Uncle Sam: Your Worst
Creditor
John McKindles
January 2011
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In this downbeat economy, with record sustained unemployment, negative real
estate equity, a continuing wave of foreclosures, and politicians acting out a
Keystone Cops routine, more and more people find themselves robbing Peter to pay
Paul in trying to stay afloat financially.
If
you are struggling with dwindling assets and cash flow, it is more important
than ever to prioritize where your money goes especially in meeting your tax
obligations. Many people who are already in financial distress aggravate their
situation by responding to their urgent (but less important) obligations, such
as credit card debt, instead of keeping current with their income taxes (whether
with quarterly estimate vouchers or with their annual income tax return), in
hopes that they will be able to pay them with funds they expect to receive in
the future.
There
are at least two major flaws with this thinking: first, too often the
anticipated funds are not received (or, if they are received, they are then used
for whatever urgent need then exists); second, the IRS can be your worst
creditor. This article addresses the second issue.
Penalties
Unlike all other creditors, federal and state taxing authorities
can assess penalties on top of the interest that accrues on overdue amounts.
Penalties can include:
-
a 20% penalty for underestimating your income
tax liability; and
-
a 75% penalty if the IRS determines that you fraudulently failed to file a tax
return (15%/month up to five months), a 0.25% to 1% penalty per month up to
a 22.5% maximum for failure to timely pay, and a 25% penalty for a late
filed return (5% per month up to five months).
Further, interest accrues on the unpaid taxes, penalties and interest (interest
compounds daily on both taxes and penalties).
More
can be said about the horrific quagmire of unpaid taxes, but it should already
be clear that no other creditors can come close to applying the financial
pressure that the IRS can. The reason: Congress benefits from the IRS collecting
over $6 billion a year from penalties alone.
Exemptions
In a
previous article I detailed the exemptions from creditor collection
available in Arizona. In a bankruptcy context, each state has its own homestead
exemptions and the ability to opt for those exemptions over federal exemptions.
Unfortunately, there is a much shorter list of assets that are exempt from IRS tax
levies.
A
more detailed analysis will be the subject of a future article; for now, here is
a brief overview of assets that are exempt from IRS collection power:
-
Wages. The exemption is minimal, far
below the level that most families require to maintain a reasonable standard
of living.
-
Furniture, provisions and personal effects. Up to $6,250 (adjusted for
cost of living increases after 1999).
-
Books and tools of trade or business. Up to $3,125, once again
adjusted for cost of living increases after 1999.
-
Entitlements. Unemployment benefits and workers compensation are
exempt before they are paid to you, but fair game after they
are paid to you.
-
Annuities and Pension Plans. They are exempt only if payable by armed
forces or are railroad-related. Otherwise, once they are paid, they are
again fair game.
-
Residences. If the total of taxes, penalties and interest owed are
under $5,000, there is no levy; if over $5,000 (and that can accrue
quickly), the IRS can obtain federal judicial approval for a levy.
Pay Your Taxes First
As you prioritize payments to your creditors, strongly
consider payment of an IRS debt ahead of your other creditors, particularly if
they are unsecured. The tax man may not pursue you as quickly as other
creditors, but when he does, the results can be much more devastating.
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