Mississippi Tax Settlement Advice

October 17, 2011 by chrissmitley  
Filed under Tax Settlement

What Is A State and What is A Federal Tax Settlement?

A tax settlement is a program offered by the IRS or Internal Revenue Service at the Federal level with the aim of allowing taxpayers to settle their debt to the IRS or state tax liabilities.  These programs are generally available to taxpayers who are struggling with their tax liabilities and can show proof of valid reasons that the IRS should be compelled to abate the penalties concurrent with the tax debts or any other tax relief that may be available to the tax payer.

There are a variety of options for taxpayers, , depending on their unique financial circumstance. The IRS is after all mandated to collect taxes in full and on time, and for this reason, tax settlement may be said to be the exception and the rule is that taxes should be collected in full and in a timely manner.

How Does A Tax Settlement Typically Proceed?

The IRS will generally agree to a negotiated tax settlement where the tax payer is allowed to pay an amount which is lesser than the total amount due and collectible as shown by their specific tax calculator or come up with a method where the full collection of the total amount owed is stretched out over a time period well beyond its due date. In all cases, the taxpayer has the burden of proving that they meet the prerequisites set forth by the IRS or the state for that specific program that the taxpayer intends to avail.

The taxpayer will have to first research what programs are available to them, and then make a determination of which program  applies, and then finally  complete a variety of tax forms or IRS forms for the specific applicable program. Usually this process not only takes a lot of time but a lot of difficult work, with all too often less than satisfying final results.   Taxpayers will benefit from seeking the competent assistance of a licensed attorney with knowledge in this area.  A licensed attorney will offer clients a multitude of options, and offer the assurance of State licensure and ethics guidelines that non-attorney representatives often lack.  Make sure the professional you retain is licensed and reputable to avoid making a difficult situation even more difficult.

Why Do You Need A Tax Professional?

Tax professionals understand that taxpayers have different circumstances and  can offer a customized  plan for each taxpayer. If you are burdened by state taxes in Mississippi area or Federal IRS tax debts, a tax professional serving in the State of Mississippi can help you resolve your tax problems in the best possible way.

If you do nothing, your tax problems will not go away.  In fact, they will almost certainly escalate and spiral out of control.  The situation will not get resolved until you do something about it. Obtaining the assistance of a  reputable Mississippi tax relief company to facilitate tax resolution in any of the ways available to you may just be the best way to get out of a messy  situation. Don’t wait! Get your Mississippi tax settlement application processed by an licensed attorney now!

What is Bankruptcy in the United States? (Mississippi)

October 6, 2011 by admin  
Filed under Bankruptcy

What is Bankruptcy in the United States?

Bankruptcy in the United States is provided under the United States Constitution, specifically Article 1 of Section 8, Clause 4, authorizing Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States.”  Congress has implemented this mandate quite a number of times since 1801, with the adoption of the Bankruptcy Reform Act of 1978, codifying Title 11 of the United States Code, widely known as the Bankruptcy Code (“Code”).

The Code has undergone many amendments since 1978 with the more recent changes having a huge significant impact enacted in 2005 under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).  This amendment has changed the U.S. Bankruptcy law dramatically with the popular sentiment that this amendment has resulted in severe difficulty in filing bankruptcy.

Generally, bankruptcy is filed to obtain relief from debt, and this is accomplished either through a discharge of the debt or through a restructuring of the debt. A person or an entity who files bankruptcy is called a “debtor” in bankruptcy cases. Although bankruptcy cases are filed in United States Bankruptcy Court, however matters such as concerning the legitimacy of claims as well as exemptions, are frequently governed by State law. The State law of the debtor, therefore, is a major consideration in how to file bankruptcy cases. Generalizing bankruptcy laws across state lines is consequently impracticable. For example, Bankruptcy in Mississippi, provides that entities who file bankruptcy can only claim property exemptions given by Mississippi state law.

Entities or individuals seeking relief under the Bankruptcy Code may file a petition for relief under several different chapters of the Code, depending on their circumstances. There are six categories of bankruptcy under the Bankruptcy Code, found in Title 11 of the United States Code. These types of bankruptcies are better known by their chapter number such as  “Chapter 7”,  Chapter 11”, and Chapter 13”. Among the different bankruptcies, chapters 7 and 13 are by far the most commonly filed bankruptcy cases in the United States.

Chapter 7 bankruptcy is also known as liquidation or straight bankruptcy and is the simplest and quickest form of bankruptcy available for individuals as well as business entities. Liquidation involves the appointment of a person designated as the trustee who is tasked to collect the so called non-exempt properties of the debtor, offer it for sale and then distributes the proceeds to the creditors. Because of the fact that each state permits the debtor to retain essential properties, most Chapter 7 cases results in a scenario that there are not enough non-exempt assets to distribute to creditors.

Chapter 13 bankruptcy or “Wage Earner Bankruptcy” on the other hand, involves a rehabilitation of finances for debtors with regular source of income which requires a payment plan to repay all or part of their debts.

Individuals and entities in trouble with excessive debt and facing possibility of going bankrupt may find relief in filing Bankruptcy. Coming to a decision to file bankruptcy is a very important matter that should be discussed with a Mississippi bankruptcy attorney who is well versed about bankruptcy as well as how to bankruptcy. After all, Bankruptcy laws are enacted to facilitate a fresh start by affording relief from the saddle of  devastating debt.