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Right to Privacy

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What is My ‘Right to Privacy?’

Much like the American Constitution’s Bill of Rights, the Taxpayer Bill of Rights also ensures that all processes must come through in a respectful and private manner. Taxpayers have a right to expect that any IRS investigation, examination, or enforcement action will be legal, will respect all due process rights, including protections against search and seizure, and will, if necessary, provide a collection due process hearing.

 

What to Expect

  1. The IRS is only permitted to levy (seize) a certain portion of your wages in order to recover the taxes you owe. Your wages are shielded from levy to a certain extent. The protected amount equates to the standard deduction, as well as any personal deductions as a result of exemptions.
  2. Personal belongings, including vital school supplies, clothing, undelivered mail, and particular amounts of furniture and domestic goods, cannot be seized by the IRS. Additionally, the IRS cannot seize your primary residence without a court order. It must also demonstrate that there is no feasible alternative to obtaining payment from you for the tax burden.
  3. If there is no convincing evidence that you have undisclosed income, the IRS ought to steer clear from seeking intrusive and unnecessary information about your lifestyle during an audit.

Quick Fact

When the IRS asks unnecessary questions, taxpayers have the right to respond appropriately. Here’s what typically happens in such situations:

  1. Taxpayers should carefully evaluate whether the question asked by the IRS is relevant to their tax situation or the issue being addressed.
  2. It can be helpful to seek professional advice from a tax attorney, enrolled agent, or certified public accountant (CPA) if you are unsure about the necessity or relevance of the IRS’s questions.
  3.  When responding to unnecessary questions, it is important to maintain a polite and clear communication style. Providing a well-reasoned response can help facilitate a productive dialogue with the IRS.
  4. It is crucial to keep thorough records of all communication with the IRS, including unnecessary questions asked and the taxpayer’s responses.
  5. Seek Resolution. If the issue persists or becomes more complex, taxpayers can explore options for dispute resolution, such as engaging the services of the IRS’s Taxpayer Advocate Service or filing a formal complaint.

There is so much more to know and expect about what the IRS is legally allowed (and/or not allowed) to do. Most taxpayers turn to the help of a professional to discuss these investigations and other procedures. Call 800-493-8308 to set up a FREE consultation with us now.

Frequently Asked Questions: Right to Challenge the IRS’s Position and Be Heard?

Resolution for this involves compensation for financial losses, stress, and/or other damages caused by the IRS.

A court may issue orders to regulate the IRS’ investigative powers when their practices are in violation of taxpayer rights.

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