Questions to Ask a Tax Attorney

Consulting an attorney is a critical step if you require assistance with your tax concerns. When meeting a tax attorney, having a lot of questions is normal. In fact, you should be asking plenty of questions. After all, this will be the party that will help you solve tax problems and represent you. 

However, asking a lot of questions and asking the right questions are two different things. So what should you be asking? Read on to learn more about questions to ask a tax attorney. 

 

Why It’s Important to Ask the Right Tax Questions

While tax attorneys are professionals who have undergone education and training, not all attorneys have the same level of experience and focus. For instance, there are tax attorneys who specialize in corporate tax, estate planning, and others who deal with tax audits and other tax matters. 

Therefore, one of the first questions to ask yourself is: What is the nature of your tax needs that you need help with? Remember, your financial future can depend on the advice you receive. By asking the right questions, you ensure you have the right tax professionals to help you solve the issue you are encountering. 

 

List of Questions to Ask a Tax Attorney

attorney shaking hands with man seated next to woman

Experience and Credentials

The first thing you want to know from a tax attorney is their background in tax laws. Aside from their expertise (income tax, business tax, estate tax, etc.), you should inquire about their years of experience and previous cases they have handled that are similar to the one you need assistance with, as well as their outcomes. 

Next, verify credentials, such as licenses and legalities. Ensure your tax attorney is licensed to practice in the state and can represent you legally before the IRS.

Services and Approach

What are some services that this particular tax professional offers? In other words, what types of tax issues do they typically handle? This ensures their expertise aligns with your tax needs. 

Moreover, inquire about their work processes, specifically how they approach resolving tax problems. Ask for insights on their strategy, the step-by-step solution, and how they tailor to individual, specific needs. 

 

Fees and Billing

woman in suit being guided to fill out paperwork

The next question to ask a tax attorney is about their fees and billings. Different tax attorneys have different fee structures. For example, some charge a flat fee, others charge hourly or a contingency fee. As a client, you want a fee structure that is right for your situation. 

Request a clear explanation of how fees are calculated for the specific tax issue you need assistance with. 

Ensure you inquire about other potential additional fees, such as upfront costs, like a retainer, consultation fees, or other expenses, like filing documents. 

 

Communication and Availability

In the world of taxes, transparency and effective communication are cornerstones of client-attorney success. You want a tax professional who will be there for you and ready to help you anytime. 

Therefore, before you decide on hiring one, ask about their communication system. How often will I receive updates about my case? What is the best way to reach you (phone, email, client portal)? And how quickly do you typically respond to questions? 

These are some crucial questions to ask as a tax attorney that can help smooth the process of dealing with tax problems.

 

Reach out to Greenberg Law for Your Tax Issues

attorney's desk: notebooks, glasses, etc

When it comes to taxes, you want a tax professional who is an expert in the field and is not only knowledgeable but also skilled at handling all types of tax issues. 

Ross Greenberg specializes in representing individuals, businesses, estates, and trusts. He can assist you with a variety of tax problems, including liens and levies, IRS audits, garnishment, seizures, and more. If you have any questions, please do not hesitate to contact us. 

We will answer your questions as simply as possible, ensuring that you have the information you require. Contact us today to resolve your tax issues.

 

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Payroll Tax Problems? Here’s How a Tax Attorney Can Help

If you run a business, you know managing taxes can be an overwhelming endeavour. However, maintaining tax compliance is crucial to your business success, as issues with the IRS can lead to complex payroll tax problems that can take time and money to resolve. 

Payroll tax is one of the most important tax responsibilities for businesses to fulfill in order to remain compliant and continue providing benefits such as Social Security, Medicare, and unemployment insurance.   

Let’s break down what payroll taxes are, the roles employers and employees play, and how a tax attorney can be your lifeline when problems arise. 

 

What Are Payroll Taxes?

payroll taxes represented by time sheets, a stack of papers, and a calculator

Payroll taxes are taxes that employers commonly deduct from their employees’ paychecks and pay to the government. These taxes, in turn, are used to fund government programs that directly benefit taxpayers, including employees, such as Medicare, Social Security, and unemployment benefits. Payroll taxes differ from income taxes and sales taxes in that they are computed as a percentage of the employee’s wages. 

Types of Payroll Taxes

Federal Insurance Contributions Act (FICA)

The FICA payroll taxes are used to support Social Security and Medicare programs. For 2025, the Social Security withholding tax rate is 6.2% for both the employer and the employee, totaling 12.4%. For Medicare, the employer and employee each pay 1.45%, totaling 2.9% for both. 

Social Security has a wage limit, which is the maximum wage that is subject to the tax for that year. The 2025 base limit stands at $176,100

 

Federal Unemployment Tax Act (FUTA)

The Federal Unemployment Tax Act is the tax imposed by employers to fund unemployment benefits for workers who lose their jobs. The 2025 FUTA rate is 6.0% for the first $7,000 paid to each employee during the year. Business owners may receive a credit of 5.4% of % state unemployment taxes paid by filing Form 940

 

Income Tax Withholding

Income tax withholding is a federal (often state/local) income tax collected from employees’ wages. The amount withheld depends on the amount earned and the information provided on Form W–4.  

 

Employer vs. Employee Responsibilities

In payroll taxes, both employers and employees have responsibilities in ensuring they maintain compliance with the current regulations and prevent payroll tax problems

 

Employers’ key responsibilities are:

  • To deduct and withhold taxes from employees accurately, in accordance with IRS guidelines.
  • File quarterly (Form 941) and annual (Form 940 for FUTA) tax returns with the IRS.
  • Pay FUTA.
  • Issue W-2 forms to employees by January 31.
  • Maintain payroll records in case of audits.

 

Employees are responsible for:

  • Providing accurate information on W-4.
  • Contribute to FICA taxes.
  • Pay federal and state income taxes through withholding, based on earnings and W-4
  • Report any additional income or deductions to ensure accurate reporting.  

 

Common Payroll Tax Problems for Business Owners

man and woman looking stressed while looking at paperwork and a laptop at a desk

1. Late or Missed Payments

Missed or late payments occur when you fail to remit withheld taxes by the deadline. Failing to do so can result in penalties ranging from 2% to 10% of the unpaid tax. Repeated failures can lead to more complex tax issues

2. Misclassification of Workers

Misclassification, such as classifying employees as independent contractors, can lead to failure to withhold FICA or pay FUTA/SUI. These can result in the IRS imposing back taxes and penalties. Misclassified workers may also lose benefits, such as compensation. 

