IRS Collections

What Is the Statute of Limitations to Collect Back Taxes?

The IRS is working with taxpayers to help them settle their tax debt. The statute of limitations on back taxes helps rid people of tax debts by placing a time limit on when the IRS can seek payment on a debt. After that time is up, the IRS can no longer attempt to settle the debt.

Does the IRS forgive tax debt after 10 years?

Yes, the statute of limitations on tax debt is ten years, beginning from the initial tax assessment. At the end of ten years the person is completely free of the debt.

Can the Statute of Limitations be extended?

There are some stipulations that can make those ten years spread out to an even longer period of time. Here are some reasons you may have an extended tax statute of limitations:

  • If you agree to an extension, your statute is placed on hold until that extension time is up.
  • If you file bankruptcy, your statute is placed on hold until six months after the bankruptcy and court proceedings have been finished.
  • If you leave the country for at least six months, the statute is placed on hold until you decide to return.
  • If you are making payment installment arrangements or request innocent spouse relief, the statute is placed on hold until the final decisions are made.

Also, in the case of civil tax fraud or evasion, the IRS can go back as far as it wants–the statute of limitations doesn’t apply. They must get you to agree to any extensions or payment installment set up before they can continue to pursue you, and you will have to sign a waiver. Before you sign, be sure you understand what it is you are signing!

Why does the Statute of Limitations Exist?

The statute of limitations was put into place to give people a much-deserved break, and a chance to be free from tax debt. It is important to know if it will benefit you and your current situation, before signing any documents or agreeing to an installment plan.

Optima Tax Relief professionals provide a range of comprehensive service for your tax issues. Book a consultation with us today to learn more about how we can help you.

What Does IRS Code 9001 Mean?

There are still many IRS terms and codes that are a mystery to the average taxpayer. Tax terms can be confusing, whether you’re a first-time tax filer or have been filing tax returns for years. IRS Code 9001 is a common error code, but many people don’t know what it means. We’ll explore what the IRS Error Code 9001 is, and how to avoid it.

IRS Code 9001

You filed your federal income tax return a while ago and you are expecting a refund. You can check the status of your return and your refund check (for paper returns) or direct deposit (for electronic returns) at the IRS.gov website. The “Where’s My Refund?” portal also provides an estimate of when you should expect your refund.

If you receive an error code such as IRS Code 9001 when you check the status of your return, you may worry that your return has been flagged for an audit. Relax. In fact, IRS Code 9001 is one of an entire set of codes that are included within the Internal Revenue Manual, or IRM, which is the set of guidelines used by the IRS. This is not an audit flag, but rather an error code generated when taxpayers attempt to access return or refund results using the wrong Social Security number or TIN.

Where’s My Refund?

The IRS established the “Where’s My Refund?” portal to allow taxpayers to check the status of their federal income tax return and refund. To access the portal you need three pieces of information: your Social Security Number or Taxpayer Identification Number (TIN), your filing status and amount of the refund that you are expecting. This refund amount should be listed in whole dollars and must match the amount listed on your tax forms exactly.

Taxpayer Identification Number (TIN)

Most taxpayers include a Social Security number on their tax returns. But certain taxpayers, such as resident and nonresident aliens, are not eligible to get one. The Taxpayer Identification Number (TIN) is designed to allow individuals to file federal and state income tax returns, without an SSN.

How To Fix a IRS Error Code 9001

In most instances, when you check the status of your return on the “Where’s My Refund?” portal, you will receive a message stating that your return is being processed or that your refund is on its way. Occasionally, you may receive one or more error codes, including IRS Code 9001: “Taxpayer accessed Refund Status using a secondary TIN. Refund Status could not be returned. Get a Primary TIN Analyze account and follow appropriate IRM.” The fix is simple – enter the proper Social Security number or TIN into the “Where’s My Refund?” portal. If you still receive error messages, contact the IRS or an expert such as an attorney with Optima Tax Relieve for further assistance.

Wondering where your tax refund is? Read our dedicated blog to learn more. If you need tax help, contact us for a free consultation.

I Just Moved. How do I File Taxes in Multiple States?

Optima Tax Relief provides assistance to individuals struggling with unmanageable IRS tax burdens. To assess your tax situation and determine if you qualify for tax relief, contact us for a free consultation.

