Between life’s routine expenses and its unexpected ones, falling behind on taxes is not difficult to do. In addition to representing clients in tax court, our law firm works with clients to find solutions to their tax problems. We understand that individuals are not the only ones who struggle with tax debt, and we have experience helping small businesses tackle taxes. Florida Tax Attorney Mary King realizes that our clients’ time is valuable, and we will not waste it by using undecipherable legal jargon; we explain everything to our clients and welcome questions at any time during the process. Falling behind on taxes is not an unsolvable problem; there are plenty of solutions, and our experienced tax resolution law firm is more than happy to help our clients through this rough time. If you have any offshore or international accounts or income with banks or other financial institutions and to date have not yet reported them to the IRS for fear of being prosecuted, then the voluntary disclosure program will give you the opportunity to be compliant without criminal tax evasion implications.
The current program is similar to the 2011 Offshore Voluntary Disclosure Initiative (OVDI) but does have some key differences. While helpful and a great opportunity, the IRS is not making it easy and taxpayers who want to come clean should hire an attorney to guide them through the process to costly mistakes. So spending some time working with an attorney to be sure you are filing the correct amounts and will not be exposed to excess tax debt or other problems will be essential. You’ve gotten a notice from the IRS alerting you to the fact that you owe a lump sum of taxes. Your mind begins racing through ideas on how to get fast IRS Tax Relief so that you can make it all go away.
Regardless of what anyone says, there is no special time of year to file tax forms that keep you from being audited. Some businesses figure that since they neglected to file returns this means that they have to accept the IRS substitute form in its place. Assuming that you do in fact owe the IRS some money, it is important to set up a plan that you are able to live with. When looking for the right things to do, it is always a good idea to go with IRS tax relief. It is important to keep in mind that there are many other people who are in the same situation as you. Make sure that you are always seeking the advice of someone who is a professional in the area. Those who have received word from the IRS that they owe backed taxes are likely going to panic. Negotiating with the IRS is something that no one should attempt to do completely on their own. Instead of all of this, many feel that it is a better idea to hire someone who has experience fighting for their clients against the IRS. When choosing a firm to go with for these services, it is advisable to go with one that is small and local, yet still has the experience that it needs to make the difference. If you have neglected to provide compliance with the IRS our tax lawyer can minimize your expenses while negotiating the reduction of penalties and interest.  If there are any tax issues dealing with them in a proper manner with a tax professional will address these issues.
If you are a US citizen or resident alien you must report all sources within and outside the US.  Even if you receive a W-2 form or a tax statement, a form 1099 (information Return)or the foreign equivalents. Our firm is actively looking for taxpayers with offshore bank accounts and has successfully negotiated with the IRS to resolve numerous accounts on behalf of our clients. Customs Tariff and a tax levy may seem like the same thing but they have different effects on your business.  Custom tariffs are paid directly but some of these tariffs can help you lower your tax bills. The difference between a customs tariff and a levy lien is that when the government issues a levy it will seize your property of an individual or entity business to satisfy a tax debt but the government levies or imposes a customs tariff on products that are imported into this country via land, air or sea. The US Customs and Border will collect tariffs at the border and will have to go through a legal process to issue a levy and the IRS will send a tax bill to the company before it can levy any property.  In some instances the debtor will appeal a levy and the IRS will send a levy notice by mistake.
A tax attorney can help you to get IRS tax levies removed and negotiate with the IRS on your behalf.
A tax resolution attorney can help to keep you calm when you are trying to go through the process of getting your backed taxes paid up.
When it comes to tax issues, it is important to remember that failure to file your taxes and such is a crime. In the event that you owe taxes to the government, the IRS could seize your retirement account.
If the IRS seizes funds from your retirement account this could impact all your retirement savings. There are ways to help form having your IRA levied by filing a 656 form for an offer and compromise if your believe that there is no way for your to pay off the full balance of your tax lien without serious financial hardship.
Mary King is an Experienced Florida Tax Attorney an has helped hundreds of clients resolve their IRS problems.