3. Trust Fund Recovery Penalty (TFRP)

The TFRP is the withheld employee taxes (FICA and income taxes) that individuals (business owners) are liable for. Failing to remit this portion of the trust fund can result in 100% of unpaid trust fund taxes, plus interest. It applies to anyone with authority over payroll who “willfully” fails to pay.

4. Payroll Tax Audits

Audits are triggered by a variety of issues, including discrepancies in payroll tax filings, late payments, or worker misclassification. In an audit, the IRS will examine records and ensure accurate calculations. When errors are found, the IRS may impose penalties, interest, and increased scrutiny.  

5. Inaccurate Payroll Reporting

Inaccurate reporting may include errors in tax calculations and incorrect W-2 information. These Inaccuracies can be caused by manual filing errors or failing to stay updated on the current tax regulations. Inaccurate reporting may result in penalties and trigger IRS notices. 

 

Consequences of Ignoring Payroll Tax Issues

Ignoring payroll tax problems will undoubtedly exacerbate the issues that can result in hefty interests and fines and initiate aggressive actions from the IRS, such as liens, levies, business license revocation, and asset seizures. 

Staying current with tax legislation and keeping proper records allows you to stay on top of your tax obligations, making reporting on your returns easier. 

How a Tax Attorney Can Help With Payroll Tax Problems

attorney having a client sign a document

A tax attorney should be your go-to person when you have any difficulties with your payroll tax and other tax matters. A tax attorney can represent you. 

They can help with critical matters, including communication with the IRS, thorough investigation and analysis of your specific cases, and negotiating favorable solutions, such as tax settlements. Remember that when dealing with tax issues, each step is critical to achieving positive results and preventing escalation. 

 

Choose Greenberg Law Group for Payroll Tax Help

If you need payroll tax help, such as resolving payroll tax problems, choose Greenberg Law Group. We navigate a variety of tax issues, ranging from mild to severe tax problems. Contact us today and let us help you stay compliant with the regulations and avoid tax troubles, so you can focus on growing your business.

 

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What to Do If the IRS Is Trying to Collect Tax Debt

When the IRS notifies taxpayers of its intention to collect tax debt, it is a serious matter that must be taken seriously. However, there are reasons why the IRS takes such action, mainly for failing to pay off tax debt. 

So, what should you do if the IRS tries to collect your tax debt? In this article, we will tell you how to respond and how to pay off tax debt so that the authorities stop pursuing you. Keep reading to learn more!

 

Understand the IRS Collection Process

folder that reads "tax due" piled with IRS forms and a red marker

The IRS has a process that it must follow before it can proceed with any collection actions. In other words, the IRS will not show up at your home unexpectedly, without any explanation or notification. They are required to notify taxpayers of any tax concerns and provide them the opportunity to settle the matter by the deadline. 

The IRS primarily communicates through written notices or letters, informing the affected party of the issues, whether it’s unpaid taxes, missing filings, audit requests, etc., and includes other details, such as response deadlines. 

When these initial letters are ignored and no response is received, tax authorities will issue a final notice informing taxpayers of enforcement proceedings, such as tax liens and levies. 

 

Common Reasons for IRS Debt

Tax debt can arise due to many reasons, but the most common include unpaid taxes or underpayment, unfiled tax returns, and accumulated penalties and interest. 

You owe taxes when you fail to pay the full amount by the deadline (e.g., April 15) or underpay, which occurs when you report less income than earned or claim inaccurate deductions/credits. 

Unfiled tax returns can also lead to a tax shortfall. This happens when you fail to file needed tax returns (Forms 1040, 8938, 3520, 5471, or 8621) before the deadline or do not file at all. If you continue to ignore your debts, fines and interest will accumulate, further increasing your tax liabilities. 

 

First Steps to Take When You Owe the IRS

Getting a notice from the IRS is a nerve-wracking situation. What will resolve the issue is to take action promptly

Time is of the essence. When you get a letter or notice from the IRS, review it and pay attention to the details. Verify the amount and other personal information to ensure they are accurate. 

Next, gather all of the necessary paperwork, such as financial documents, and organize it so that it is easy to follow and available when needed to support your specific case. 

 

Woman leaning over table with calculator and tax forms

How to Pay Off Tax Debt

Pay in Full (If Possible)

The quickest approach to pay off tax debt and eliminate the associated problems is to pay the entire amount immediately. This will resolve all tax difficulties, including fines and interest, limit debt accumulation, and stop any collection actions.

Set Up an IRS Installment Agreement

An Installment Agreement (IA) allows you to pay off your debts in periodic installments, helping you manage your debts more effectively and easing financial pressure. There are many types of Installment agreements provided to accommodate different financial situations that taxpayers face. However, each has its own requirements, so ensure you carefully consider the options. 

Consider an Offer in Compromise (OIC)

With an Offer in Compromise (OIC), taxpayers can settle tax debts for less than the full amount due. An OIC is an option designed for individuals facing financial difficulties. 

To qualify for an OIC, the IRS will evaluate your financial situation, including income and spending, to establish your ability to pay your tax debts. 

Apply for Currently Not Collectible (CNC) Status

A Currently Not Collectible status pauses any collection actions and is given to those cases where, if the taxpayer pays the debts, it would result in significant hardship. 

It should be noted that with this alternative, your debts are not eliminated; instead, they are temporarily halted until your financial condition improves. Eligibility requires demonstrating that paying the debt would result in considerable hardship (for example, inability to fund basic living expenditures such as rent or food).

Request Penalty Abatement or Relief

Suppose an individual is unable to pay their tax responsibilities due to illness, financial difficulty, or other valid reasons. In that case, they can request penalty abatement or relief, which reduces or eliminates fines, lowering their total tax liability. Documentation, such as medical records or financial accounts, is necessary to demonstrate the reason for noncompliance.

 

What Happens If You Ignore IRS Collections?

Ignoring IRS letters and warnings will lead to more complex complications. 

In addition to accruing interest and penalties, IRS levies can result in the potential loss of assets. In these cases, they can legally seize things like property or bank accounts to satisfy your tax debt. 

