Does the IRS Use Debt Collectors to Collect Back Taxes

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Close-up of IRS Form 1040 with 'Tax Due' note and stationery on a desk.
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The IRS does use debt collectors to collect back taxes, but not in the way you might think. The IRS has a program called the Private Collection Agency (PCA) program, which allows them to contract with private debt collection agencies to collect unpaid taxes.

One of the main reasons the IRS uses debt collectors is to free up resources to focus on more complex cases. The PCA program was created to help the IRS collect debts that are 180 days or older, which can be a significant burden on their resources.

The IRS is very specific about who they contract with to collect back taxes. They only work with private collection agencies that have been certified by the IRS and have a proven track record of success.

Explore further: What Is Irs Form 843

What the IRS Does

The IRS is a vital part of the US government, responsible for collecting taxes and enforcing tax laws. It's a massive organization with a vast array of tasks.

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The IRS employs over 80,000 people, including auditors, tax examiners, and tax collectors. They work out of over 500 offices across the country.

One of the primary functions of the IRS is to process tax returns, which involves reviewing and verifying the accuracy of tax filings. The IRS also collects tax payments from individuals and businesses.

The IRS has a sophisticated system for tracking down and collecting unpaid taxes, which includes sending letters and making phone calls to taxpayers. In some cases, they may even hire private debt collectors to help with this process.

The IRS is also responsible for enforcing tax laws, which includes investigating tax evasion and tax fraud. They work closely with other government agencies, such as the FBI and the Department of Justice, to pursue tax crimes.

Here's an interesting read: Does Irs Report to Credit Bureaus

The Process

The IRS uses collection agencies to collect back taxes, but they will always notify you first. You'll receive a letter (Notice CP40) and Publication 4518 before your account is transferred.

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The IRS will send you a Taxpayer Authentication Number to confirm your identity. Keep it safe, as it's used to verify your identity and the collector's legitimacy.

You'll also receive an initial contact letter from the private collection agency, which will include verification of your identity, details of your outstanding tax debt, and instructions on how to resolve the debt.

The private collection agency will follow up with phone calls to discuss payment options, which can include lump-sum payments, installment agreements, or offers in compromise.

You have the right to verify the debt under the Fair Debt Collection Practices Act (FDCPA). This means you can request verification of the debt, including the amount owed, the name of the original creditor, and a statement that the debt will be assumed valid unless disputed within 30 days.

To exercise this right, send a written request for debt verification within 30 days of the initial contact from the debt collector.

Here's a step-by-step overview of the process:

  1. The IRS sends an official CP40 notice informing you that your tax account has been assigned to a private collection agency.
  2. The IRS sends you Publication 4518, which explains what it means to have your account assigned to a collection agency and what you can expect.
  3. Then, and only then, your assigned collection agency will contact you, first by letter, then by phone.
  4. The duty of your assigned collection agency is to forward you to the IRS so you can work with them to resolve your tax burden.

Protecting Yourself

Happy woman with red hair holding an envelope for debt payoff.
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Dealing with IRS collections can be a daunting task, but with the right approach, it is possible to resolve your tax debt and regain financial stability.

The IRS has a process in place to handle tax debt and collections, and understanding this process can help you navigate it more effectively.

To protect yourself from aggressive debt collectors, you need to know your rights. You have the right to communicate with the IRS directly and resolve your tax debt without the involvement of a third-party collector.

Dealing with IRS collections can be a daunting task, but with the right approach, it is possible to resolve your tax debt and regain financial stability.

Scams and Concerns

In 2022, the IRS flagged $5.7 billion in tax fraud, with 8 million reports of suspicious activity. This highlights the importance of being cautious when dealing with tax-related issues.

Scam artists can easily pretend to be PCAs, so it's crucial to validate their identity before sharing any personal information. Never disclose personal info to someone randomly demanding payment over the phone, by email, or online.

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Here are the three collection agencies authorized by the IRS:

If you're unsure about a collection agency's legitimacy, remember that the IRS will only contact you by certified mail, never by phone or email.

Beware of Scams

Scams are becoming more and more sophisticated, making it harder to spot them. The IRS has been a target for scammers, and it's essential to be aware of the tactics they use.

Scammers can easily pretend to be private collection agencies (PCAs) since they aren't required to identify themselves as IRS contractors. In 2022, the IRS flagged $5.7 billion in tax fraud, and there were 8 million reports of suspicious activity.

If someone calls trying to collect a tax debt, be sure to validate that they are from one of the three collection agencies listed below.

Never disclose any personal information to someone randomly demanding payment over the phone, by email, or online. If you are unable to verify their identity or feel uncomfortable, don't engage with them. Instead, hang up and call the IRS directly at 800-829-1040.

Common Questions and Concerns

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If you're dealing with a private debt collector for your tax debt, you might wonder if you can opt out. The good news is that you can request to have your account returned to the IRS if you prefer not to work with a private collector.

To do this, you'll need to contact the assigned collection agency and make the request in writing. However, it's worth noting that assignment to a private collection agency is often a good thing, as they can't levy or take other enforced collection action against you.

These private collectors usually handle very old tax debts, and the collection statute will often expire when the tax case is in their hands. This can be a relief for many people.

