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As confusing as it
may seem to read about IRS Wage Levies, IRS Bank Levies, IRS
Installment Agreements, IRS Currently Non Collectible Status,
IRS Offers in Compromise, and other IRS problems, a single
calculation is used when a taxpayer is confronted by these IRS
collection problems or considers one or more of these IRS
benefits:
The IRS Monthly Cash Flow
Calculation
But first, let's get some initial
information out of the way.
Ability to Pay
In virtually any kind of IRS
Collection case, IRS must know a taxpayer's "ability to pay."
IRS representatives need answers to the following questions:
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Right now, can
you pay the entire amount that is due?
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Can you pay it
within 90 days?
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Can you borrow
from a bank to pay it?
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Can you pay it
with credit cards?
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Can you borrow
from family or friends to pay it?
For most taxpayers,
the answer to each of these questions is a resounding "No!"
Once these questions are out of the
way, the next two questions will be:
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How much can you
pay today?, followed by,
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How much can you
pay in the next 90 days?
For most taxpayers,
the answers to each of these questions is, "Little or nothing,"
with a heavy emphasis on "nothing."
IRS statistics
indicate that well over 95% of taxpayers have an inability to
make immediate payments.
In anticipation of the overwhelming
majority of delinquent taxpayers being unable to pay anything up
front, IRS has made it somewhat easy to determine the ability of
taxpayers to make future payments on their old taxes.
But what kind of future payments are
we talking about? And how are those future payments determined
or calculated?
In order to treat
everyone the same no matter how much they owe, IRS has
determined, developed, and defined the precise calculation that
computes what they refer to as Monthly Cash Flow.
IRS representatives
use this calculation method to find out what a taxpayer's
particular situation is going to be and then use it to calculate
his(her) precise cash flow on a monthly basis.
Now for the important stuff.
The Simple Calculation of Monthly
Cash Flow
No matter what the exact details of the situation are, chances
are that most of this website's visitors owe IRS an amount of
money which they cannot pay.
In order to be fair to everyone in
this situation, IRS has a formula to find out what a taxpayer
can pay.
To put it simply, the following calculation will be made for all
taxpayers: Monthly
Income from All Sources - Allowable
Monthly Expenses = Monthly Net Cash
Flow
Notice the very
important term "allowable". Not all expenses are allowable. To
be defined as allowable, an expense must be "ordinary and
necessary." IRS is very specific about what expenses are
considered "ordinary and necessary," and those expenses that do
not meet this test are not allowed or considered in determining
a taxpayer's Monthly Net Cash Flow.
This calculation will result in
either:
Negative Monthly Cash Flow
Most taxpayers who have Negative
Monthly Cash Flow will not be required to make payments to IRS.
If IRS were to require these people to make payments, they would
then be unable to pay their "ordinary and necessary" monthly
expenses (as defined by IRS). Requiring monthly payments from
these taxpayers would then force them into what IRS defines as
an "undue economic hardship," which Congress says that IRS is
not allowed to do.
Positive Monthly Cash Flow
Those taxpayers who have Positive
Monthly Cash Flow will be required to make monthly payments to
IRS that will be credited toward their unpaid balances. These
monthly payments are referred to as Installment Agreements. The
amount of these monthly payments will be equal to the taxpayer's
Monthly Positive Cash Flow.
The IRS theory is that:
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Since they are
allowing you to pay all of your "ordinary and necessary
monthly living expenses" and
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Since their
calculation shows that you still have money left over after
all of those expenses are paid, then
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The calculation
shows that you have money left over that you don't need
since everything left over is not ordinary or
necessary.
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So the
conclusion is that they should get everything that's left
over......................
The Same Calculation is Used for
Most Situations
So no matter which of the following
situations you find yourself in, it is imperative that you
understand your Monthly Net Cash Flow:
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IRS Wage Levy
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IRS Bank Levy
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IRS Currently
Non Collectible Status
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IRS Installment
Agreement
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IRS Offer in
Compromise
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