The Trust Fund Penalty act was enacted in 1998 to assist in collecting back payroll taxes due to the government. Anyone who has a degree of responsibility can be liable regardless of title which is included as a director who is not an officer or employee as long as he was responsible for the payment of the withholding taxes. In many cases dealing with the trust fund penalty tax the IRS will come after all those associated with the business for funds and asses a penalty against them. If you knew that your taxes were due as the IRS defines as willful by intentional, deliberate, voluntary, reckless, knowing, as opposed to accidental but stresses that no premeditated intent not to pay was required. There is a time limit which is around three years after April the 15th of the tax year that the assessment has been made. To find out if you are determined willful or responsible in the eyes of the IRS there is a form 4180 that is an interview in the form of a report for that purpose called “ Report of Interview Held With Person Relative to Trust Fund Recovery Penalty or Personal Liability for Excise Tax”. There are ways to Prevent or Reduce trust fund penalty’s but it is generally difficult because willfulness and responsibility is deemed automatic if you were the owner of the company.
In order to reduce the amount of debt you will owe it is important to pay down as much of your debt as you possibly can in order to reduce the amount of debt interest you will pay before you enter into a payment plan with the IRS.
If you have recently been contacted by the IRS for a Trust Fund Penalty Interview or are currently being assessed for payroll tax problems, contact Tax Attorney Mary E. I think it is important for clients to have local representation where they can either call me or come into see me whenever they are concerned about their IRS problem. We've all heard Benjamin Franklin's old quote that nothing is certain in life but death and taxes. Overall, it ranks fifth as the best state to live and do business from a tax standpoint, the foundation found, after Wyoming, South Dakota, Nevada and Alaska. Conversely, the foundation found the heaviest tax burdens are generally in northern states, including New York, New Jersey, Rhode Island, Vermont and Connecticut, and Maryland, as well as some Midwestern ones like Minnesota and Wisconsin. That’s led to some high-profile defections, including the well-publicized departure of billionaire philanthropist and Paychex founder Tom Golisano, who moved to Florida from New York in 2009. The IRS isn't the only one who wants a piece of your paycheck - 41 states have a broad-based individual income tax. Republicans have a brand new plan to chop taxes for the easiest 0.2 % The property tax, with its forty % excessive cost, simplest kicks in for the remaining more than that. TAX information know-how bargains easier get entry to to tax information This twelve months, every different software has been dropped at lend a hand individuals maintain knowledgeable about local sales taxes.
TAX ON BONUSES sales tax buyer's remorse And as their emotions of regret develop, so do the calls for a referendum on the tax. ORDER TAX TRANSCRIPT metropolis legal professional slickness no go well with for First amendment Cunamay, however, just isn’t a member of San Diegans for Open govt, nor is he a birthday party to the lawsuit difficult the legality of a resort tax without a two-thirds public vote, as required by way of the California structure. For more information about collecting and remitting sales tax in Florida, check out Florida Sales Tax Resources. Before you begin business in Florida, you must first find out if your business activity or products used will be subject to sales or use tax. Rentals, leases, or licenses to use real property (for example, commercial office space, mini-warehouses, or short-term living accommodations).
Rental or lease of personal property (for example, vehicles, machinery, equipment, or other goods). Operating private membership clubs that provide recreational or physical fitness facilities. Importing goods from any state or foreign country, for sale at retail or for use in the business or for pleasure. Ordering and using, on a regular basis, mail-order products on which no sales tax was charged.
Providing taxable services (for example, investigative and crime protection services, interior nonresidential cleaning services, and nonresidential pest control services).
You should be able to retrieve your certificate number(s) online after three business days.
As TaxJar's Founder, he's on a mission to make sales tax simple for online sellers like you.
This would be a good questions for our Sales Tax for eCommerce Sellers Group on Facebook, because I’m not sure. TaxJar makes sales tax filing easier for thousands of online sellers and merchants across the world. The information provided on this website is for informational purposes only and is not intended to be legal advice. The program is serving nearly 70,000 underprivileged students in approximately 1,500 private schools this year. During the most recent legislative session, lawmakers expanded eligibility in 2016 to include partial scholarships for students whose household income is up to $62,010, though students at the lower income levels will maintain their priority. Unfortunately, the program has recently come under attack by the Florida Education Association, with a lawsuit to shut down the program. Parent household income level must fall within financial guidelines for the federal free or reduced lunch program, which this year is $44,122 for a household of four.