If you’ve moved within the last year, you may have questions on how to prepare your tax return and how you should file in the current state you live in or the state you moved from. It’s also important to know if you will need to file multiple tax returns depending on whether or not the state you moved to has an income tax. 

It can be confusing to know how you should file and how many tax returns you need to prepare. Here are a few answers to some questions that you may have:

Filing part-year resident tax returns

A part-year resident tax return will be filed for the year of your move. Taxpayers don’t have to worry about paying double the state tax since most states don’t tax the income earned in the other state.

If income was earned through interest or dividends that were paid during the year, a taxpayer will need to divide that in accordance with the number of days spent at each location. 

Reporting income earned in some states

Some states require that all your income for the year is reported if you are a resident in that state at the end of the year. There’s also no need to worry about having to pay double the state tax on your income if you have to report some of the income you earned to the previous state that you lived in. On the tax return for your new state, you can claim a tax credit to your old state on the same income. The tax credit will offset any additional tax on the income that you reported to both states.

If you need tax help, contact us for a free consultation.

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Tax Tips: How to Get a Copy of Your IRS Transcript

Getting a copy of your IRS transcript is easy and can be done entirely via the IRS.gov website. Follow these simple steps to retrieve your tax transcript.

Keep in mind that only transcripts for filed taxes are available. For example, if you did not file in 2003, there won’t be a tax transcript for that year. Also, if the IRS has not finished with your taxes, the transcript will not be available until they have completed those taxes.

What is an IRS Transcript used for?

IRS transcripts are typically used to validate past income and to prove income to lenders. They are often used to determine status for mortgage, student, and small business loan applications and help with tax preparation.

How to get your IRS Transcript Online

  1. Visit the IRS website at IRS.gov.
  2. Look under the Tools tab that is part way down the web page. Click: Get transcript for your tax records.
  3. Once you reach the transcript page, you can request to get them by mail or continue getting them online by clicking on the box to the left, Get transcript online.
  4. If you have gotten transcripts before, you can sign in. If not, you will need to click on the right side to create an account: Sign up.
  5. Complete the sign up process and log in.
  6. The next page will show a drop-down menu and ask why you need the transcript. Choose the answer that best fits your needs and continue. They ask you what you need it for so they can help you pick the right transcript.
  7. The next page lists all your transcripts, in four different categories for all the years you filed. These include Tax Return Transcript, Record of Account Transcript, Account Transcript, and Wage and Income Transcript.
  8. Select the transcript you need for the right year.
  9. The site will automatically generate a PDF file of your transcript. Print it and save it.
  10. Log out completely or close the browser when you are finished.

Make sure your pop-up blocker is off for the IRS site. It can cause errors when trying to retrieve your transcripts. If you chose mail, allow 5 to 10 business days for them to arrive before requesting another.

If you have problems navigating the website, you can contact the IRS for further assistance at 1-800-829-1040. For further assistance or help with a different tax issue, contact Optima Tax Relief. Optima Tax Relief offers a comprehensive range of tax relief services. Schedule a consultation with one of our professionals today.

I Didn’t Pay my Tax Balance by July 15. Now What?

Optima Tax Relief provides assistance to individuals struggling with unmanageable IRS tax burdens. To assess your tax situation and determine if you qualify for tax relief, contact us for a free consultation.

If you missed the tax deadline this year and aren’t sure what to do next, don’t worry.  There’s still time for you to file your tax return and avoid having the IRS come after you for a failure to file or for having any remaining balance owed after filing your tax return. 

Here are some after-tax-day tips you should follow:

  1. File ASAP to avoid additional interest and penalties. For those who filed their taxes before the tax deadline and received a refund, they will not have to deal with the IRS charging additional fees against them. If you have filed after the deadline, the IRS will place penalties and interest against you until the tax return has been filed. Taxpayers can request an extension up until the October deadline, but  it is important to keep in mind that interest will still accrue even if an extension is filed.

A 5% failure to file a penalty is applied to those who fail to file or file a return late. If a return is filed more than 60 days late, the minimum penalty is either $435 or100% of the unpaid tax, whichever is less. The basic failure-to-pay penalty rate is generally 0.5% of unpaid tax for each month or part of a month.

