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12153 Form: What You Should Know

The collection due process hearing is usually done before a Settlement Officer. You are not required to go to a Hearing Officer or Court to have your request heard.  Why Does The IRS Re-issue a Bill of Exchange? While the IRS may consider the original bill of exchange in connection with any amount of the tax it has to collect, the IRS does not necessarily consider that bill of exchange a collection measure for income tax purposes in the same manner as a lien. Although, if the IRS re-issues a bill of exchange for the same money, it could have an undue burden on creditors, a burden which becomes a collection measure in the same way as a lien. Does IRS Collection Consider a Bill of Exchange as a Collection Measure? The IRS Collection Consideration is a concept which can help tax taxpayers understand their lien and levy situation, as well as protect them in the event that the IRS or government agency does decide to pursue lien or levy on their behalf. Cases where IRS may take action on a bad check or a bad trade are collections. Cases were considered collections because a taxpayer received money from a person or business and attempted to use that money to pay his or her taxes and interest on those taxes and for other expenses. The problem arose when the taxpayer failed to get the money from the other entity which was required to provide the money. Generally, a bad check, bad trade and tax lien are considered collections in the same manner as an excess lien of interest. But because they are considered collections, there is no notice which must be mailed to the consumer by the IRS to inform the consumer of the IRS's collection action. The tax lien also has no legal effect since lien is defined as “the legal right of a person to receive in any given time the payment of something; the right to pay on demand or on account of what is demanded; the right to collect what has been paid in full.” What is a Collection Due Process Hearing? A Collection Due Process Hearing is a chance for a taxpayer to speak with an IRS agent about whether he or she should file a claim for lien or levy. The IRS is legally required to send an employee to the taxpayer's location and make a sworn statement. There are 4 general criteria that a taxpayer must meet before a taxpayer is considered as having a “Collection Due Process Hearing.

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FAQ - Form 12153

What is a 12153?
A Collection Due Process (CDP) hearing, Form 12153, provides taxpayers the opportunity to go to appeals on either a final notice of federal tax lien or a proposed or actual levy.
Where do I file a 12153?
There is not one specific department where you file the 12153 CDP request form. Rather, the form is usually sent to the address identified on the Notice of Federal Tax Lien or Notice of Intent to Levy that you received in the mail.
How long does it take to get a collection due process hearing?
Letter 3172 gives you 30 days to request a Collection Due Process (CDP) hearing to discuss the lien filing. You should request a CDP hearing using Form 12153 if you feel the lien is inappropriate.
How do I request a CDP hearing with IRS?
Collection Due Process (CDP) Hearing (Within 30 Days). You file a Form 12153, Request for A Collection Due Process Hearing or Equivalent Hearing, and send it to address shown on your lien or levy notice within 30 days of the CDP notice date in order to appeal the action with the IRS Independent Office of Appeals ( ...
What happens at a collection due process hearing?
A Collection Due Process Hearing, also known as a CDP hearing, may be your last best chance to resolve a tax controversy with the IRS short of tax litigation. Generally, the IRS must issue a Notice of Intent to Levy and Right to Request a Hearing before it sends a levy.
What is a form 12153?
12153. IRS Form 12153. Request for a Collection Due Process or Equivalent Hearing. If you don't settle a tax debt, the IRS has systems in place to legally lay claim to your assets in order to satisfy repayment. One such method is placing a tax lien or levy on your property or other assets.
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