Throughout the 41 Days of School Choice campaign, the American Federation for Children will be promoting programs using the hashtag “#41Days”.


The American Federation for Children is the nation’s leading school choice advocacy organization and works in states across the country to help secure additional, high-quality educational options for families. About Step Up For Students: In 2001, the Florida Legislature created the Florida Tax Credit (FTC) Scholarship Program as a way to give low-income families a voice in their children’s education. PRE-PROBATELocate the Will and give it to the attorney so that it can be deposited with the Clerk of Circuit Court, Probate Division.
OPENING THE ESTATEIf the Will contains a proper affidavit of the testator and witness executed in the presence of a notary public, it may be "self proved" and no additional proof is needed. ADMINISTRATIONIn the administration of an estate, the personal representative must promptly marshall the assets of the estate, that is, he or she must locate and inventory all of the decedent's assets. CLAIMSIf all known or ascertainable creditors have been properly served with a copy of the Notice to Creditors, all claims against the decedent that existed prior to the decedent's death not filed with the Court within three months from the first publication of the Notice to Creditors are barred, except claims based on federal law. VERY SMALL ESTATES - Disposition of Personal Property Without AdministrationWhen a decedent leaves personal property that is exempt under Florida law and does not exceed the funeral expenses and reasonable and necessary medical and hospital expenses for the last sixty days, the person entitled to the property may apply informally to the court and have the court transfer the property to the person entitled to it. FEESBoth the personal representative and the attorney for the estate are entitled to reasonable fees for their services. SUMMARY ADMINISTRATIONSummary Administration is a simplified probate proceeding which may be used when the value of the entire estate in Florida does not exceed $75,000 or the decedent has been dead for more than two years.
ELDER LAW AND MEDICAIDMedicaid Institutional Care Program (ICP), usually just called Medicaid, is a joint federal and state program that pays for the care of the elderly in a nursing facility. PROBATE DISPUTES The single most common situation that leads to disharmony is when a parent remarries. LINKSState of Florida's web site where they list property that's been abandoned and is waiting to be claimed by an heir. Direct Marketing Association - "Deceased Do Not Contact Registration" Remove names of deceased individuals from commercial marketing listsIf links do not function properly, it may be due to browser incompatibility.
Unfortunately, tax debt not only causes an increase in stress but feelings of helplessness as well, especially if an IRS levy or a tax lien occurs. Our track record includes successfully assisting clients with reducing their tax debt, making tax debt more manageable, stopping IRS levies, and removing tax liens. We also want clients to enter into the legal process with a realistic expectation, so our lawyers work honestly and openly with them.
The penalty structure of the current program is nearly the same as the OVID program with the exception for those who fall into the highest penalty category. That’s both good and bad – while there is no set deadline it also means the IRS can choose to cancel at any time.
Other penalties may be less though and some taxpayers may only be faced with a 12.5% or even a 5% penalty depending on the individuals situation. All original and amended returns must filed and the returns must include the payments for penalties and interest accumulated in that time. King has personally helped hundreds of clients from around Florida resolve their IRS problems including guiding clients through the Offshore voluntary disclosure program. Your heart sinks immediately because in the back of your mind you thought you could avoid dealing with this issue indefinitely. At the moment you are vulnerable to several common myths that could get you into deeper trouble. When deciding whom to audit the IRS only considers deductions and business losses that don’t pass the sniff test.
The truth is that it doesn’t matter how late you are in filing, you can still fill out and send in an original form for any missing years.
They will deal with the agency on your behalf and find resolutions that allow you to breathe easy again. A plan that you can actually stick to is the way to keep both yourself and the IRS happy with the set up that they have. As such, people are constantly having things like tax levies and such taken out against them. This is very important since you are probably going to want to lower the amount that you actually owe the IRS if that is at all possible. This is highly important obviously because you do not want to get to the point where things get any worse.