  • File to get a tax refund. The only way to receive your tax refund is to file your taxes. There typically is no penalty for filing after the tax deadline if a refund is due. The IRS strongly recommends taxpayers electronically file their taxes since there will be delays this year for those who file their paper return. 
  • File your taxes electronically. Taxpayers who owe a tax balance will be able to pay off their liability through the IRS’s website by debit or credit card. If you are unable to pay off your tax balance in full, the IRS has an option to go on a payment plan. With Direct Pay and Electronic Federal Tax Payment Systems, it can make it easier and much more efficient for taxpayers to file their taxes and pay off any balances they may owe.

If you need tax help, contact us for a free consultation.

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IRS Increasing Focus on Taxpayers Who Have Not Filed Tax Return

Optima Tax Relief provides assistance to individuals struggling with unmanageable IRS tax burdens. To assess your tax situation and determine if you qualify for tax relief, contact us for a free consultation.

It is expected that the IRS will visit more taxpayers who have yet to file their past tax years in an effort to increase tax compliance and enforce the law. The IRS is also looking into tax data, researching new compliance methods, and including increasing in-person visits to taxpayers who are in collections or out of compliance.

The IRS’s main goal is to bring delinquent taxpayers into compliance by filing all unfiled past tax years as well as assisting with any pending payment obligations taxpayers may still have with the IRS. The IRS wants to further promote compliance by also using the following systems:

  1. Increase Identification and cases for individuals and business non-filers. The IRS will look into assigning new cases to IRS employees to ensure those assist those who have yet to file their past tax years.
  • Automated Substitute for Return program (ASFR). Individual taxpayers who have multiple unfiled years as well as a tax liability possibly tied to these years will receive notices alerting them to tax years that need to be filed as well as any potential tax liability they may owe.
  • Automated 6020(b) process. Promotes employment tax filing by identifying business taxpayers with employment requirements who have yet to have filed for a specific tax period. The IRS will be making greater efforts to ensure that businesses comply with both tax filing and payment requirements.
  • Delinquent Return Refund Hold Program (DRRH).  A taxpayer’s refund will be held if the IRS finds that the individual has at least one unfiled tax return within the last five years.

Many non-filers are owed tax refunds but are unable to receive them because of past tax years that still need to be filed. The IRS strongly recommends filing any unfiled years to ensure they receive any future tax refunds. 

For taxpayers who haven’t filed in previous years, the IRS has current and prior year tax forms and instructions available on the IRS.gov Forms and Publications page or by calling toll-free 800-TAX-FORM (800-829-3676).

If you need tax help, contact us for a free consultation.

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What are the Common IRS Audit Triggers?

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.Two words that strike anxiety into even the most honest taxpayer? Tax audit. In reality, the odds of being audited by the IRS are slim. While the IRS is diligent about collecting the revenues which it is owed, the old days of the IRS driving honest taxpayers and their families to financial ruin are largely a thing of the past.

Related article: 5 Steps to Surviving an IRS Audit

Nonetheless, many taxpayers wish to eliminate even the remote chance that they will face an IRS audit. While there is no absolute guarantee that you will avoid an audit, steering clear of these dozen common IRS audit triggers will place the odds firmly in your favor.

Common IRS Triggers

Too Much Income

Just like old-time bank robbers, the IRS is more likely to target high-income taxpayers because they are more likely to have financial resources that can be collected. But this doesn’t mean that you should make less money to avoid an IRS audit. It does mean that if you are a high net worth individual, you should be extra diligent about record-keeping to avoid triggering an audit

Too Little Income

Low-wage workers are not necessarily targets for tax audits by the IRS. But taxpayers who report incomes far below what others in their profession earn might raise flags and audit triggers. For instance, physicians who report less than high five-figure incomes may raise suspicion, unless they work in areas of extreme poverty.

Unreported Income

This is a no-brainer. The IRS receives notification of income for wage earners from Form W-2. Non-wage income is reported on form 1099. It really isn’t very smart to underreport your income. Of course, if you have legitimate deductions and tax credits that reduce your adjusted gross income, that’s fine. Just be prepared to verify the tax breaks that you claim in case the IRS inquires.

