Small Business Taxes & Management

Special Report


Private Debt Collectors to be Used by IRS

 

Small Business Taxes & ManagementTM--Copyright 2016, A/N Group, Inc.

 

The IRS has announced that it plans to begin private collection of certain overdue federal tax debts next spring and has selected four contractors to implement the new program.

The IRS has attempted to use private contractors twice in the past, both times finding it not cost effective. Now, under the law, the IRS is required to use qualifed contractors to collect inactive receivables. An inactive receivable is one that meets one of the following requirements:

Certain receivables are not eligible for collection using private collectors. They include:

--those subject to a pending or active offer-in-compromise or installment agreement,
--those classified as an innocent spouse case,
--ones involving a taxpayer identified by the IRS as being—

deceased,
under the age of 18,
in a designated combat zone, or
a victim of tax-related identity theft,
--those currently under examination, litigation, criminal investigation, or levy, or
--those currently subject to a proper exercise of a right of appeal under this title.

The new program, authorized under a federal law enacted by Congress last December, enables these designated contractors to collect, on the government’s behalf, outstanding inactive tax receivables. As a condition of receiving a contract, these agencies must respect taxpayer rights including, among other things, abiding by the consumer protection provisions of the Fair Debt Collection Practices Act. The IRS has selected the following contractors to carry out this program:

These private collection agencies will work on accounts where taxpayers owe money, but the IRS is no longer actively working their accounts. Several factors contribute to the IRS assigning these accounts to private collection agencies, including older, overdue tax accounts or lack of resources preventing the IRS from working the cases.

The IRS will give each taxpayer and their representative written notice that their account is being transferred to a private collection agency. The agency will then send a second, separate letter to the taxpayer and their representative confirming this transfer. Private collection agencies will be able to identify themselves as contractors of the IRS collecting taxes. Employees of these collection agencies must follow the provisions of the Fair Debt Collection Practices Act and must be courteous and respect taxpayer rights.

The IRS will do everything it can to help taxpayers avoid confusion and understand their rights and tax responsibilities, particularly in light of continual phone scams where callers impersonate IRS agents and request immediate payment.

Private collection agencies will not ask for payment on a prepaid debit card. Taxpayers will be informed about electronic payment options for taxpayers on IRS.gov/Pay Your Tax Bill. Payment by check should be payable to the U.S. Treasury and sent directly to IRS, not the private collection agency.

For more information visit the Private Debt Collection page on IRS.gov.

 


Copyright 2016 by A/N Group, Inc. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The information is not necessarily a complete summary of all materials on the subject. Copyright is not claimed on material from U.S. Government sources.--ISSN 1089-1536


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--Last Update 09/27/16