The IRS can asses those who are in the corporation who they find to be both willful and responsible for the nonpayment of their tax funds to the government. If you file a 941 payroll tax return in September 2010 then the three year clock would not start until April 15, 2011 and the IRS would then have until April 15,2014 to assess the Trust Fund Recovery Penalty.
However, there are cases where the person responsible for the payment can successfully defend themselves against the assessment.
Serves all of Florida for tax resolution and IRS defense including, Sarasota, Bradenton, Venice, Ft.
I have done everything from putting taxpayers into currently non-collectible status (where the IRS no longer tries to collect on their account), offers in compromise, installment agreements, defending and arguing innocent spouse cases, audits, removing levies, releasing liens, and negotiating penalty abatement. I want them to feel like I am lifting this issue off of their shoulders so that they do not need to be concerned about it and can sleep at night. Escalating taxes in other states are driving them to the welcoming arms of the low-tax Sunshine State, too. Despite the risk of an audit, or worse, a greater number of wealthier people than ever before, are trying to establish residency in Florida because of its indisputable tax benefits.
States need revenue to function, and these states will have to make up for the lack of income tax somehow. And even then, ingenious accountants and massive deductions can offer protection to reasonably a few the remaining from Uncle Sam. When I register for Florida do I need to register my seller account profile on Amazon as my DBA? He spent part of his 8th grade year in a homeless shelter, but today Lynden is excelling at Christopher Columbus High School, a college preparatory school in Miami.
The change will enable more students across the state to take advantage of high-quality education options. In the 2013-14 school year, the typical scholarship family of four had an average annual income of $24,764. This innovative program gives dollar-for-dollar state tax credits to corporations that redirect a portion of their Florida tax liability to the scholarship program. To meet these challenges, we need a robust financial arsenal to protect and expand educational options for disadvantaged families. A person having possession of another's will is required to deposit it with the Clerk within ten days of learning that person has died. If the Will is not self-proving, the Will may be proved by the oath of one of the witnesses. An inventory is required to be filled within 60 days after issuance of the Letters of Administration. Review with your attorney all claims that have been filed and determine those to which objections should be filed. The fees are not set by the Court, unless there is an objection by one of the heirs (or even an unpaid creditor) to the proposed fees.
Florida expects that it will take a year to a year and a half to administer an estate, but I find five months to be a more reasonable time, including the mandatory 90 day waiting period for claims of creditors. Please note that the value of the homestead is in addition to the $75,000 cap, so there could be a sizeable estate handled with Summary Administration.
Usually it's the husband in this second marriage that dies first, and his children may be at odds with their step-mother.
This property could be bank accounts, refunded utility deposits, uncashed insurance checks, and so forth. Fortunately, there are ways to manage tax problems, and though it may seem like an IRS levy or a tax lien are indisputable, our tax relief law firm has experience successfully stopping them.
Unfortunately, you’re never off the hook when it comes to this powerful government agency. You should also not put up with whatever the IRS wants to throw at you just because that is what they feel like doing. It is not something that anyone wants to have happen to them, but it is something that does happen from time to time.
They are very official and it is important that you handle them with the most professional of individuals. With that in mind, many will find that they would like to have some legal help to get the IRS resolution that they require for their situation. Mary King has personally helped hundreds of clients throughout Florida fix a host of tax problems including, bank levies, wage garnishment, irs penalties and even payroll trust fund penalty recovery. IRS Tax Levies are difficult to deal with in the best of times but can be nearly impossible if you are already facing a tough situation. The tax attorney is basically the only one who would have the power to do this kind of thing. You are also probably going to have a point in time when you become very nervous about how things are playing out. Serves the entire state of Florida including, Sarasota, Bradenton, Osprey, Venice, North Port, Ft Myers, Naples, St.
A trust fund penalty recovery could spell disaster for the entrepreneur, corporate manager, director, officer or employee who fails to pay their taxes. If business owners have financial trouble and they fail to pay these taxes because they do not have enough money then the IRS will aggressively pursue and seek to collect those payments.
