ALIZIO TAX LAW
"Finding Solutions to IRS & NY Tax Problems"
The Law Office of Peter E. Alizio has grown into Alizio Law, PLLC
Are you Scared of the Tax Authorities?
The IRS and NYS Department of Taxation and Finance wield the authority and power of the government. In the past, the IRS and NYSDTF would garnish wages and levy assets. However, in recent years the Tax Authorities have acquired the ability to strip away privileges that most of us take for granted. NYSDTF can suspend your New York State Driver’s License for taxes owed, and the IRS can revoke your passport for unpaid taxes.
Do Not fear the IRS or NYS.
The people working for the tax authorities are regular folks and not out to maliciously hurt anyone. The ability to suspend your driver’s license or revoke your passport are tools necessary to get otherwise non-compliant taxpayers into installment agreements and to collect outstanding tax debts. Additionally, you have statutory rights. If you receive mail from the IRS or NYS do not ignore it, and if necessary keep calm and hire a tax attorney. If you need help or want to speak with a tax lawyer, please contact us.
Driver License Suspension
Attention New Yorkers: If You Do Not Pay Your Taxes, You Could Lose the Privilege to Drive!
Since 2013 the Department of Taxation and Finance (“Tax Department”) and the Department of Motor Vehicles (“DMV”) have been working collectively in furtherance of a Driver’s License Suspension Program. This program takes the position that driving is a privilege and if you do not pay your taxes, you could lose that privilege. Taxpayers who owe $10,000 or more in delinquent taxes to New York State may find themselves in a position to either start paying or have their driver’s license suspended indefinitely. Learn more about license suspension for unpaid taxes.
DO NOT LOSE YOUR DRIVER’S LICENSE DUE TO UNPAID TAXES! If you need assistance please call: (212) 520-2906. DO NOT WAIT! Once you receive the Notice of Proposed Driver’s License Suspension Referral (Form/Letter DTF-454) take prompt action or risk losing your NYS Driver’s License due to unpaid taxes.
U.S. Passport Revocation
Planning a Trip? Owe back taxes?
At the end of 2015, Section 7345: “Revocation or Denial of Passport in case of Certain Tax Delinquencies” was added to the Internal Revenue Code. This law gave the IRS an extremely effective tool in which to collect back taxes. The IRS could now certify taxpayers that owe: seriously delinquent tax debt to the Secretary of State for passport denial, revocation, or limitation. A taxpayer who is certified to owe seriously delinquent tax debt will be notified by mail and receive IRS Notice CP508C. Learn more about passport tax issues.
It is common for people to be nervous about receiving mail from the Internal Revenue Service. I often meet taxpayers too scared to even open the envelope that show up at my office with many unopened tax notices. It is ok to be nervous but this type of mail should be opened immediately as many of these notices are time sensitive and may require a timely response to preserve legal rights.
Watch out for scams! Is the letter you received from the IRS? Are you sure? Unfortunately, there are criminals who will impersonate the IRS to con you. If you receive an unexpected correspondence from the IRS requesting money we recommend calling the IRS to verify. Open & Read Carefully if the worst thing you can do is ignore letters from the IRS than the best thing you can do is carefully read letters from the IRS. Read our Guide to IRS Tax Notices.
There is a statute of limitations on obtaining a tax return refund. If you are due a refund you must file a tax return to claim refund within 3 years of the filing deadline or alternatively two years from the date the tax was paid. If there is a balance due on your past due tax returns be prepared to be hit with interest and penalties. Therefore, the sooner you file these prior year tax returns the better. Additionally, the statute of limitation stopping the IRS from auditing a tax period does not begin to run until a tax return is filed.
If you “forget” to file your income tax return the IRS and NYSDTF may file a tax return for you based on 3rd party information. The IRS is not doing you a service (or any favors) by preparing your tax return. The IRS will only generate a Substitute For Return if doing so will create a tax bill. Additionally, the balance due is usually overstated as the IRS will not take advantage of all credits and deductions available. Learn more about filing past due tax returns.
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