What a whirlwind of events this weekend! From the highs of launching my YouTube channel and visiting the Temecula vineyards, to the unsettling news of an attempt on Former President Trump’s life—a figure whose speeches I admired during my time at the US Naval Academy. It’s times like these that remind us to stay resilient and focused, no matter the chaos.
Amidst all, let’s shift gears back to something we can control: navigating the treacherous waters of tax negotiation. Particularly, how you can use your state tax debt as a cunning leverage point in negotiations with the IRS.
The Art of Leverage
In the world of taxes, knowing how to maneuver can make or break your financial health. One less known but effective strategy is using your state tax liabilities as a bargaining chip with the IRS. Here’s why this works and how you can apply it:
Understanding the IRS vs. State Tax Boards
The IRS and state tax authorities, like the California Franchise Tax Board, often seem like they’re cut from the same cloth. However, they operate under different rules and have different levels of flexibility when it comes to debt settlement. States, especially California, are notoriously rigid in their negotiations. They often do not budge much on the amount owed.
Step 1: Assess Your Total Tax Liability
Firstly, get a clear picture of what you owe both to the IRS and your state tax board. This will be your starting point in understanding the scope of your negotiations. Remember, knowledge is power—particularly when it involves figures the IRS might be interested in.
Step 2: Approach the IRS
When you negotiate with the IRS, point out your significant state tax liabilities. Here’s the kicker: since the state is less likely to negotiate down the debt, you can argue that a significant portion of any resources or payments you can muster will need to go towards settling your state tax debts.
Why This Appeals to the IRS
The IRS is keen on collecting as much as possible but understands they are in line with other creditors, including state tax authorities. If they see that the state will take a substantial part of your payment capacity, they might be more willing to negotiate favorable terms on the federal tax debt to ensure they receive something rather than nothing.
Step 3: Propose a Payment Plan
Armed with the knowledge that you have substantial state debts, propose a payment plan to the IRS that considers your total debt load. This plan should aim to balance payments realistically between state and federal liabilities. Demonstrate good faith by proposing a structured payment schedule that prioritizes both debts.
Step 4: Documentation and Professional Help
Back up your negotiation with thorough documentation. Show clear calculations of your income, existing debt obligations, and potential payments. In such complex negotiations, it is prudent to seek the guidance of a tax professional who can strategically present your case to the IRS.
Wrapping Up
While the realm of taxes often feels daunting, strategic approaches like using your state tax liabilities as leverage in IRS negotiations can provide surprising relief. Just as we keep our spirits up and resilience ready in the face of national events, so too should we tackle our financial obligations with strategic foresight.
Remember, navigating these tricky waters doesn’t mean you’re alone. Consult a tax professional who can provide you with the arsenal you need to make the most of every negotiation with the IRS.
Andrew Samaniego, EA, CTRC, MSCTA
Andrew Samaniego Tax Planning & Resolution
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