The two conditions of being willful and responsible must exist for the Trust fund penalty to disprove just two of these criteria. The IRS will send you a letter form 1153 that will assess your trust fund Recovery penalty and allow a person the opportunity to present evidence if you were willful or responsible enough. The wealthy have known about Florida living in the sunshine tax free and its tax benefits for decades, it’s about time to bring it to the attention of all looking for a tax break.


The move saved him $5 million a year in taxes, (he wrote at the time in an essay in the Niagara Falls Reporter about why he made the move), not to mention that the dollar in Florida buys a lot bigger and more luxurious home than in NY. Contact each state’s individual department of revenue for more about registering your business. 17, 2014) – The American Federation for Children, the nation’s voice for educational choice, and its state partner, Step Up For Students, join to celebrate Florida’s Tax Credit Scholarship – a program allowing corporations to make a difference in the education of thousands of economically disadvantaged students.
Lynden plays on the school basketball team, is president of a student non-profit to help low-income families in Florida and he’s working hard to make the honor roll.
Other improvements to the program include raising the scholarship amount for each student, and waiving the requirement that students attend public school the year prior to receiving a scholarship.
The scholarship program is available to K-12 students who qualify for the federal free or reduced-price lunch program and provides tuition assistance to the private school of their parents’ choice from about 1,500 participating schools, or $500 toward transportation costs to an out-of-district public school. The witness may appear before a probate clerk and sign an oath regarding the execution of the Will. The inventory is primarily concerned with cars, stocks, bank accounts, real estate, and valuable collections of some sort or another, the inventory does not usually consist of a listing of routine furniture and furnishings. The Florida Probate Code contains provisions that state what fees are presumed reasonable, but the Court, if asked to do so, may increase or decrease those fees. Our firm regularly handles this type of situation, and also other types of will and trust contests, including the defense and prosecution of claims that someone was paid too much money for their services.
Unlike other paper-pushing law firms, attorney Mary King has effectively represented clients in the United States tax courts.
They’ve calculated the exact amount you owe and expect you to take care of this bill by the due date. They are supposed to collect your taxes, but they cannot intimidate you if you have a good IRS tax relief plan. Those who do this end up regretting this decision and have trouble digging themselves out of the situation. Thus, they could end up losing that battle, and that would be devastating to their financial situation and possibly to other parts of their life as well. That more personalized approach to things is bound to help those who may have questions about process as it goes along. The difference is that you have the option to do something about it now that you have a little knowledge under your belt.
Located in Sarasota, The Law Office of Mary King is convenient to Sarasota, Bradenton, Lakewood Ranch, Venice, St.
Many who have fallen behind on their taxes also probably do not have the money to even cover their basic expenses, let alone tax levies that have been placed against them.
Trying to negotiate with the IRS on your own behalf if something that is not very likely to get you very far.
You never know how far things can get with this, so you want to be sure that you are protected. The general rule for this that any person required to collect, truthfully account for and pay over any tax imposed by this title who will fully fails to collect such tax, or truthfully account for and pay over such tax or will fully attempts in any manner to evade or defeat any such tax payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid over. Since the amount of money owed from a trust fund recovery penalty is often huge it is often times difficult for corporations or businesses to pay back the money that is owed. The IRS can take up to one year to hear your protest and that may afford you the time necessary for find other ways to either pay the debt or avoid a lien on your personal credit. The nonprofit Tax Foundation has used Census data over a three year period to find the states with the highest and lowest property taxes. In 2014, Step Up For Students also began helping administer the new Personal Learning Account Scholarship (PLSA), a program for students with special needs funded by the state. The surviving spouse or if none then the next of kin has the right to make decisions relating to burial.
If the Will is not self-proving and the witness resides in another state, a commissioner (usually a notary) in the other state may be appointed by the Florida Circuit Court Judge to take the oath of a witness to the Will. The personal representative and attorney for the estate are also entitled to reimbursement for their expenses, and should keep a record of all expenses incurred. If a hearing is not required, the proceeding can be finalized and an Order of Summary Administration entered in a relatively short period of time, perhaps one to two weeks.
