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North Las Vegas Nevada Form 12153: What You Should Know
What happens at a CDP Hearing? · A collection alternative hearing is where the IRS determines that it did not have the tax debt, and you have a reasonable reason for not paying the entire balance due. For more information about the collection alternative, go to IRS.gov/Form12153/Collection_Alternative_Form.html · You are notified of the amount due. · You may make a cash payment by contacting your debt manager. · If you cannot pay the balance due, you are not required to enter into a cash settlement agreement, and it may be determined that you are in default for non-payment. A default means that you are likely to be assessed penalties. If you have a judgment debt (a judgment of any kind against you), you also may be assessed penalties under the Collection Procedures Act at 10% of the amount in judgment (see IRM 18.104.22.168.10.1, Penalty for Failing to Pay Judgment), although no penalty would be assessed if you were awarded a judgment of 250,000 or less. · If the collection alternative hearing is unsuccessful, and you are in default for non-payment, you may be assessed up to two years imprisonment in the federal penitentiary. In most proceedings before the IRS and the United States District Court for the District of Columbia, if an individual, or a partner in an SBA-sponsored entity, and more than four other individuals participate in a settlement or payment agreement, the maximum sentence for participating participants would be three years imprisonment. · The IRS may seek any other penalties and remedies under applicable law, including tax increases. · The Hearing Office may award costs and attorneys' fees incurred during or after the hearing to the plaintiff for the collection costs to which the IRS is entitled, or other costs reasonably incurred and awarded by the Hearing Office as a result of the failure of the party not to pay. · The collection alternatives process may be followed if the IRS discovers additional taxes withheld because of the debtor's failure to file an income tax return or pay an assessment. However, the IRS must follow the Collection Due Process hearing process or collection alternative process, except on appeal. How is the amount due determined? · The amount that you owe is multiplied by the applicable interest rate. The dollar amount of your balance due will be determined using a rate of interest that is appropriate to the type of debt. In certain cases where interest rates have been recently changed, it may be necessary to use current interest rates instead of the original rates.
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