If you are faced with an IRS collection action, we suggest that you contact professionals directly to help you navigate the difficulties.

 

two attorneys reviewing a file

How Greenberg Law Group, P.A. Can Help

When it comes to facing tax issues, you want a professional who knows what they’re doing because every step is essential. 

Greenberg Law can assist with tax problems, ranging from basic tax filing to addressing IRS letters and collection actions. Don’t wait until it’s too late! We can show you how to pay off tax debt the right way. Contact Greenberg Law Group, P.A. today!

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When Should You Hire a Tax Attorney Instead of a CPA?

You’re experiencing issues with your taxes, and you need professional assistance. Who should you contact? While both tax attorneys and CPAs (Certified Public Accountants) can help you with your taxes, deciding between a tax attorney vs CPA lies in the matter and how complex your tax problem is. 

Understanding the Difference: Tax Attorney vs CPA

Person in business suit doing paperwork

What is a CPA (Certified Public Accountant)?

A Certified Public Accountant is a professional who specializes in tax preparation, bookkeeping, accounting, and financial planning. Unlike a tax attorney, a CPA has extremely limited legal training and authorization without a passing exam, which means they cannot assist you in situations like representing a client in court.  

 

What is a Tax Attorney?

A tax attorney is a legal professional who can assist and represent clients in tax-related matters. 

Tax attorneys undergo extensive studies and training specifically in tax law. Therefore, they are experts in navigating the complexities of tax regulations, including negotiation with the IRS. 

Another important differentiation between a tax attorney and a CPA is the attorney-client privilege, which protects confidential communications.   

 

Key Differences at a Glance

 

Feature CPA Tax Attorney
Focus Accounting, prep, audits Tax law, legal disputes
Legal Privilege No Yes, Attorney-Client Privilege
Court Representation Court Representation Yes
IRS Negotiation Extremely Limited Full legal representation

 

When Should You Choose a Tax Attorney Over a CPA?

Two people in business suits looking at a tax form

If You’re Under IRS Investigation or Facing Criminal Charges

A tax attorney is especially crucial in assisting with tax matters that are deemed serious, such as IRS investigations and criminal charges. 

In these situations, the IRS investigates your finances, which may include auditing your returns and examining issues such as tax evasion and fraud, all of which can lead to serious legal complications. 

Tax attorneys are trained to handle such situations and know all the steps to take to help mitigate the risks and avoid prosecution. 

 

When You Need to Negotiate with the IRS

The success of resolving your tax problems heavily relies on your communications with the authorities. 

When choosing to use the services of tax attorneys, they become your legal representatives, which includes becoming your communication with the IRS. Tax attorneys are skilled negotiators who can help respond, argue, and secure legal defense and favorable terms. 

 

For Complex Tax Litigation or Appeals

Navigating the complexities of taxes is standard practice for tax attorneys. If you are involved in a complex tax litigation or appeal, tax attorneys are licensed to represent you in court, prepare legal briefs, and argue tax law. Furthermore, they handle IRS Office of Appeals appeals as well as Tax Court litigation for tax or penalty disputes.

 

You Want Confidentiality

A tax attorney provides you with attorney-client confidentiality, which is particularly important in cases where you are dealing with the IRS. Clients can share sensitive tax issues with confidence, knowing that these communications are protected by law.

 

When a CPA Might Be the Right Choice

You Need Help with Tax Preparation or Filing

A CPA is suitable if you need assistance with preparation and documentation, such as routine tax filings, managing personal finances, and calculating tax obligations to minimize your tax liability. Although these steps may appear simple, they are critical because many tax issues arise from failure to complete these routines correctly.

 

You Need Ongoing Financial or Business Accounting

Keeping up with documentation and financial accounting is not a simple chore. CPAs are professionals who can help you organize your financial documents. Keeping your data structured can make it easier when you need to report your finances and taxes. 

 

Final Thoughts: Choosing the Right Tax Professional

Two people shaking hands over contract

When it comes to a tax attorney vs CPA, both can help assist you in staying in compliance with current tax rules. The differences lie in the intricacies of the tax problems at hand. 

A certified public accountant can help you organize and calculate routine tax files and personal finances, allowing you to keep accurate records and filing that can prevent tax troubles in the first place. 

However, when it comes to more significant tax concerns that necessitate legal skill and counsel, tax attorneys are the best choice. Dealing with tax issues without expert assistance can lead to further complications, including increased fines, asset forfeiture, and even jail time.

Contact Greenberg Law Group, P.A. for all of your tax needs. Ross Greenberg is here to represent you and help you get the best potential results.

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IRS Penalties for Unreported Foreign Accounts and Income

IRS jurisdictions of monitoring and ensuring tax compliance among US taxpayers extend not only to accounts on US territory, but also to financial accounts held abroad. 

To ensure that these requirements are met, the government requires FBAR submissions from all qualified taxpayers with foreign accounts to comply with the country’s tax laws. 

Continue reading to learn more about unreported foreign accounts, FBAR filing, and the consequences for violating the law. 

 

What Is FBAR Filing and Who Needs to File?

FBAR Basics (Report of Foreign Bank and Financial Accounts)

The Foreign Bank Account Report (FBAR), also known as FinCEN Form 114, is an annual report required to be filed by U.S. taxpayers with a foreign financial account. 

The FBAR is mandated by the Bank Secrecy Act (BSA) to monitor overseas account transactions held by US citizens. The FBAR is designed to prevent financial crimes, such as money laundering, tax evasion, and other financial offenses. 

 

Who Must File an FBAR

Those who must file FBAR include those who meet the following criteria:

  • Citizens, alien residents, or U.S. entities such as corporations, partnerships, trusts, or limited liability companies.
  • Have a financial stake in, or signature authority over, one or more overseas financial accounts. These accounts may include bank accounts, securities, mutual funds, cash-value insurance policies, and accounts held in foreign branches of U.S. banks or U.S. branches of foreign banks.
  • With a threshold exceeding $10,000 at any time during the calendar year.

 

Reporting Foreign Income: IRS Filing Obligations Beyond FBAR

4 stacks of coins, each one smaller in size in foreground with man i background with pen in his hand

IRS Form 8938 (FATCA Reporting)

FATCA, commonly known as IRS Form 8938 or Statement of Specified Foreign Financial Assets, is another tax form that U.S. taxpayers must file along with their annual income tax return (Form 1040). FATCA complements the FBAR by requiring the reporting of any foreign assets and accounts owned. 

