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Can you apply for a US passport if you owe federal taxes?
Yes you can. And you can even receive a passport if you do not have “seriously delinquent tax debt” as defined by Internal Revenue Code § 7345.Here is what the IRS has to say about this:Revocation or Denial of Passport in Case of Certain Unpaid TaxesIf you have seriously delinquent tax debt, IRC § 7345 authorizes the IRS to certify that debt to the State Department for action. The State Department generally will not issue a passport to you after receiving certification from the IRS.Upon receiving certification, the State Department shall deny your passport application and/or may revoke your current passport. If your passport application is denied or your passport revoked and you are overseas, the State Department may issue you a limited validity passport good only for direct return to the United States.Here is the definition of “Seriously Delinquent Tax Debt”:Seriously delinquent tax debt is an individual's unpaid, legally enforceable federal tax debt totaling more than $50,000* (including interest and penalties) for which a:Notice of federal tax lien has been filed and all administrative remedies under IRC § 6320 have lapsed or been exhausted orLevy has been issuedSeriously delinquent tax debt is limited to liabilities incurred under Title 26 of the United States Code and does not include debts collected by the IRS such as the FBAR Penalty and Child Support.Some tax debt is not included in determining seriously delinquent tax debt even if it meets the above criteria. It includes tax debt:Being paid in a timely manner under an installment agreement entered into with the IRSBeing paid in a timely manner under an offer in compromise accepted by the IRS or a settlement agreement entered into with the Justice DepartmentFor which a collection due process hearing is timely requested in connection with a levy to collect the debtFor which collection has been suspended because a request for innocent spouse relief under IRC § 6015 has been madeBefore denying a passport, the State Department will hold your application for 90 days to allow you to:Resolve any erroneous certification issuesMake full payment of the tax debtEnter into a satisfactory payment alternative with the IRSIf you have past due taxes, pay them or enter into an Installment Agreement before the IRS issues a Notice of Federal Tax Lien. Liens and Levies look bad on your credit report. But that is credit issue, not a Passport issue. Either way, if the unpaid taxes are less the $50,000 go ahead and get your passport.
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