Killer CP 297- Notice Of Intent To Levy and Notice Of Your Right To A Hearing

CP 297 - Notice Of Intent To Levy And Notice Of Your Right To A Hearing

The CP 297 is a notice that is sent by the Internal Revenue Service to inform the recipient that there is an outstanding balance due. Generally, the notice will be sent to you if you owe a certain amount to the Service and they have already asked you to make the payment. In the CP 297 notice, the Service will notify you about the balance amount that is due and they will also tell you about their intention to levy on your assets if you fail to pay the unpaid balance. It's an important notice explaining your legal rights to appeal. You can appeal the collection process with a CAP or CDP appeal. It's important to know what can be appealed and what can't. The collection appeal process has been abused in the past by taxpayers and their representatives who didn't have grounds for appeal, but just wanted to delay collection action. Call my office at 713-774-4467 if you need help.

If the IRS has not yet filed a Federal Tax Lien at the time of sending the CP 297 notice, then the Lien may come soon. Remember, the IRS does not have to file a lien to give them the right to take your money and fixed assets. The lien is a uniform commercial code required notice against third parties taking equity in real property of the taxpayer. In real estate, "the first one to the court house is the winner".

Enclosures With The CP 297

Some of the documents that will be sent along with the CP 297 are:

Collection Appeal Rights (Publication 1660)

What You Should Know About The IRS Collection Process (Publication 594)

Request for a Collection Due Process Hearing (Form 12153)

Generally, you will be asked to make the payment within thirty days of the date when the notice was printed and if you fail to respond, then the IRS will issue a levy. Usually they send it to parties of record that they know of. Usually people who have sent them a 1099 or W-2 or other third party payer document. If you still have unfiled returns, and or other balances that you owe, it's important to have an overall solution to resolve it, and not just pay the notice. If you want to resolve your whole IRS matter, then call us. We can pull the IRS's records and discuss with you how they see your situation. Then we can plan the best strategy for resolution. If you want to see how well the person handling your case is currently doing for you, or you want to handle it yourself, read the "free advice" tab on this site.

If you are considering hiring us, call Joe Mastriano, CPA 713-774-4467.

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