The IRS and Irrevocable Trusts
When you put your assets into an irrevocable trust, they no longer belong to you, the taxpayer (this is different from a revocable trust, where they do still belong to you). This means that generally, the IRS cannot touch your assets in an irrevocable trust.
The IRS may come after you any time you have an unpaid tax bill and you don't respond to demands for payment. Typically, the IRS only issues federal tax liens if you owe over $10,000, but the agency can take collection actions against taxpayers who owe less than that amount.
As you know, under section 6321, the FTL attaches to all the taxpayer's property and rights to property. Therefore, if the trust assets are the taxpayer's property, the FTL will attach. Where the settlor of a trust has or retains the right to revoke, the assets held in the trust are considered the settlor's property.
Establishing legal trusts: Though usually related to estate planning, trusts legally shift ownership of assets whenever you decide. This can help protect your assets from the government, as you will not own certain assets anymore.
Assets: A lien is applied to all of your assets, including your personal property, any securities, vehicles, and any future assets you acquire for the entire duration the lien is active. A lien on inherited property or soon-to-be inherited property can occur as well.
How much will the IRS settle for? The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.
If you are due a refund for withholding or estimated taxes, you must file your return to claim it within 3 years of the return due date. The same rule applies to a right to claim tax credits such as the Earned Income Credit.
The IRS has a limited window to collect unpaid taxes — which is generally 10 years from the date the tax debt was assessed. If the IRS cannot collect the full amount within this period, the remaining balance is forgiven. This is known as the "collection statute expiration date" (CSED).
Certain retirement accounts: While the IRS can levy some retirement accounts, such as IRAs and 401(k) plans, they generally cannot touch funds in retirement accounts that have specific legal protections, like certain pension plans and annuities.
“So, if your parents owed taxes in the sum of $30,000, then the IRS could sue to have $30,000 taken out of whatever inheritance you receive. “However, if your parents left you $10,000 in cash when they passed away, the IRS would seize the $10,000 and then the issue would be resolved.
Under California law, embezzling trust funds or property valued at $950 or less is a misdemeanor offense and is punishable by up to 6 months in county jail. If a trustee embezzles more than $950 from the trust, they can be charged with felony embezzlement, which carries a sentence of up to 3 years in jail.
With the new IRS rule, assets in an irrevocable trust are not part of the owner's taxable estate at their death and are not eligible for the fair market valuation when transferred to an heir. The 2023-2 rule doesn't give an heir the higher cost basis or fair market value of the inherited asset.
There is no statute of limitations on an IRS audit and a California tax audit in cases involving civil or criminal tax fraud.
The IRS generally has 10 years from the assessment date to collect unpaid taxes. The IRS can't extend this 10-year period unless the taxpayer agrees to extend the period as part of an installment agreement to pay tax debt or a court judgment allows the IRS to collect unpaid tax after the 10-year period.
Period of limitations that apply to income tax returns
Keep records for 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later, if you file a claim for credit or refund after you file your return.
For the 2022 tax year, the gross income threshold for filing taxes varies depending on your age, filing status, and dependents. Generally, the threshold ranges between $12,550 and $28,500. If your income falls below these amounts, you may not be required to file a tax return.
First Time Abate relief and unpaid tax
Example: You didn't fully pay your taxes in 2021 and got a notice with the balance due and penalty charges. You call us requesting penalty relief and we give you First Time Abate. We remove the penalty up to the date of your request.
6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.
The IRS minimum monthly payment is typically your total tax debt divided by 72 unless you specify a different amount. Short-term and long-term payment plans are available, depending on your debt amount and eligibility. Setting up a direct debit payment plan online is the most cost-effective option.
The IRS can take your inheritance if you owe back taxes. The reason is that once the executors transfer assets to you, they become part of your estate.
The IRS cannot seize certain items, such as unemployment benefits, certain annuity and pension benefits, disability payments, and workers' compensation, among others. Additionally, the IRS usually avoids seizing primary residences and prefers to target other assets.
Assets, such as, but not limited to, improvements such as buildings on trust land, vehicles, bank accounts, earnings, and fee simple land, owned by individuals, are subject to seizure, Federal Tax Liens, garnishments, and levies.