Similar to the FBAR, U.S. citizens who own financial accounts in foreign financial institutions and other foreign financial assets and interests (such as stocks, securities, partnerships, corporations, and mutual funds) are required to file FATCA. 

Taxpayers who have a total value of foreign financial assets exceeding the following amounts are bound to FATCA regulations:

  • $50,000 on the last day of the tax year or $75,000 at any time during the year (for unmarried individuals living in the United States)
  • $100,000 on the last day of the tax year or $150,000 at any time (for married filing jointly residing in the United States)
  • $200,000 on the last day of the tax year or $300,000 at any time (for unmarried individuals living outside the United States) 
  • $400,000 on the last day of the tax year or $600,000 at any time (for married individuals residing outside the country) 

 

Other Common Forms

In addition to the FBAR and FATCA, US taxpayers with foreign income or assets may be required to file additional IRS forms (3520, 5471, 8621) to record specific foreign financial activities or interests.

Form 3520 is used to report transactions involving foreign trusts (such as distributions and donations) and substantial gifts from overseas corporations or persons.

Form 5471 reports ownership or control of certain foreign firms to guarantee income and transaction transparency, especially for Controlled Foreign Corporations (CFCs).

Form 8621 reports direct or indirect distributions and gains from a Passive Foreign Investment Company (PFIC) or Qualified Electing Fund (QEF). 

 

Consequences of Unreported Foreign Accounts and Income

document showing "amount you owe"

Unreported overseas accounts and income can result in significant issues, including penalties and even imprisonment. Non-willful violations, which include failing to report a financial account due to negligence, misunderstanding, or other reasons without intent to evade taxes, can result in penalties of up to $10,000 per violation. 

Wilful violation, which occurs when a taxpayer knowingly or recklessly fails to report foreign accounts or income—indicating intent to evade taxes—is punishable by the greater of $100,000 (adjusted for inflation, approximately $160,944 for 2025) or 50% of the account balance at the time of the violation per violation.

Criminal FBAR applies when non-compliance results from intentional tax evasion, fraud, or other illegal activities. The penalties can include fines of up to $250,000 and/or imprisonment for up to 5 years. 

If taxpayers are part of a conspiracy or a pattern of illegal activity (e.g., money laundering or hiding income), penalties can increase by $500,000 or more, and imprisonment can be up to 7 years. 

 

Additional IRS Penalties

Other penalties that may be imposed for failing to comply with IRS foreign reporting requirements include accuracy-related penalties of up to 20% of the underpayment and 40% of the underpaid tax for underpayments related to undisclosed foreign financial assets.

Failure to file a tax return that includes foreign income or Form 8938 may result in both the failure-to-file penalty and the form-specific penalty. 

Late tax returns are subject to a monthly penalty of 5% of the unpaid tax, up to a maximum of 25% of the total tax amount. Similarly, undeclared foreign income that results in underpaid taxes can lead to a failure-to-pay penalty of 0.5% per month of the unpaid tax, up to a maximum of 25%.

Furthermore, failure to meet your tax requirements, including the disclosure of foreign accounts, may result in an audit and potentially lead to long-term tax consequences. 

 

What Triggers IRS Scrutiny?

Non-compliance or inconsistencies in these filings are the main trigger for an IRS audit or scrutiny. 

The IRS cross-references data, for instance, FATCA disclosure, with U.S. taxpayers’ filings (e.g., FBAR, Form 8938, or Form 1040) and checks for accuracy. Large international or frequent transfers, or those with suspicious patterns, are more likely to get more scrutiny from the authorities. 

Minimize scrutiny by taking the necessary steps, such as filing on time and accurately, disclosing all accounts and assets, and paying taxes in a timely manner. 

 

How to Correct Unreported Foreign Accounts or Income

Just like with filing taxes or paying taxes late, taxpayers are given opportunities to fix unreported foreign accounts or income. This is possible through:

 

IRS Voluntary Disclosure Programs (VDP): Allows taxpayers who willfully failed to report foreign accounts or income to disclose their non-compliance proactively, potentially avoiding criminal prosecution while resolving tax and penalty obligations. 

To qualify, one must be a U.S. taxpayer with unreported foreign accounts or income and have a valid Taxpayer Identification Number (TIN). Moreover, it is essential to apply for VDP promptly, before the IRS initiates an audit or investigation. 

 

Streamlined Filing Compliance Procedures: The Streamlined Filing Compliance Procedures allow non-willful taxpayers to correct unreported foreign accounts or income with reduced or no penalties. 

U.S. taxpayers must certify non-willful conduct with a signed statement under penalty of perjury, be free of IRS audits or criminal investigations, and have a valid TIN.

 

Delinquent FBAR or Informational Return Submissions: This option allows for filing delinquent forms accompanied by a reasonable cause statement to avoid penalties, for individuals with no unreported income (no tax liability) who failed to file their FBAR.

Eligibility includes no underreported income or unpaid taxes, being neither under IRS audit nor investigation, and not having committed a non-willful failure to file (e.g., due to ignorance or oversight).

FBAR filing issues - United States passport sitting on other documents

Why You Need To Hire an Expert Tax Attorney for FBAR Issues

Unreported foreign accounts and income are a severe tax issue that should not be overlooked. 

Therefore, if you wish to take any action, such as filing an FBAR, resolving a problem, or communicating with the IRS, we strongly advise you to seek expert assistance. A tax attorney has familiarity with all aspects of the tax system, including determining the best answer for your unique case.

Contact Greenberg Law today and let us help you avoid tax difficulties!

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IRS Tax Lien vs Tax Levy: What’s the Difference?

Tax issues arise for various reasons, and their implications range from mild to severe. Liens and levies are two severe problems that all taxpayers want to avoid. These types of tax issues will affect not only your finances but also your assets. 

So, what are the differences between a tax lien vs tax levy? Let’s explore these topics today. 

 

What Is a Tax Lien?

What is a Tax Lien? Stressed man sitting in office with scattered papers

Definition and Purpose

A tax lien is a tool employed by the IRS to secure outstanding debts by legally placing a claim against taxpayers’ assets. A tax lien entails filing a legal document that informs the public of the government’s legal claim against the taxpayer’s assets. 

