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Currently Non Collectible (CNC)
If you owe IRS back taxes & the IRS determines you can’t pay any of your tax debt, the IRS may place your account into currently non collectible status.When the account is placed in CNC status, it does not mean the the debt is gone, it simply means the taxpayer currently does not have the ability to pay the amount owed to the IRS.
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FIND OUTWhat is Currently Non Collectible Status?
If you owe IRS back taxes & the IRS determines you can’t pay any of your tax debt, the IRS may place your account into currently non collectible status.When the account is placed in CNC status, it does not mean the the debt is gone, it simply means the taxpayer currently does not have the ability to pay the amount owed to the IRS. An account may be placed in CNC if the taxpayer demonstrates a financial hardship. Once the account is placed on the CNC status, it temporarily suspends all IRS enforcement actions including phone calls, notice letters , administrative levies & litigation notices towards the taxpayer. The account can be designated by the IRS as currently non collectible as either short term or long term.
How is an account placed in CNC status?
CNC status is also known as hardship status.Hardship status is determined if the taxpayer is unable to pay basic living expenses.Basic living expenses are housing, utility, food, clothing, health & transportation expenses mainly the expenditures necessary for basic daily living and maintaining good health. Based on this information submitted to the IRS on Form 433F & Form 433ACollection Information Statement for Wage Earners and Self-Employed Individuals, the IRS makes a determination if the account is eligible for the CNC status.
If the IRS determines based on the information provided on Form 433F or Form 433A , that there is considerable cash flow after taking into account basic living expenses of the taxpayer the CNC is not approved . On the other hand after accounting for all basic living expenses of the taxpayer there is minimal cash flow left for the satisfying the tax liability the CNC can get approved. All sources of income are accounted for such as :
- Earnings
- Distributions
- Interest & Dividend Income
- Schedule C Income
- Schedule F Income
- All kinds of Property & Investment Income
If there is positive cash flow then total positive income is then compared against both national & local standards which is divided into following groups
National Standards – Food , Clothing & Other Items
National Standards have been established for five necessary expenses: food, housekeeping supplies, apparel and services, personal care products and services, and miscellaneous expenses. For instance : current national standards deduction is $727 for an individual & upto $1786 for a family of four, for each additional person an additional deduction of $420 is allowed. For more information click here
National Standards – Out Of Pocket Healthcare Expenses
Out-of-Pocket Health Care standards have been established for out-of-pocket health care expenses including medical services, prescription drugs, and medical supplies (e.g. eyeglasses, contact lenses, etc.) . For instance : out-of-pocket health care standard amount is allowed in addition to the amount taxpayers pay for health insurance for under the age 65 is $55 and over 65 is $114. For more information click here
Local Standards – Housing & Utilities
Housing and utilities standards include mortgage or rent, property taxes, interest, insurance, maintenance, repairs, gas, electric, water, heating oil, garbage collection, residential telephone service, cell phone service, cable television, and Internet service. These expenses can vary from state to state according to the IRS .
Local Standards – Transportation
The transportation standards for taxpayers with a vehicle consist of two parts: nationwide figures for monthly loan or lease payments referred to as ownership costs, and additional amounts for monthly operating costs. The operating costs include maintenance, repairs, insurance, fuel, registrations, licenses, inspections, parking and tolls (These standard amounts do not include personal property taxes). For more information click here.
Qualifying factors for CNC
Taxpayer & Business may qualify for CNC status for one of the following reasons :
- The taxpayer is unable to meet ordinary & necessary living expenses
- Death of the taxpayer with no collection potential from the estate
- Inability to locate the taxpayer or the assets
- Complete or partial expiration of the statue of collection period
- Corporations, certain limited liability partnerships (LLP), exempt organizations, or LLCs, where the LLC is identified as the liable taxpayer, which are inactive and defunct with no assets
Is CNC a temporary or permanent relief?
Once the account has been placed on Currently Non Collectible (CNC) status , it is worth noting that this is not a permanent tax relief option. The IRS will temporarily halt all kinds of collection activities towards the taxpayer until the account is in CNC status. CNC can be either short term or long term but in simple terms this is deferral of tax debt until the taxpayer has the ability to pay again. Taxpayers should remember the downside :
- Penalties & Interest keep accruing during the CNC period
- The IRS may hold any refund you are entitled to for the payment of tax debt during CNC period
- The Notice of Federal Tax Lien can be filed against your property which shows up on your credit reports and puts other creditors on notice about your outstanding balance to the IRS.
Cons of a CNC Status
While the account is in CNC status here are some of the things the taxpayers should know.
- Temporary suspension of phone calls & collection activities ( by the IRS)
- Release of Wage Levy
- Deferral of tax debt
CNC essentially gives taxpayers little breathing room while the taxpayer figures out how to streamline their finances. Also the IRS may review your financial condition periodically and if it is evident from the annual tax return filing that there is an increase in taxpayer’s total positive income (TPI) the IRS may cease the CNC status. In the event CNC ceases, IRS may require new supporting documentation for the reactivation of CNC status.
How we can help
As is evident from the information above that there are pros & cons of filing for CNC. This may not always be the best possible resolution in all cases while it may work for some for some. Allay Tax can help you determine if this can work in your favor. Remember you are not alone in handling your tax issues and we can assist you in making your life debt free.
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Reach out to us for a free consultation. Our tax experts can help you determine the best service to get relief from your debt.