Rounded Numbers

Did you really make exactly $50,000 last year? If so, be ready to prove it to the IRS. Otherwise, don’t round or average numbers, because doing so sends a signal to the IRS that the rest of your return might be less than accurate. Discrepancies between State and Federal Returns Get this one wrong and you may wind up with double trouble: inquiries from Uncle Sam and from your state. Plain and simple, the income that you report to the IRS must match the income that you report to the state. Of course, deductions can and often do differ between the federal government and the state, so differences there are fine.

Unexplained Variations in Income

Your income jumps after you graduate from college and get a great job. Or you lose your job and spend a year searching for a new job. Those kinds of variations don’t generally raise red flags with the IRS. Likewise, self-employed workers need not lie awake nights worrying that their fluctuating income might trigger an audit. But regular wage workers who stay on the job with a single employer tend to have fairly steady wages. Reporting otherwise without supporting documentation may well trigger an audit. Related article: 10 Tax Preparation Tips For The Self Employed

Unusually Large Losses

If your house burned down last year, claim the full amount of your losses. Likewise, if your retirement fund was severely affected by a dip in the stock market or by other factors, go ahead and report the decline. But have documentation ready to back up your claim. Don’t claim you have unusually large losses if you don’t have paperwork to prove it.

Larger-than-Average Deductions

Charitable deductions that are out of proportion with your income are a red flag for the IRS. Likewise, self-employed workers who earn much more from their clients or customers than they report in income on Schedule C should brace themselves. If you really are giving away a large proportion of your net worth, keep meticulous records of your gifts and their net worth. Entrepreneurs who record large capital investments in a single year should maintain invoices and other documentation to explain where so much of their income went.

Home Office Deductions

If you’ve been working from home during the COVID-19 pandemic, then you may qualify for a home office deduction. In the 2013 tax year, the IRS instituted a much simpler means of claiming the home office deduction. In order to qualify for this deduction, a taxpayer must have a dedicated area in their home that is exclusively used for conducting business on a regular basis. The office in a home must serve as the taxpayer’s principal place of business and must not overlap with any other outside activities. (IRS.gov)

Sloppy or Incomplete Returns

The IRS makes it really easy to e-file your income tax returns, and for the majority of taxpayers, e-filing is free. You should take advantage of this convenience. E-filing features double-checking capabilities that minimize common mistakes. Placing entries on the wrong line or skipping important entries altogether is rare when e-filed. You also receive a timely alert when the IRS accepts your return and you receive any refunds that you are due in days or weeks, rather than months.

Adoption Tax Credit

The IRS provides a generous credit for adoption. For 2019, the credit is up to $14,080 per child, for up to 3 children. Qualified adoption expenses can be placed on a tax return if they are a reasonable and necessary adoption fees, court costs and attorney fees, traveling expenses and other expenses that are directly related to and for the principal purpose of the legal adoption of an eligible child.

Straight Up Tax Scams

You should not refrain from claiming any of the tax credits or deductions listed above out of fear of being audited. There is no reason not to claim every tax break to which you are legitimately entitled. But frivolous claims such as paying income tax is voluntary or that federal income taxes are unconstitutional are a fast track to an IRS audit. Likewise, unscrupulous tax preparers that jack up your refund with questionable tax credits and deductions should raise major red flags for you, not to mention the IRS.

Need some tax relief assistance? Optima Tax Relief offers a comprehensive range of services. Schedule a consultation with one of our tax professionals today to receive expert advice.

Can Retirement Contributions Impact your Tax Bill?

Optima Tax Relief provides assistance to individuals struggling with unmanageable IRS tax burdens. To assess your tax situation and determine if you qualify for tax relief, contact us for a free consultation

Retirement plans were created in order to provide employees with additional savings to put aside \ for retirement. Whether you’re choosing between a tax-deferred 401(k) or a Roth 401(k), both plans can help you build financial security.

Here are some of the tax benefits and implications you could face with a 401(k):

Tax-deferred 401(k)s reduce the total amount of taxable income. A tax deferred 401(k) allows you to save taxes on the earning of your contributions. This does not mean that you are completely exempt from paying taxes. When you withdraw your earnings, you should expect to pay taxes on the amount you took out. 

When you retire, your income will inevitably decrease, meaning that you will be in a lower tax bracket compared to when you were employed. The money that you take from your 401(k) will be taxed at a lower rate. 