 

What a Lien Affects 

Once a tax lien has been filed, the IRS has precedence over other parties in claiming your assets, which include real estate, personal property, and financial assets.

 

When Is a Tax Lien Filed?

A tax lien is filed after several notices to the debtor have been sent, informing the taxpayer of outstanding tax liabilities. 

If taxpayers neglect these notices, the IRS can issue a Notice of Federal Tax Lien, a public notice informing them that they have claimed the assets of the concerned persons or businesses.  

 

What Is a Tax Levy?

What is a tax levy? 2 people sitting at table with tax documents, a calculator, and mugs

Definition and Purpose

A tax levy is the legal seizure of property and assets to repay outstanding obligations. Levies can occur when taxpayers continually ignore IRS letters or notices. In contrast to a tax lien, which is a legal claim on the taxpayer’s assets, a levy is the actual collection action. 

 

What the IRS Can Levy? 

The IRS has the authority to levy everything from bank accounts to wages, real estate, automobiles, and retirement savings.

 

When Does a Tax Levy Occur?

A tax levy is imposed when individuals and businesses continue to fail to pay their tax bills. 

The IRS sends multiple notices, including a Notice of Federal Tax Lien and a Final Notice of Intent to Levy, to notify taxpayers of the tax issue and provide them with the opportunity to resolve the issue using the various available options.

 

Key Differences Between a Tax Lien vs Tax Levy

Feature Tax Lien Tax Levy
Type of Action Claim to property Seizure of property
Impact Affects the ability to sell Immediate loss of funds/assets
Notice Required Yes, Notice of Federal Tax Lien Yes, Final Notice of Intent to Levy
Asset Seizure No Yes
Resolution Pay debt, installment agreement, appeal Urgent legal action is required to prevent loss

 

How Liens and Levies Affect You

Financial Consequences

When it comes to the financial consequences of liens vs levies, both will have a significant impact on your finances. 

These two actions can restrict your access to your finances and assets, such as being unable to withdraw money due to a bank freeze, having accessible funds decreased due to wage garnishment, or being unable to sell or refinance your property. 

This can all result in financial difficulty, not to mention the mounting penalties and interest that accrue from unpaid debts.  

 

Legal Consequences

Liens and levies also carry the same legal implications. 

As the IRS is a legal entity supported by the country’s laws, it takes efforts to ensure taxpayers fulfill their tax obligations. Any requests that are not met will result in legal ramifications. For instance, ignoring these notices can result in asset seizure and the creation of a public record, which will notify others of the claim on your property, potentially complicating any subsequent legal issues.  

Tax documents and tax papers sitting scattered with 3 stacks of coins with blocks spelling out "T" "A" "X" on top of them

Can a Lien or Levy Be Removed?

Removing a Tax Lien

There are various options for removing a tax lien. The first step is to settle all tax debts in full, including fines and interest. 

Once paid, you must still request a withdrawal using Form 12777. The IRS will typically remove the lien within 30 days and provide the taxpayer with a Certificate of Release of Federal Tax Lien. 

Discharge or subordination are other options to stop a tax lien temporarily. 

A discharge is an option if you need to sell or transfer a specific property; you can request a discharge  (Form 14135) to remove the lien from that property. The IRS may approve if the property’s worth exceeds the tax liability and the IRS receives an equivalent amount (for example, sale proceeds).

A subordination permits other creditors to take precedence over the IRS lien (Form 14134), facilitating loans or refinancing. The IRS may agree if it facilitates debt repayment without removing the lien.

 

Releasing a Tax Levy 

Levies, like tax liens, can be removed by paying the entire amount owed. Settling with the IRS through an agreement, such as an Offer in Compromise or Installment Agreement, also halts any collection activities as long as the individual or business adheres to the arrangement. 

Another way to release a tax levy is to prove that the levy causes immediate economic hardship (e.g., inability to pay for basic living expenses). Request for relief by filing Form 1127

Lastly, if you believe there was an error that resulted in the levy, you can file an appeal (Form 12153) within 30 days of receiving the IRS levy notice. The levy may be suspended until the validity of the challenged levy is determined. 

 

What Should You Do If You Receive a Lien or Levy Notice?

Receiving a notice of lien or levy is understandably distressing. However, if you have reached this point, you should take precautions to prevent further complicating the situation. As we covered in this article, there are steps you can take to avoid the problem from escalating, such as paying off all debts or getting into a payment agreement with the IRS. 

Your choice should also be based on your specific situation. That is why you should be diligent and informed while making a decision. Consult with a professional to ensure the best potential outcome for your situation.   

 

How Greenberg Law Group, P.A. Can Help

Greenberg Law’s team of tax professionals has extensive experience managing a variety of tax matters, including liens and levies. We understand the process and know how to devise the best resolutions for your specific circumstance. 

It is of utmost importance that if you are experiencing tax issues, you should not delay taking action. The more you delay, the more problems will come your way. 

Contact us immediately, and let’s develop a specific approach to prevent the issues from escalating.

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How Do I Fix My Tax Problems?

We all want to avoid tax problems. However, on some occasions, tax problems arise due to a lack of understanding of tax obligations or how to respond to various tax situations. In this article, we’ll examine the various tax issues that can arise and answer the central question: How do I fix my tax problems? 

Understanding Your Tax Problems

One of the most critical aspects of navigating taxes in the United States is understanding federal and state tax regulations, including the various taxes that exist, which ones apply to you, the tax deadline, and, if there is an issue, identifying the problem and resolving it effectively. 

 

Common Tax Issues

Below, we’ve listed the most common tax issues:

Unfiled tax returns: An unfiled tax return occurs when an individual fails to meet the deadline for filing their tax returns. The good news is that the IRS offers opportunities for taxpayers in various challenging situations to extend deadlines or make payments on their debts over time. 

 

Back taxes owed to the IRS: Back taxes refer to tax debts from previous years that are typically caused by underreporting income, underpaying estimated taxes, and failing to file tax returns on time. Back taxes mean you will be charged interest and penalties until the debt is paid. 

 

IRS notices and collection letters: The IRS sends notices to taxpayers about outstanding tax issues. The IRS will send several notices to individuals, allowing them to acknowledge and communicate to resolve the issue. Failure to respond to the notices may result in more complex tax issues, such as liens and levies. 

