Don't overlook an enrolled agent at tax time
Possible confrontations with the IRS haunt many working Americans. While some level of paranoia during the tax season may seem reasonable, there are indeed times when you need special help with your taxes.
Serious personal problems can sometimes prevent a taxpayer from filing a return and this omission could escalate into several years. Eventually, good intentions to comply with the tax laws can fade as the individual imagines possible retribution for these missed returns. Can these delinquent offenders safely become tax-compliant again?
The answer is yes, but you likely will need some help. Consider an enrolled agent.
History
and responsibilities
Enrolled agents are tax professionals licensed to represent taxpayers before the IRS. The profession dates back to 1884. Many taxpayers claimed losses from the Civil War that were questionable, and Congress recognized a need to regulate individuals representing citizens dealing with the Department of the Treasury about their taxes. President Chester Arthur
responded by creating enrolled agents.
Today, enrolled agents assist taxpayers
in a number of ways:
- They prepare tax returns.
- They answer questions regarding national,
state and local tax laws.
- They represent taxpayers in disputes with
the IRS.
Enrolled agents prepare millions
of tax returns annually. They also provide tax assistance for estates,
trusts, partnerships, corporations and other entities that are required
to report taxes.
Comparisons
to other tax professionals
What does it mean to say an individual is an enrolled
agent? "Enrolled" refers to the fact that the federal
government licenses these professionals. They are "agents"
in that they are authorized to appear in place of a taxpayer before
the IRS.
Enrolled agents differ from other
tax professionals in a number of ways;
- They are required to demonstrate their competence
in tax matters before they represent a taxpayer before the IRS.
- They all specialize in taxation.
- They receive their authority from the federal
government instead of the state government.
Attorneys and certified public
accountants don't always specialize in taxes. They also have state
licenses, which limits where they can practice in the U.S.
Training
and continuing education
So you want to become an enrolled agent? Or you just want
to understand your tax professional's background? Basically, there
are two ways an individual can earn the designation:
- Pass a rigorous, two-day exam administered
by the IRS before undergoing a detailed background check; or
- Work at the IRS for at least five years,
regularly interpreting IRS codes and regulations.
Enrolled agents must also complete
72 hours of continuing professional education every three years
to maintain their status.
Haven't
filed in a while?
If you haven't filed a required tax return, for any reason,
you should contact an enrolled agent. Once the IRS designates you
as a nonfiler and has to search for you, they could:
- Take part of your paycheck.
- Place a lien on your property.
- Freeze or seize your bank accounts.
- Prosecute you.
Voluntarily filing your missing
tax returns works in your favor. Refunds are due on three out of
four returns, so there is a possibility you are entitled to a refund.
However, you must request it within two years of the time it is
due or the IRS won't repay you.
Already thinking coming forward
is a waste of time because you know you owe the IRS taxes? Don't
panic, you can still do the right thing. If you owe less than $10,000
and will be able to pay the full amount within three years, you
can set up a monthly installment plan with the IRS.
What if you owe the IRS more money
than you will ever be able to pay? Your enrolled agent may be able
to work out a compromise with the IRS so that the amount is adjusted
to one you will be able to pay.
What happens if the IRS accepts your Offer-In-Compromise, or OIC? The IRS considers your total tax liability, including interest and penalties, paid in full. However, an OIC is a mathematical formula, not an amnesty program. The National Association of Enrolled Agents, or NAEA, strongly recommends professional assistance when compromising a tax liability.
Locating an enrolled agent
Contact the National Association of Enrolled Agents to find an enrolled agent in your area. You can do this in one of several ways:
- Go to the group's Web site and search its agent directory.
- Call the NAEA 24-hour referral service toll-free at (800) 424-4339.
- Write your request to the NAEA at:
National Association of Enrolled Agents
1120 Connecticut Avenue, NW, Suite 460
Washington, DC 20036
Many enrolled agents are also listed in the Yellow Pages. Look under headings such as "tax preparation" and "enrolled agent."
Here's hoping that your tax situations never require such specialized tax help. But if you do find yourself in tax trouble one day then an enrolled agent could be just the help you need.
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