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Form 12153 for Maryland: What You Should Know

A person may request an IRS form 12153 only if is filed after you have a notice or letter warning of a tax lien or levy and the IRS is required to respond to you within 60 days. 1.2. This form is used to request a CDP hearing or Equivalent hearing (see above) prior to a collection. The IRS must have a chance to consider your request and make a decision before the CDP hearing or Equivalent Hearing date. The timing of your request, including the date of the IRS form 12153 filing, and the date of the hearing will determine the date the IRS receives your request. If you would like additional information about requesting a CDP hearing or hearing (equivalent), or to discuss whether you have rights during the hearing process, you may use this form. 1.3. Form 12153 must be used within 90 days of the filing of the notice or letter warning of a tax lien or levy. The IRS is required to respond to your requests for a hearing or CDP within 60 days. Do not accept a form 12153 (rev. 12-2013) or any other form. 1.4. This form is not intended for collection or penalty cases. 1.5. If you cannot wait for the IRS to respond to your request for a hearing or CDP hearing, you may file the form separately. However, the IRS can hold your refund as a result of making an improper or incomplete decision during your hearing. So if you need to file your refund after filing the form together, keep the form with the IRS form 8809, Request for Waiver of Fee or Payment in Advance of Hearing, as additional proof of your right to the hearing. 1.6. This form is for requests to be seen by an expert tax advisor. Your expert tax advisor, who has to appear, cannot be your attorney. He or she has to know the law and the IRS code. There are usually several qualified professionals available to assist you on this form. They are available in large cities and small towns all around the United States and in Ottawa, Canada and in many other jurisdictions in the world, in addition to the U.S. A person can use this form to have his or her expert tax advisor testify under oath. However, the expert tax advisor cannot testify as to the law or the IRS code in his or her response to you, only as to what he or she knows about the law and the IRS code. 1.7.

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