Pay the debt in full;
  • Paying a settlement amount through a tax settlement or offer in compromise with the IRS;
  • Paying the tax debt under a formal installment agreement with the IRS;
  • Paying the tax debt through a formal settlement with the Department of Justice;
  • Suspending collection action by the IRS through an innocent spouse claim; or
  • Requesting a Collection Due Process Hearing with a levy.

 

A taxpayer under the following situations should not be at risk for having their passport rights impacted.

 

  • The taxpayer has filed and is in bankruptcy;
  • Is an identity theft victim;
  • The taxpayer’s account has been determined non-collectible by the IRS;
  • The taxpayer is located in a federally declared disaster area;
  • The taxpayer has a pending installment agreement with the IRS;
  • The taxpayer has a pending offer in compromise with the IRS; or,
  • The taxpayer has an adjustment that with satisfy the IRS debt in full.

 

In short, to prevent any passport issues if you owe taxes to the IRS, if the tax debt is being addressed, your likelihood of having  a passport application denied or a passport revoked is severely lessened.

The above article has been prepared by John McGuire of The McGuire Law Firm.  John is a tax attorney and business attorney and can be reached through www.jmtaxlaw.com

Please remember this article is for informational purposes only and you should consult directly with your tax attorney regarding any tax matters or questions.

Tax Attorney

Denver Tax Attorney

Denver IRS Tax Lawyer

What is an IRS tax lawyer?  I have the term IRS tax lawyer and thought I would draft an article and prepare a video to provide what I feel could constitute an IRS tax lawyer.

First, an IRS tax lawyer could be a lawyer that works for the Internal Revenue Service.  This lawyer would likely represent the government in cases before the United States Tax Court.  These cases would likely involve tax controversies and issues regarding the additional assessment of tax to individuals and businesses.  The specific reasons for the additional assessments of tax could be because not all income was claimed, the IRS is disallowing certain expenses or credits and/or the IRS is disagreeing with how (or where) a specific item was claimed on the individuals or businesses tax return.

On the flip side, an IRS tax lawyer could be a lawyer that represents taxpayers before the Internal Revenue Service in the certain situations that are described above.  John McGuire is a tax lawyer in Denver at The McGuire Law Firm and represents clients before the IRS in matters relating to IRS tax debts, IRS tax audits and other IRS tax disputes. Please feel free to contact John to speak with him regarding any of your tax questions or issues.  In addition to his law degree, John has an advanced degree in taxation known as an LL.M. and enjoys applying his tax knowledge to his client’s issues before the Internal Revenue Service and business related matters.  A free consultation is offered to all potential clients.

Contact The McGuire Law Firm to schedule a free consultation with a Denver tax lawyer!  The McGuire Law Firm has offices in Denver and Golden Colorado for your convenience.

5 Reasons to Hire a Tax Attorney

5 Reasons or Situations of Which You Should Hire a Denver Tax AttorneyDenver Tax Attorney

 1) If you are being audited by the IRS or owe taxes to the IRS, you should contact a tax attorney.  An experienced tax attorney can represent you before the IRS and often prevent enforcement action such as bank levies, asset seizures and wage garnishments.  Further, your tax attorney can help you resolve the tax issue, as well as help educate you to hopefully prevent the issues from occurring in the future.  John McGuire is an experienced Denver tax attorney at The McGuire Law Firm and has successfully represented hundreds to thousands of businesses and individuals before the IRS.

2) If you are starting a business, a tax attorney can educate you on the tax issues and implications regarding the taxation of different business entities, and tax affects to the business owners.  Further, if your business will have employees, a tax attorney can help you understand your requirements regarding withholding taxes, 941 returns and federal tax deposits. A Denver tax attorney can assist you with the formation of your businesses and in understanding your tax responsibilities.

3) If you are considering gifting or transferring property to loved ones or other parties, a tax attorney can help draft the necessary documents and advise you regarding the federal tax implications.  A tax attorney will often work with clients regarding the advantages of gifting within their estate plan and execute these gifting strategies within the estate planning documents.

4) Your considering buying a rental property, but do not understand depreciation and how the rental property will impact your individual income tax return.  A tax attorney can help you understand these issues and thus allow you to take full benefit of the federal tax code and likely reduce your personal income tax.  A Denver tax attorney at The McGuire Law Firm can outline the tax implications and issues to consider when purchasing rental properties, in addition to other issues such as liability.

5) You have not filed tax returns in a while and are scared of the IRS.  Call a tax attorney immediately.  The longer you wait, the worse the situation will become.  A Denver tax attorney at The McGuire Law Firm can contact the IRS on your behalf, obtain information & transcripts and help you prepare and file returns with the IRS.  If the tax returns once filed result in a tax debt, we can help you resolve your IRS debt with an offer in compromise, installment agreement or other resolution option.

 

Call us at 720-833-7705 to speak with a Denver tax attorney and schedule your free consultation.