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Past due taxes, now a CA is contacting me

LaHossBoss
Senior Contributor

Past due taxes, now a CA is contacting me

hey all!

 

I thought I would ask the all-wise myFico family about this, as I could not really find any recent info regarding this topic.

 

I notice via Informed Delivery that I had a piece of mail to my permanent address (that should have been forwarded to me, but wasn't) from Performant. So I did a Google search and they are apparently a private CA collecting on behalf of either the State of NM or the IRS. I do not know because I owe both back taxes that I was actually about to start working on.

 

Can these CAs report to the 3Bs?

 

I understand that the PRs for taxes are no longer listed, but are CAs for back taxes? Is this their work-around to destroying credit further?

 

Would the 7 year reporting window still apply?

 

*Taxes owed for the IRS are 2008 (which I thought should be outside of the 10 year collecting SOL now) and 2012.

 

*Taxes owed to NM are for 2008-2012 (again, I would think 2008 and 2009 are outside the collecting SOL)

 

*I would think they should *not* report because they are past the 7 years of DoFD, but I have no idea about how they work.

 

I am very nervous about this because I do *not* want another CA reporting after all the work I have done so far! I can imagine that they do not do PFD, either.

 

Thanks!




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Message 1 of 12
11 REPLIES 11
FireMedic1
Super Contributor

Re: Past due taxes, now a CA is contacting me

Performant is a CA for the IRS along with a few more. IRS can attempt to collect your unpaid taxes for up to ten years from the date they were last assessed. Its not the year when the taxes owed were due. I had to go by this for my BK filing. And some of the dates were a few years past the year of the file date. Im sure you got a tax lein and that will show the last assessed date.





My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC 540's. And to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 2 of 12
LaHossBoss
Senior Contributor

Re: Past due taxes, now a CA is contacting me


@FireMedic1 wrote:

Performant is a CA for the IRS along with a few more. IRS can attempt to collect your unpaid taxes for up to ten years from the date they were last assessed. Its not the year when the taxes owed were due. I had to go by this for my BK filing. And some of the dates were a few years past the year of the file date. Im sure you got a tax lein and that will show the last assessed date.


Thank you, I am rrying to figure out when they were assessed because they certainly having been trying to collect on them for 11+ years.

 

I have no tax leins from the IRS and 1 from the State of NM.




Starting Score: 2•20 | EQ 550 | TU 498 | EX 505
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Message 3 of 12
FireMedic1
Super Contributor

Re: Past due taxes, now a CA is contacting me

I went 16 yrs until they finally found me in 1 place and sent the garnishment letter certified of course to me and my employer. BK!!!!!!!!!!!! On my lien it showed the dates of last assessed. I know its dicey to look. But you can see your account on all things taxes.

https://sa.www4.irs.gov/eauth/pub/login.jsp?Data=VGFyZ2V0TG9BPUY%253D&TYPE=33554433&REALMOID=06-0002... 





My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC 540's. And to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 4 of 12
LaHossBoss
Senior Contributor

Re: Past due taxes, now a CA is contacting me


@FireMedic1 wrote:

I went 16 yrs until they finally found me in 1 place and sent the garnishment letter certified of course to me and my employer. BK!!!!!!!!!!!! On my lien it showed the dates of last assessed. I know its dicey to look. But you can see your account on all things taxes.

https://sa.www4.irs.gov/eauth/pub/login.jsp?Data=VGFyZ2V0TG9BPUY%253D&TYPE=33554433&REALMOID=06-0002... 


Trust me, I certainly want to deal with them and I did look up my account amd got my transcripts and what-not and I am sure that is what lead to all this business. I don't have a lein via IRS, so I am hoping I can still deal with them somehow, or I certainly will have to seriously take BK into consideration which is something that I def do not want to do! I am guessing at this point I have never been assessed, but they have been actively trying to collect, so I need clarification, certainly.

 

I am having a chat with a good friend tonight that is an excellent CPA and he is going to guide me to a tax attorney. I think at least that is in order for now. I don't think I should go in without one at this point. I don't want to extend SOL or anything that will hurt me and I fear getting bullied into something that will really *$%+ me, so I feel I need an attorney before going in.