  • Withdrawing early from your 401(k) can lead to a 10% early withdrawal penalty.
  • The IRS allows taxpayers to withdraw without penalty at age 59 ½.

Roth 401(k)s lower post retirement taxes. Earnings for a Roth aren’t taxable unless:

  • You’re 59 ½.
  • You’ve had an account for five years.

Contributions to a Roth 401(k) don’t affect your taxable income that is deducted from your paycheck. The funds are removed after taxes, not before, meaning you are paying taxes as you contribute to your retirement fund. This means that when withdrawing the funds, you may not need to pay taxes. 

Tax benefits are typically based on the total amount of income that is earned and the filing status you use on your taxes. Contributions made to a qualified 401(k) could reduce your tax bill through the Saver’s Credit. This credit can reduce your taxable income based on the percentage you put into your 401(k).

If you need tax help, contact us for a free consultation.

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Do You Need a Tax Relief Lawyer?

The IRS is always prepared, shouldn’t you be as well? Do you need a tax relief lawyer?

Yes, absolutely.

This is a blog for a tax relief company with a small army of tax lawyers, so that’s what we’re paid to say, right? Well, yes, but it doesn’t make it any less true.

Benefits of Using a Tax Relief Lawyer: True Stories

A tax relief lawyer is a wise decision. In January, 2014, Forbes reported that Beanie Beans founder Ty Werner was convicted of evading $5.5 million dollars in taxes owed on the $27 million in interest accrued from millions of dollars stashed away in a Swiss bank account. The sentence? Two years on probation and some hefty fines, which were small change for a billionaire like Werner.

Unrelated, and a couple of months earlier, Daniel Thody, a defense contractor was found guilty to five counts of tax evasion for failing to report $15,000 and $50,000 in taxes from $1.8 million earned as a contractor for the Department of Defense. He faces up to 25 years in prison, 5 years for each count.

Which one do you think hired a tax relief lawyer and which one thought representing himself would be the smarter option? The old adage that he who represents himself has a fool for a client may be a cliché, but that doesn’t make it any less true either.

We’ve already shared the 10 benefits of working with a tax relief firm, but here are a few good reasons you should lawyer up when dealing with the IRS.

What Can a Tax Attorney Do For You?

A tax attorney will ensure that you are treated better. It’s unfair, even illegal, but it’s also human nature. IRS agents are flesh and blood and if they can get away with bullying someone into their interpretation of the law, they probably will. A tax lawyer can ensure the IRS is playing by the rules and treating you fairly. IRS investigators are much more careful about asking inappropriate questions or wasting your time with unnecessary requirements if they know they are dealing with a tax attorney.

That was the finding of an investigation into nine groups in Ohio and Kentucky that sought nonprofit status. Organizations that didn’t have legal representation were more likely to have their applications stalled and receive inappropriate or unnecessary questions from the IRS.

You don’t have to worry about an IRS agent getting upset with you for hiring a tax relief lawyer either. The good ones prefer dealing with tax professionals because they don’t have to waste their time and patience explaining to you the ABCs of a tax audit or the basic IRS guidelines for a criminal investigation. In fact, hiring an experienced tax relief lawyer is generally seen as a sign of good faith to resolve your tax issues.

A few bad eggs may resent you hiring a lawyer and try to dissuade from doing so, but that’s when you really need a lawyer in your corner. The IRS’s own Declaration of Taxpayer Rights clearly states that “If you are in an interview and ask to consult such a person [a lawyer, agent or accountant], then we must stop and reschedule the interview in most cases.” Be suspicious if an IRS agent prefers not to deal with a tax professional.

Can the IRS See My Foreign Bank Account?

The IRS is a behemoth of an agency, one of the most powerful organizations on the planet. From 2008 through to 2014, over 50 bankers from Switzerland, India, Israel and other countries have been indicted for helping rich Americans squirrel billions of dollars into offshore accounts.

In 2013, the IRS also cracked the code of silence of Swiss financial institutions and got UBS, the largest Swiss Bank, to divulge confidential information on American tax evaders, and pay a $780 million penalty.