In the meanwhile, be very cautious about any suggestions to transfer the home, or giving away assets, or hiding information from DCF (this is illegal, and people should know that the DCF computers are tied in to the IRS and other information sources). We also handle will and trust construction, and interpretation proceedings.Someone who wishes to challenge the validity of a Will could argue that it was improperly executed.
I am a member of both the "Elder Law" section of the Florida Bar and the " Real Property, Probate, and Trust Law" Section of the Florida Bar. The office is an hour and a half west of Orlando, and an hour southeast of New Port Richey and Brookesville.
Meeting clients face-to-face is important to our firm, as it allows us to get to know the clients and their unique situation. You simply have to remain open minded to the ways that you can get out of a bad debt situation. The IRS cares only about getting to the point where they are able to get their money from you. The cost of higher property taxes, sales taxes, fuel taxes, and other taxes could amount to higher overall taxes in some of these states.
Obtain ten certified copies of the death certificate, with five listing the cause of death and the other five not listing the cause of death. Assets can be preserved without the need for actual impoverishment, and without breaking the law. It also ensures that the lawyer and client are comfortable with each other, an important and often overlooked aspect of the legal process. When they are speaking with an attorney, they are going to have a better attitude about it almost certainly. The most promise for most business owners is an offer in compromise that an experienced tax professional can help you with. The bond is an expense of the Estate, and is designed to provide protection to creditors and beneficiaries in case the Personal Representative breaches his or her fiduciary obligation.
The decedent's Will, if any, must also be filed with the Petition and, in the case of a will which is not self-proving, proved and admitted to probate.
For a single applicant, the asset limit is $2,000 ($5000 if monthly income is less than $871). If there is a negotiated payment plan made with the IRS then you will be given extra time to pay off your IRS payments.
A substantial savings in Attorney fees for my clients revolves around the relatively low overhead associated with my law practice.
Undue Influence - this argument admits the testator had sufficient capacity to make a will, but challenges whether the testator made the Will freely. Certain heavily regulated real estate investments are exempt as to the principal, but not the income generated.
An undue influence petition argues that the decedent made his Will after being coerced by another person. In some cases, a "personal services contract" can be implemented, where a binding promise is made to supervise the care of the elder for the rest of his or her life, in exchange for an upfront payment. For example, a care giver or neighbor may pressure an elderly person to leave his assets to the care giver while excluding children or other relatives who have had a long history of active participation in the elder’s life.
Summary Administration is appropriate when the matter is uncontested among the heirs, and when there are no significant creditor issues.
Be very cautious about transfers (gifts) to family or others (the rules are favorable for transfers to a spouse or disabled child).
For most transfers, there is a "look back" period of 60 months, which does not start to run until a Medicaid application is filed.Medicare's coverage of nursing home care is limited. Even if items (a)-(g) are all present, the will could still be valid, so long as the Court finds that there was a legitimate reason for (a)-(g) to have occurred.Again, most cases allege all three claims, but as the case develops, the focus is usually on undue influence.
Medicare covers up to 100 days of "skilled nursing care" per illness, but Medicare recipients are often discharged from a nursing home before they are ready.
In order for a nursing home stay to be covered by Medicare, you must enter a Medicare-approved "skilled nursing facility" or nursing home within 30 days of a hospital stay that lasted at least three days. 732.703, effective July 1, 2012, cancels a designation of an ex-spouse under certain circumstances. In addition, you must need "skilled care." This means a physician must order the treatment and the treatment must be provided daily by a registered nurse, physical therapist, or licensed practical nurse. This means it covers care only for people who are likely to recover from their conditions, not care for people who need ongoing help with performing everyday activities, such as bathing or dressing. If you need skilled nursing care to maintain your status (or to slow deterioration), then the care should be provided and is covered by Medicare.
In addition, if there is a potential for adverse interactions among multiple treatments it may require that a skilled nurse monitor the patient's care and status.
Once you are in a facility, Medicare will cover the cost of a semi-private room, meals, skilled nursing and rehabilitative services, and medically necessary supplies.
Beginning on day 21 of the nursing home stay, there is a co-payment ($157.50 a day in 2015). If you are in a nursing home and the nursing home believes that Medicare will no longer cover you, it must give you a written notice of non-coverage.



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