 

Tax liens and levies: If taxpayers fail to respond after receiving multiple notices, the IRS will take action, including the issuance of tax liens and levies. This is a serious problem that can lead to various issues, including asset seizure. 

 

Wage garnishment or bank account seizures: When a taxpayer fails to pay their tax debts, the IRS can garnish wages or seize funds from bank accounts to collect the unpaid taxes. This usually occurs after multiple notices and a failure to resolve the debt.

 

IRS audits or audit appeal: An IRS audit entails the IRS reviewing your tax returns. It’s important to note that being audited doesn’t always mean you’re in trouble. Some audits are performed as part of a routine to ensure that individuals meet their tax obligations, so anyone can be audited. If you are audited and have issues as a result, you can still file an appeal if you believe the findings are incorrect. 

Stressed man with head in his hands looking down at tax papers on table

 

Why It’s Critical Not to Ignore Tax Problems

The most important aspect of avoiding trouble with the IRS is to file your taxes correctly and on time. Ignoring IRS letters and other communications will only exacerbate the problem, potentially leading to more complex situations that can cause financial disruption. 

When contacted by the IRS, respond promptly and accurately. For the best results, seek professional assistance to ensure effective communication and that any necessary negotiations are conducted with best practices.  

 

How Do I Fix My Tax Problems? 

Step 1: Understand What You Owe

The first important step in resolving your tax problem is to fully understand your tax debt. This is because if you don’t know what you owe, it will be challenging to plan effectively and find the best solution to your problem. 

In this step, you should gather all necessary documents (such as IRS notices and other correspondence) and review their content. Look for information such as the amount you owe and any applicable penalties or returns. 

You should also identify the tax years for which you owe money or the tax returns that you have yet to file. Typically, the IRS prioritizes debts incurred within the last three to six years, but it may also collect older debts. 

If you do not already have an IRS account, you can create one through their website. Once that is completed, check your account. It will display your tax balance, payment history, and any penalties and interest owed. 

 

Step 2: File Any Missing Returns

If you have not filed your tax returns, do so as soon as possible. Filing prevents the failure-to-file penalty and demonstrates good faith. 

However, before proceeding, you should ensure that you have all required documents, such as W-2s, 1099s, receipts, and other income or deduction records. If any records are missing, you can request wage and income transcripts from the IRS or contact your employers or banks. 

Once you have all of the supporting documents, file your information correctly. This is critical because errors can lead to further problems. 

 

Step 3: Evaluate Your Options for Tax Relief

The next step in resolving your tax issues is to determine the most suitable option for your specific tax situation. Once you have determined how much you owe and filed all of your returns, select one of the options available to you as a taxpayer. 

Depending on your circumstances, this option could be a payment plan, such as an Installment Agreement (IA), an Offer in Compromise, a Currently Not Collectible option, or Penalty Abatement. Ensure you select a resolution that is within your means and puts you in the best possible position for the future. This is when a tax attorney can be extremely helpful.

 

Step 4: Respond to IRS Collection Actions

IRS folder with American flag in backgroundIf you have received a notice from the IRS regarding collection actions, time is of the essence, and you must make a decision promptly. Understand what is on the notice (for example, an action to levy or lien) and be aware of your rights. 

Another option available to you is to request a Collection Due Process (CDP) Hearing. This allows you to challenge the action or propose alternative resolutions. 

 

When to Contact a Tax Attorney

Having a tax attorney on your side is the best course of action when dealing with various tax issues. This is especially critical if you have received an IRS notice or summons, owe more than $10,000 in taxes, or are unsure or overwhelmed by your current situation and don’t know where to start.

A tax attorney can assist you in understanding the issue at hand, presenting the options available to you, determining the best resolution for your case, and negotiating on your behalf. Having an expert by your side will make the entire process less stressful and more effective in terms of achieving the best results. 

 

End Note

So, how do I fix my tax problems? The most important thing is understanding the tax issue you are dealing with, what it entails, what options you have, and what the best course of action is. Finding yourself with tax issues can be a stressful experience. If you have tax issues, contact Greenberg Law Group. Our team will help you find the best strategy to resolve your issues and prevent future problems!

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My Tax Return is Being Audited. What Does This Mean?

Receiving the news that your tax return is being audited can be a concerning development. However, understand that being audited doesn’t always mean something is wrong. Audits are a regular part of ensuring taxpayers meet their tax obligations. Read on to learn more about IRS audits. 

 

What Is a Tax Return Audit?

An IRS tax audit is a formal review of your tax return and supporting documents to ensure that income, deductions, and credits are reported accurately and correctly. 

While having your tax return audited may appear alarming, this critical step can happen to anyone and shouldn’t worry you, especially if you have done nothing wrong.

 

Common IRS Audit Misconceptions

“Only people who did something wrong get audited.” The IRS can conduct audits at random, even of law-abiding citizens.

“Getting audited means I’m going to owe a lot of money.” IRS audits will examine the accuracy of the information reported. This doesn’t necessarily imply that you will owe more money to the authority. 

Even if discrepancies are discovered, you have the opportunity to correct them. In fact, many audits yield no changes or even a refund. If you missed a calculation and ended up paying more taxes than you should, you can be notified by an audit and receive a refund.

Magnifying glass hovering over calculator with word 'audit' displaying

Why Is My Tax Return Being Audited?

Common Triggers for a Tax Audit

The IRS selects returns for audits using both manual and automated processes. The following are some red flags that may trigger an audit:

Math errors or inconsistencies in reported income: Even simple mistakes, such as typos and miscalculations, can alert the IRS. 

The reported income must also match the forms employers or clients submit, such as W-2s. Ensure there are no discrepancies between the income you declare and what your employer has reported. 

Unusually high deductions or charitable donations: If the amount you deduct or donate seems disproportionate, this will raise a red flag. 

For example, claiming $30,000 in charitable donations on a $60,000 income may appear suspicious, particularly if you don’t have clear documentation, such as receipts or letters from the charity. 

Large business losses or self-employment income: The IRS may audit self-employed individuals or business owners who have reported significant business losses year after year, as this could indicate underreporting income or inflating expenses. 

The IRS may verify the figures to ensure they’re legitimate, not personal expenses disguised as business deductions.

