Chang Carlin Legal Blog

Where Is My IRS Refund?: 10 Key Points About Tax Returns

Tuesday, April 10, 2012

IRS refund season is upon us and you might be asking yourself "Where is my IRS refund?". If you have already completed your tax returns and are expecting to receive any refund amount, great or small, there are several key points to be aware of regardless of the complexity of your IRS return.

  1. IRS Refund Options: There are now three options you can choose from when receiving your individual federal income tax refund - direct deposit, U.S. Savings Bonds, or a paper check.
  2. Split Refunds: This allows you to divide your refund in any way you want, and direct deposit your refund into three separate accounts within the U.S. People choose to do this for a couple reasons; you can easily deposit into a checking account for more immediate needs, while concurrently bolstering your savings account. Additionally, it allows for a quicker refund than by using paper checks.
  3. Processing Time: Your IRS refund will usually be issued within six to eight weeks from the date it is received, so long as your paper tax return is complete and has no errors. For electronic filings, the refund should be issued approximately three weeks after it was received.
  4. The Effect of Payment Plans:  If you are currently making payments under a payment plan for a prior year's federal taxes, your federal tax refund will be automatically applied against the amount that you owe. Additionally, if you owe anything on federal tax, state tax, a student loan, or child support, these debts can affect your refund totals.
  5. Filing a Joint Return:  The IRS can direct deposit a refund on a joint IRS return into your account, your spouse's account, or a joint account.  Additionally, Illinois couples who have entered into civil unions will be able to jointly file their 2011 state tax returns, according to the Chicago Tribune.
  6. Paying a Loan: The IRS will not allow a direct deposit to be applied to a loan account.
  7. Delayed IRS Refund: There are a number of different reasons for delayed refunds, including:
    • Incorrect or missing social security numbers
    • Incorrect tax entered based on taxable income and filing status
    • Computation errors in figuring the taxable income, with-holdings, credits and deductions
    • Withholding and estimated tax payments entered on the wrong line, and general math errors
  8. Larger or Smaller Refund than Expected: If you receive a check for more than you expected or an unexpected check, do not cash it until you receive a notice from the IRS explaining the discrepancy. If you receive a refund for a smaller amount than you expected, you may cash the check. Notify the IRS of any discrepancy. The IRS will send out a check for the difference if it determines that you should have been refunded more.
  9. Refund penalties: If you fail to file an IRS return by April 15, but are due a tax refund from the IRS, there is no penalty for failing to file your tax return. The failure to file penalty applies only to those individuals who owe tax and do not file a tax return.
  10. Lost Refund Checks: If your check is lost or missing, the IRS will send a replacement. In the event that your refund check has been stolen and cashed, the Financial Management Service will assist into initiate a claim. They will review the signature on the cancelled check to determining whether another refund can be issued.

Understanding your options can help you avoid confusion about where your IRS refund is, direct your IRS refund to the proper location (hopefully your bank account!), and make tax season less stressful.

However, problems with the IRS or the Illinois Department of Revenue can run deeper than these issues and be very frustrating to deal with. If you are dealing with complex problems such as IRS audits, appeals, federal refund litigation, tax court petitions, tax liens, issues with your IRS return, withholding tax litigation, or civil tax litigation, if may be advisable to contact a lawyer who has significant experience dealing with the IRS.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

 

The IRS Has Put Tax Liens On My Assets - What Now?

Saturday, January 14, 2012

If you have been found to owe the government money for back taxes it is a debt that you can expect to stick until it is paid. Tax debt cannot be discharged through bankruptcy and once you reach a certain level of debt the government will put tax liens on your assets.

Putting a lien on someone's property is a process that is used to ensure that debts are paid. If someone puts a lien on your home you will be unable to sell or refinance the property until the lien is paid of. This helps the creditor ensure that they get their money at some point.

If you have had tax liens put on your assets in an attempt to collect past due taxes you might consider holding tax lien sales. Selling off any valuables and putting the money towards your debt is a great way to move forward.

It is important to remember that similar to bankruptcy, foreclosure will not help you escape your tax liens. The sale of a foreclosure that has a tax lien will take all of the income from the sale and use it to pay your tax debts.

There are solutions for debtors suffering with tax liens to help pay down debts and remove liens:

  1. Payment plans - Even the US government will accept a payment plan. You will have to submit financial details proving your income and other details but once you complete the process payment plans are fine.
  2. Lump sum pay-offs - Like any collection agency you can negotiate a lump sum payoff for your debts. This process takes a long 6-9 months but once completed you are debt and tax audit free.
  3. Tax liens are good for 10 years - If the IRS puts a tax lien on your home it's only good for 10 years. After this time the lien expires.

IRS audits are a complicated process that can lead to a lot of confusing and time consuming processes. Tax lawyers in Chicago specialize in handling these situations and making sure they do all they can to help you pay your debts and get you back on your feet.

DISCLAIMER: All information on this website are provided for informational purposes only and are not intended to be construed as legal advice. Chang & Carlin shall not be liable for any errors or inaccuracies contained herein, or any actions taken in reliance thereon.

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