If you're struggling to pay your tax debt, there are options available to you. You can consider setting up an installment agreement with manageable monthly payments, or negotiate a settlement with the IRS for less than the full amount owed.

Recommended read: Private Debt Collectors

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Alternatively, if you're facing financial hardship, you may qualify for "currently not collectible" status, which temporarily halts collection efforts. This can give you some breathing room while you get back on your feet.

Here are some options to consider if you're struggling to pay your tax debt:

  • Installment Agreement: Set up a payment plan with manageable monthly payments.
  • Offer in Compromise: Negotiate a settlement with the IRS for less than the full amount owed.
  • Currently Not Collectible Status: If you are facing financial hardship, you may qualify for this status, temporarily halting collection efforts.

If you suspect a scam, it's essential to verify the caller's identity by contacting the IRS or the collection agency using official contact information. Don't hesitate to report the scam to the Treasury Inspector General for Tax Administration (TIGTA) and the FTC.

Here's an interesting read: Portfolio Recovery Associates Scam

Background and History

In Dec. 2015, Congress passed the Fixing America's Surface Transportation Act, which included a provision requiring the IRS to use private collection agencies for collecting outstanding inactive tax receivables.

The program applies to any outstanding assessment that the IRS believes to be potentially collectible inventory, but excludes debts subject to installment programs, or if the taxpayer is deceased, under 18, in a designated combat zone, or the victim of tax-related identity theft.

For another approach, see: Irs 706 Requirements

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Consumers advocates raised concerns with the provision, warning about the use of private debt collectors in a letter sent to senators in July 2015.

The groups contended that the requirement to use private collectors would "needlessly expose taxpayers to abuses by the single most-complained about industry in the financial sector."

The Fixing America's Surface Transportation Act, also known as the FAST Act, was signed by President Barack Obama on Dec. 4, 2015.

Efficiency and Resources

The IRS uses private debt collectors because of efficiency and resource constraints. This means they don't have the manpower to handle the workload.

One of the main issues is resource limitations. The IRS simply doesn't have the staff or budget to handle the amount of unpaid taxes.

The backlog of unpaid taxes is a significant problem. It's estimated that there are millions of dollars in unpaid taxes that the IRS needs to collect.

The middle-class is often disproportionately affected by this issue. Many people who are struggling to make ends meet are unable to pay their taxes, leading to a cycle of debt and financial hardship.

The Debate

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The use of private debt collectors by the IRS has sparked a heated debate. One of the main concerns is that it may not be effective in collecting debts.

The effectiveness of private debt collectors is often questioned, and some argue that it may not be as fair as other methods. Many taxpayers are worried about the impact on their financial lives.

Private debt collectors are hired by the IRS to collect debts, but some argue that this can lead to unfair treatment of certain taxpayers. The focus is on collecting debts, rather than providing financial assistance.

The debate surrounding private debt collectors highlights the need for a more balanced approach. Taxpayers have the right to know how their debts are being handled and what options are available to them.

Here are some key concerns about private debt collectors:

  • Effectiveness vs. Fairness:
  • Impact on Taxpayers:
  • Financial Rights:

Taxpayer Rights

You have the right to fair treatment from private debt collectors. They must treat you with respect and refrain from using abusive language or threats.

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You can request that all communications be in writing rather than over the phone, which helps keep clear records and avoid misunderstandings. It's advisable to send a written request to the collection agency, stating your preference for written communication only.

Private debt collectors must adhere to privacy laws and cannot disclose your tax debt information to unauthorized third parties. Communication with third parties is generally limited to acquiring location information about you.

You have the right to verify the debt and request documentation from the collection agency. You can also request that all communications be in writing.

You can negotiate payment plans that suit your financial situation, including setting up installment agreements or discussing a possible reduction in the total amount owed through an offer in compromise. Communicate openly with the debt collector about your financial capabilities.

Here are your key communication rights:

  • Right to Fair Treatment: Private debt collectors must treat you with respect and refrain from using abusive language or threats.
  • Right to Request Written Communication: You can request that all communications be in writing rather than over the phone.
  • Right to Verify the Debt: You have the right to verify the debt and request documentation from the collection agency.

You have the right to dispute the debt if you believe it's incorrect. Disputes must be made in writing within 30 days of receiving the initial notice from the debt collector. Once a dispute is filed, the debt collector must cease collection efforts until the debt is verified.

A fresh viewpoint: Debt Collector

Frequently Asked Questions

Is the IRS enforcing collections?

Yes, the IRS may take enforced collection action if a taxpayer doesn't cooperate, including serving a notice of levy to attach income or assets. This action can affect bank accounts and other assets.

How long does IRS debt stay in collections?

The IRS has 10 years from the date of tax assessment to collect debt, after which it expires. This 10-year limit applies to each individual tax assessment, not the entire account.

Felicia Koss

Junior Writer

Felicia Koss is a rising star in the world of finance writing, with a keen eye for detail and a knack for breaking down complex topics into accessible, engaging pieces. Her articles have covered a range of topics, from retirement account loans to other financial matters that affect everyday people. With a focus on clarity and concision, Felicia's writing has helped readers make informed decisions about their financial futures.

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