Random selection by IRS algorithms (DIF score system): The IRS uses a Discriminant Inventory Function (DIF) system to assist in selecting returns based on the likelihood of errors. While high DIF scores may trigger an audit, individuals can still be selected using algorithms even if there are no apparent errors.

man sitting at desk sorting through tax documents with paper bills and calculator

Types of Audits

There are three types of audits, each with a specific purpose and level of severity.

Correspondence

A correspondence audit is conducted entirely by mail, including resolution. The IRS will request documentation or clarification on some items listed on your returns.

Office

As the name implies, office audits are conducted in person at the local IRS office. The auditor will review the items in question and may request additional documentation or explanation. 

Field

This type of audit is the most in-depth and usually occurs in more serious cases or with high-income earners. IRS agents conduct these audits at the taxpayer’s home or at their place of business. 

 

What Should I Do If I’m Being Audited?

1. Read the IRS Letter Carefully

If you’re selected for an audit, you’ll be notified by letter from the IRS. The letter will include the tax year under review, the items being examined, and the type of audit being conducted. 

It’s critical that you read the IRS letter carefully and understand what it’s asking. Misinterpretation of information can result in the provision of incorrect documents and irrelevant information, which can lead to further problems. 

 

2. Gather Supporting Documentation

If errors or discrepancies are found, you’ll be prompted to provide supporting documentation. Depending on the items being reviewed, this may include bank statements, receipts, employment records, acknowledgment letters for charitable donations, and other relevant documents.

 Make sure the documentation you provide is relevant to the issue at hand, as it will be used as evidence to prove your case. 

 

3. Respond Promptly and Accurately

When dealing with the IRS, time is of the essence. Timely and precise responses demonstrate cooperation and can help prevent the audit from being escalated. 

Whether the audit is conducted by mail, in an IRS office, or at your location, make sure your submission addresses the IRS’s concerns directly.

 

Possible Tax Return Audit Outcomes

Tax audit outcomes between two men shaking hands over a desk, one being a tax attorney

Tax audits can have various outcomes, depending on the findings and resolution of discrepancies.

No changes: 

This means that your tax returns have been determined to be accurate or that the documents you provided to resolve the discrepancies are sufficient to prove your case. In these cases, no additional action is required. This would be the best possible outcome of the audit. 

Agreed change: 

Occurs when errors are discovered, but you and the IRS have agreed on a resolution, and adjustments have been made. For example, if you fail to report some of your income, you agree to pay the remaining taxes and any penalties and interest. 

Disagreed change: 

This occurs when disagreements arise with the IRS regarding the audit results, and a resolution is not reached. The following steps may include filing an appeal, meeting with an auditor to discuss the differences, or taking other actions, such as bringing the case to tax court. This outcome is complex, so professional assistance is strongly advised. 

 

Conclusion

If your tax return is being audited, it can be nerve-wracking because most of us believe it results from doing something wrong and will lead to serious trouble. 

While it’s true that breaking tax laws can result in an audit and additional problems, the IRS conducts audits through random selection, such as using algorithms, which can also target law-abiding citizens. However, if you’ve fulfilled all of your tax obligations by the regulations, you shouldn’t be concerned. In some cases, an audit may even result in a tax refund. Even if discrepancies are found, you have opportunities to correct them during the process. 

Contact Greenberg Law Group to help you accurately report your tax returns and identify any errors or discrepancies before it’s too late, preventing dealing with the authorities. 

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Didn’t Hit The Tax Deadline? Here’s What To Do

Every year, all taxpayers are required to meet a tax deadline, which typically falls on April 15. What happens if you didn’t hit the tax deadline this year? What should you do? This article will provide more detailed information on this specific topic. 

 

What Happens If You Miss the Tax Deadline?

If you didn’t hit the tax deadline this past April 15, the immediate consequences that will apply to you are:

Failure-to-file penalty: Missing the tax deadline places you in the failure-to-file category. This means that you’ll receive a penalty. The penalty is 5% of the unpaid taxes for each month or part of the month when the return is late, with a maximum penalty of 25%.

Interest accrues on unpaid taxes: Interest begins to accrue on the due date. The interest rate is determined quarterly,  based on the federal short-term rate plus 3%.

Loss of refund if you don’t file within three years: Failure to pay on time risks losing a tax refund. There’s a three-year window following the original filing deadline. For example, if you have a $1,000 tax refund for the year 2024 and don’t file by April 15, 2028, you’ll lose it permanently. 

 

First Steps You Should Take If You Didn’t Hit the Tax Deadline

Tax files and documents sitting on a table with a green background

1. File as Soon as Possible

The best course of action after missing the deadline is to file immediately. Filing as soon as possible will help you avoid accruing the penalty. The longer you wait, the more the penalty you’ll face. 

 

2. Pay What You Can Immediately

If you can pay your taxes in full, that’s great. But if not, pay what you can right away. Whatever amount you pay will reduce the failure-to-pay penalty. 

Partial payment also demonstrates good faith on your part, which may be helpful in future interactions with the IRS.

 

3. Apply for a Payment Plan (Installment Agreement)

If paying in full isn’t an option, consider applying for a payment plan to help you manage your taxes more effectively and reduce the penalty. For example, an Installment Agreement allows taxpayers to repay their debts over time while reducing the monthly failure-to-pay penalty to 0.25%. A payment plan also prevents aggressive IRS collection actions, such as levies and wage garnishments, allowing you to manage your debt with less scrutiny.  

 

Consider Filing for Penalty Relief

First-Time Penalty Abatement (FTA)

You may be eligible for First-Time Penalty Abatement (FTA) if this is your first time missing the deadline. Certain penalties may be waived if it’s proven that this is the taxpayer’s first offense.  

However, there are specific requirements to be eligible for this option. These include having a clean compliance history, such as no other penalties for the previous three tax years, filing all required returns for the current and prior years, and paying or being enrolled in one of the IRS’s approved payment plans for the taxes owed. 

 

Reasonable Cause Relief

If you missed the tax deadline due to circumstances beyond your control, such as a natural disaster, illness, or severe financial hardship, you may qualify for reasonable cause relief.

Like FTA, reasonable cause relief allows taxpayers to avoid penalties for missing the tax deadline. Unlike an FTA, however, reasonable cause relief is not restricted to first-time offenders. 

