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Specializing in IRS and NYS Tax Representation. Workers Compensation Audits, Payroll, Sales and Income Tax representation for Businesses, Individuals, Restaurants and Construction Companies. Civil and Criminal Workers Comp Audit representation includes: NYSIF Examinations, Premium Disputes, Employee Misclassification, Underreporting, Unreported Income, and Failure to Keep Accurate Payroll Records.

Tuesday, July 30, 2019

NYS Tax Department Doesn’t Want Taxpayers to be Represented by Lawyers and Accountants



On June 3rd 2019 the New York State Department of Taxation and Finance published a online article entitled “Resolve Your Tax Debt Directly with the Tax Department” subtitled “Taxpayers can save time and money by contacting a Tax Department representative themselves” 

Not surprisingly, the Tax Department is actively encouraging taxpayers to “work directly with New York State” without the aid of a tax attorney or accountant. 

The article invites taxpayers to call the State directly to: pay their balance in full; to set up a monthly payment plan, and to “discus their debt” with a State representative (who is in reality a Civil Enforcement Agent with the power to levy your bank account and garnish your wages). The article then quotes the Executive Deputy Commissioner of Taxation and Finance Andrew Morris, who says: “Taxpayers don’t need to hire outside help or enlist the services of a third party to settle their tax debt” and similar self-serving sentiments. 

But conspicuously absent from Mr. Morris’s lopsided observations are the many pitfalls that await these unsuspecting callers. For example, the State claims it will not levy certain exempt funds, e.g. Social Security, public assistancealimony, child supportunemployment, disability, workers compensationand pensions. Unfortunately they neglect to mention that there is no protection once these so-called “exempt funds” are deposited into a bank account. 

In fact the State can and will seize your entire bank account. And after your entire bank account has been seized the State frequently refuses to grant taxpayers so much as a partial release to pay for food, diapers, medication and health insurance. 

As for “payment plans” the State has 20 years to collect on tax debts - but that doesn’t stop them from demanding taxpayers make a “good faith deposit” and agree to full pay their debt in 24 to 36 months *This unnecessary time requirement is why the vast majority of taxpayer negotiated payment plans default. And when a taxpayer defaults (as most do) he or she is punished with even more levies and tougher payment terms. 

Lastly, taxpayers have rights that must be properly asserted within a prescribed period of time (known colloquially as the doctrine of “use it or lose it”).  And whether you like it or not, the State has no obligation to tell you your legal rights and possible options. Meaning, when the time to contest an erroneous tax liability expires, the debt becomes “fixed and final” and you're stuck with it. 

In conclusion, I suggest readers consider the severity of their debt and the likely consequences they will encounter before deciding to “go it alone”. 


We take a practical approach to problem solving and strive to obtain the best possible outcome for our clients.

Effective Tax Advocates we successfully resolve most IRS and New York State tax problems including suspended Drivers Licenses and Passports. We specialize in unpaid payroll, sales and income taxes and negotiate excellent installment agreements for businesses and individuals. To schedule a free consultation with a results driven Federal Tax Practitioner and Attorney please call us directly at (212) 974-3435.

Large Insurance Claims we settle insured property damage claims in the shortest amount of time and at the least cost to the policyholder and insurance company. Insurance litigation is costly and time consuming. Accordingly we provide policyholders and their insurance companies with a cost effective alternative to litigation. Commercial and residential insurance representation includes: Environmental Damage, Mold (removal & remediation) Fire, Business Interruption, Burglary, Vandalism, Windstorm and Water Damage.  

Trust Selig & Associates our offices are conveniently located in New York City and we meet with each and every client personally. To schedule a free legally privileged consultation with a Federal Tax Practitioner CPCU and Attorney please call us directly at (212) 974-3435.



  

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Selig & Associates is a boutique Tax Representation and Risk Management Firm specializing in unpaid tax obligations and commercial insurance coverage

  Tax Advocacy      Federal Tax Practitioner, CPCU and Attorney. Practicing before the Internal Revenue Service and New York State Departmen...