Even the IRS Thinks You Need a Tax Lawyer

The Taxpayer Advocate Service is an independent organization within the IRS which has the job of ensuring that you are treated fairly and helping you resolve problems with the IRS. Although it’s unlikely a Taxpayer Advocate Service lawyer will protect your interests quite as aggressively as a regular tax attorney, they are better than nothing, if you can’t afford to pay one.

If money is an issue, there is another option: Low Income Taxpayer Clinics. Although these clinics are partially funded by the IRS, they are completely independent and are operated by nonprofit organizations and academic institutions.

Only a Tax Attorney Can Represent You in a Criminal Investigation

Certified Public Accountants are great. When it comes to tax planning, business budgeting and asset management, a CPA is – all things being equal – more useful than a tax attorney is. But when you have a dispute with the IRS, especially if you’re accused of tax fraud or tax evasion, a tax relief lawyer is the only intelligent choice. Tax attorneys are the only ones who can represent you in a court of law and provide you the legal advice and analysis you need.

If that is not reason enough, I have two and a half words for you: attorney-client privilege. Unlike CPAs and accountants, attorneys cannot be subpoenaed to testify against a client in a criminal procedure.

Is it Worth it to Hire a Tax Attorney?

Does this mean you need a tax lawyer every time you get a letter from the IRS? No, of course not. You can probably deal with small mistakes and omissions by yourself or by giving your tax preparer a quick call. However, if there is any chance your case could go sour, you need to call a qualified and experienced tax attorney, and pronto. A good rule of thumb is that if you’re asking yourself whether it’s serious enough to merit calling a lawyer, it probably is.

A quick consultation call with a tax lawyer can save you thousands of dollars in unnecessary legal fees you could have avoided by not procrastinating. Tax lawyers know how IRS attorney think, many tax attorneys worked as IRS attorneys before hanging their own shingle. So, they know what to say, what not to say, and what buttons to push when negotiating your case.

Hiring a lawyer sends the IRS a clear and powerful message. You’re taking the investigation seriously; you’re not going to let IRS agents push you around; and you want to work with the IRS to avoid criminal charges.

The bottom line is that the IRS is scary enough when you have a first-rate lawyer at your side. So hire one already. Need to hire a tax relief lawyer? Our tax professionals at Optima Tax Relief are here to help.

You Received an IRS Notice, Now What?

Optima Tax Relief provides assistance to individuals struggling with unmanageable IRS tax burdens. To assess your tax situation and determine if you qualify for tax relief, contact us for a free consultation.

  • The IRS will send a notice regarding the debt as well as the penalties and interest that have also accrued in addition to your balance.
  • Failing to provide all relevant information on your tax return could result in you receiving a certified letter from the IRS notifying you that information was missing.  

For those that have already filed their taxes, they may think that tax season no longer affects them but that may not necessarily be true. Some taxpayers may receive a certified letter in the mail from the IRS after filing their tax return notifying them of a balance due or that some information was missing on their tax return. If you’ve received a notice from the IRS, don’t panic, there are options available to you that the IRS offers.

You owe a tax balance.

If you’ve already filed your taxes and owed a tax balance that you have yet to pay off, the IRS will send a notice regarding the debt as well as the penalties and interest that have accrued in addition to your balance. For those taxpayers who are unable to pay their tax liability in full, the IRS offers installment payments that can be made over a period of time in order to satisfy your debt. The IRS will typically present you with a payment plan based on the income that was provided on your tax return. If your income has changed or you are unable to afford the payment plan that was presented to you, it is recommended that you consult with a tax professional to see what additional options you may have. 

Information is missing on your tax return. 

Failing to provide all relevant information on your tax return could result in you receiving a certified letter from the IRS notifying you that information was missing and they need further assistance from you in order to process your return. Typically this letter is sent to taxpayers who have failed to provide all forms of income on their return and will need to submit additional proof to avoid the IRS looking further into the situation. 

Identity theft has caused your tax return to be rejected.

The IRS will notify a taxpayer if they believe that there may be fraudulent activity occurring on their tax return. The IRS will send a letter to you inquiring about a suspicious tax return that you may have not filed. The IRS will request that you do not e-file your return because of the duplicate social security number that was used. Act quickly should you receive this letter from the IRS to avoid further fraudulent activity with your personal information. 

If you need tax help, contact us for a free consultation.

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