You must provide documentation to support your claim of circumstances, such as disasters, serious illness, or severe financial hardship. This includes medical records or doctor’s statements, FEMA reports or insurance claims, as well as financial bank records or statements.  

 

What If You Haven’t Filed Taxes for Several Years?

What if you haven’t filed your taxes in several years? The best step is to stop ignoring the problem. The longer you wait, the more costly and complicated the problem will be. Failing to file your taxes can result in aggressive actions, such as levies and wage garnishment, and jeopardize your situation, including social security benefits, loan approval delays, or even criminal charges.

If you haven’t filed your taxes in years, contact Greenberg Law Group. A professional’s assistance is crucial in properly navigating the issue and determining the best course of action based on your specific situation, thereby preventing the problem from escalating. Allow us to assist you in determining the best course of action to get you out of trouble.

two people shaking hands

Avoiding This Problem in the Future

As you can see, missing tax deadlines can result in significant fines and a complicated situation. Avoid missing deadlines by creating a reminder system, such as marking key dates on your calendar or setting digital reminders, to stay easily informed of critical tax deadlines

Furthermore, if filing your taxes by April is impossible, you can apply for a six-month extension using IRS Form 4868. This will push the deadline to October 15. However, note that the extension only applies to filing taxes, not payments.

 

Greenberg Law Group P.A. Is Here to Help

Greenberg Law Group, P.A. is your go-to partner for tax matters! We understand the process and can communicate with the IRS on your behalf, ensuring that each step is tailored to your specific tax situation. If you didn’t hit the tax deadline and want to find the best solution to the problem, a well-thought-out strategy and effective communication are essential. This is where a tax attorney can help! Reach out to us today, and we’ll help you get your taxes in order, reducing stress and providing you with more peace of mind.

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What Are Back Taxes? Tax Debt Tips and Resources

Back taxes are owed by taxpayers who have not paid their taxes for one or more previous years. Individuals and businesses with unpaid taxes will face various consequences, which, if not addressed promptly, can lead to more complex tax issues, such as levies. 

In today’s article, we’ll go over back taxes in more detail and how you can resolve back taxes and manage tax debt more effectively. 

 

Understanding Back Taxes

What Are Back Taxes?

Back taxes refer to tax debts that have not been fully paid when they were due. People often have back taxes for various reasons, including missed payments, incorrect income reporting, and incorrect deductions. 

The consequences of having back taxes vary and can be severe, depending on the specific situation, including the amount owed, the duration of the unpaid debt, and whether any actions have been taken to address the issue.

Common Reasons People Owe Back Taxes

Misreporting income or deductions: Misreporting income or deductions is a common cause of owing back taxes. While these errors may be unintentional at times, such as misinterpreting the qualifications of deductions, the IRS will remain firm in its assessment. Discrepancies in this matter may result in an audit and/or penalties being imposed. 

 

Unexpected tax bills from self-employment or side gigs: Back taxes can also result from tax bills from self-employment or side gigs. Unlike traditional employment, where taxes are withheld from paychecks, self-employment, such as freelancing or owning a small business, requires proactive tax compliance. Failure to do so may result in unexpected liability when annual returns are filed, leaving many unprepared.

 

Withholding errors from paychecks: Withholding errors occur when the amount withheld from your wages for taxes does not cover your entire tax bill. As a result, you will still owe the government money. Errors can occur when filing the W-4 form, such as claiming too many allowances or, on the employer’s side, miscalculating the amount withheld. 

 

Failing to file tax returns: One of the most common reasons taxpayers find themselves owing back taxes is failing to file their tax returns, often because they overlook this duty or assume the authorities won’t notice. However, that is not the case. When a return is not filed, the consequences are swift and can be detrimental to one’s financial well-being. 

 

Couple sitting with documents scattered on floor with calculator and credit card

 

How Back Taxes Impact Your Financial Future

Back taxes can add up quickly due to penalties and compounding interest. Furthermore, failing to resolve your tax issues, such as owing back taxes, can result in more complex problems, including wage garnishment, liens, or levies. 

Facing any of these issues will cause significant stress, as you will be under pressure to pay debts. If you are experiencing such complications, act promptly, as ignoring them will only lead to further problems. Explore the various options available to taxpayers and consult with a tax attorney to determine the best solution for your case. 

 

How to Resolve Back Taxes and Manage Tax Debt

The IRS provides several options for resolving back taxes and managing your tax debt effectively. One step taxpayers can take is to file past-due tax returns, even if paying them in full is not possible. Submitting returns can prevent some penalties and demonstrate goodwill toward the IRS. 

You can then explore other options for paying your debt, such as setting up a payment plan, like an Installment Agreement, which allows taxpayers to pay off debts over time. Another option to consider is an Offer in Compromise (OIC), which allows you to settle your debt for less than the amount you owe, provided specific requirements are met. 

Lastly, reviewing your tax debt with a professional can help you identify the problem, pinpoint errors, and uncover any deductions and credits you may have overlooked. 

 

Resources and Support for Tax Debt Relief

IRS Resources and Taxpayer Assistance Programs

Dealing with tax debt can feel overwhelming, but numerous resources and support options are available to help alleviate the financial strain. The IRS offers several free tools and programs to help you deal with tax debt, including ways to verify your outstanding balance. 

 

When to Seek Professional Tax Debt Help

Man shaking hands with a professional tax attorney in his office

If you are experiencing serious tax complications or have difficulty understanding or dealing with any tax issue, consult a professional tax attorney to help guide and resolve the problem. 

A tax attorney understands what is at stake in every tax situation, so they know precisely how to respond and what steps to take. Having a professional by your side can help you understand the options, choose the best solution, and avoid future issues. 

 

Avoiding Future Tax Debt Issues

Everyone should strive to avoid tax problems. To prevent future tax debt issues, file your tax return on time and fill out the correct form with accurate information. 

If you cannot pay your tax debt in full, consider the various options available and consult a professional to help you choose the best path for your situation. Remember that individuals and businesses are required to pay taxes, and avoiding taxes should never be an option because the longer you ignore your tax obligations, the more complicated the problems will become. 

If you need help with your taxes, contact Greenberg Law Group. Don’t put off paying your taxes. There are deadlines to meet, and failing to do so will result in more trouble. Let us help you get on the right track and avoid any tax issues.

 

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