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Form 12153 Escondido California: What You Should Know

As mentioned previously, CDP, or Equivalent Hearing, forms may be requested in any tax case where the IRS has received a Notice of Intent to Levy. Your CDP should be in a case that is related to collection and is pending or close to final resolution. The CDP can be waived if all parties to the action agree to it. This is called Equivalent Hearing. For example, if the owner of property being charged for unpaid property taxes can show, on the basis of “good cause,” that payment plans are in the best interest of the property owner, payment plans could be waived (without an Equivalent Hearing to determine property valuation, the person might just pay the taxes and send in his or her CDP). However, the IRS has to act quickly and may reject the owner's claims as “frivolous” or “arbitrary and capricious.” When does a notice of action for a CDP need to be filed or when is the CDP required? A federal Income Tax case (IRS Notice of Intent to Levy) has an expiration date of 5 years from the date it is filed. For a Notice of Intention to Levy, that expiration date is April 30th. If the Notice is mailed to you, it is only required that notice be sent to both of you. This does not apply to other types of proceedings (e.g., Collection Due Process Hearings). For Example, if this notice is sent to you, you have 5 years to answer in Tax Court. If you receive a Notice of Intention to Levy, and it is not timely resolved, your CDP is due from the date it is filed. The CDP is due to you regardless of the amount of arbitrages. In the past, arbitrages in unpaid property taxes were treated less harshly and were treated similarly to tax liens and could lead to CDP, so it is important to understand the tax ability of this type of notice. Please contact the local office of CDP before filing for a CDP if your arbitrages are in excess of any assessment (e.g.

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