 

I had extenuating life circumstances and when the 6 most recent tax years are filed, those will show me all "in the green" (I'd be owed a refund aka money towards past due taxes towards those ugly 6 tax years prior to that), so I hope those things can somehow put me in a slightly better light/better terms with them! Probably not, but here is to hoping!

 

Thanks for the info!

 

Edit: I still need to figure out if I have been turned over to a CA (Performant) or if they are newly acquiring my last set of SLs to collect on, as they do SLs too! I have rehab set up with 2 servicers, but the 3rd (through US Dept of ED) I have been going around in circles with since Feb! I wonder if they just decided they were unable to collect on me through their efforts and passed them along to someone else (more aggressive?).




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Message 5 of 12
FireMedic1
Super Contributor

Re: Past due taxes, now a CA is contacting me

I had to pay a CPA a fee to file an extension before the garnishment kicked in so I could get the BK going. The IRS accepted it for 30 days. Three days before that cut off date. BK was filed. Got it in by the skin on my teeth. Whew! Then the lein was released and then all back taxes DC'ed. They kept my returns for 16 yrs too!





My posts are JMHO. My siggy is not to brag at all. Just sharing my experiences after learning here from rebuild to recovery after BK DC 540's. And to show fellow members what can be accomplished when you do it right and play the FICO Credit Game.
Message 6 of 12
cyrusvalentino
Frequent Contributor

Re: Past due taxes, now a CA is contacting me

If you have filed taxes every year it is best to do an Offer in Compromise, if you haven't you need to consult a CPA and have them file not only the tax returns but also a penalty waiver for the applicable returns once assessed based on the numerous applicable standards that would allow the waiver of penalties. I was able to get mine fully waived.

 

They would base repayment on your ability to repay. I was able to resolve my $20,000+ back taxes for less 3% of my total back taxes owed simply by submitting the appropriate paperwork. If you haven't filed taxes every year filing that would be required, and you must be current on any quarterly tax payments (if self-employed). It truly is one of the best programs avaliable, and is designed to help you overcome income related tax debt repayment issues without having to file for BK.



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Message 7 of 12
sjt
Senior Contributor

Re: Past due taxes, now a CA is contacting me

Have you looked into OIC, Offer In Compromise, with the IRS?

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Message 8 of 12
LaHossBoss
Senior Contributor

Re: Past due taxes, now a CA is contacting me


@sjt wrote:

Have you looked into OIC, Offer In Compromise, with the IRS?


Not yet, but I have heard of it. I am going to see what my total is, first.

 

I have several years of not only owed to IRS taxes, but the same number of years where I should have gotten a refund. I am hoping it cancels out a good chunk of what is owed.




Starting Score: 2•20 | EQ 550 | TU 498 | EX 505
Current Score: 4•21 | EQ [F8 651] [F9 651] [EQ5 684] [VS3 630] | TU [F8 717] [F9 692] [TU4 723] [VS3 639] | EX [F8 718] [F9 673] [EX2 681] [VS3 675]
Goal Score: 670 [X] TU [X] EX


Take the myFICO Fitness Challenge

SO Starting Score: 2•20 | EQ 502 | TU 484 | EX 521
SO Current Score: 4•21 | EQ [F8 661] [F9 622] [EQ5 677] [VS3 646] | TU [F8 705] [F9 673] [TU4 639] [VS3 627] [VS4 666] | EX [F8 719] [F9 708] [EX2 679] [VS3 665]
Goal Score: 670 [X] TU [X] EX


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Message 9 of 12
sjt
Senior Contributor

Re: Past due taxes, now a CA is contacting me

I would get a request in or app. asap. What that does is stops all collection processes and will buy you time.

American Express: Platinum Charge, Optima, Business Gold, Delta Business Platinum, Business Cash
Barclays: Arrival+ WEMC
Capital One: Savor WEMC, Venture VS
Chase: Freedom U VS, CSR VI
Citibank: AAdvantage Platinum WEMC
Elan/US Bank: Fidelity VS
Credit Union: Rewards Visa
FICO 08: (3.04.21) EX: 838 / EQ: 850 / TU: 848
Message 10 of 12
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