Knowing Your Rights As a Taxpayer

Did you know that just like the Bill of Rights for the U.S. Constitution, the IRS also has a Bill of Rights for taxpayers? These are laws that outline the fundamental rights of every taxpayer and ensure that the American tax system remains fair and just.


Understanding your rights is essential, not just for tax filing purposes but also for dealing with tax debt and the IRS.


What Is Outlined in The Taxpayer Bill of Rights?

The Taxpayer Bill of Rights is made up of 10 different laws that are designed to protect taxpayers and give them the opportunity for recourse in the event that back taxes are owed.  The rights are as follows:


The Right to Be Informed – Taxpayers need clear instructions and expectations in order to pay their taxes 


The Right to Quality Service – Just because the IRS is a government agency does not mean they have the right to bully or mistreat you when you are working to resolve an issue or have questions.


The Right to Pay No More than the Correct Amount of Tax – Taxpayers do not have to pay more than what is legally due. If you believe you have paid more than what is due, you may file a refund.


The Right to Challenge the IRS’s Position and Be Heard – Some IRS documents do not have to be accepted at face value. You are allowed to respond to their claims with documentation or evidence and they are required to follow through with reviewing and replying.


The Right to Appeal an IRS Decision in an Independent Forum – Taxpayers have the right to an impartial appeal against tax penalties and IRS decisions and to take the matter to court.


The Right to Finality – The IRS must provide specific dates and timeframes for filing, responding to inquiries, and when appeals are processed.


The Right to Privacy – The IRS must follow due process and cannot collect any unnecessary personal or financial details about you.


The Right to Confidentiality – All the information collected or given to the IRS is completely confidential and may not be released without express written permission from the taxpayer.


The Right to Retain Representation – Taxpayers have a right to hire an attorney to represent them in all legal matters involving the IRS. There are additional options for those who cannot afford private representation.


The Right to a Fair and Just Tax System – When dealing with taxpayer affairs, the IRS must be impartial and consider all facts that may affect their ability to pay or provide time-sensitive information. Taxpayers also have the right to Taxpayer Advocate Services if their tax issue has not been resolved by the IRS within the appropriate time frame.


How Can I best Utilize the Taxpayer Bill of Rights?

One of the most important takeaways from the Taxpayer Bill of Rights is that if the IRS has either accused you of tax fraud, or claims that you owe more money, you have the opportunity to absolve yourself. In the event that you do owe money, the IRS is obligated to arrange a reasonable payment plan to pay off any outstanding debts. Even better, you can also make a settlement or compromise if you are unable to pay the full amount. 


If you are experiencing difficulties with the IRS and want to take back control of your financial future, contact Weisberg Kainen Mark, P.L. using the online form, or call our office at (305) 374-5544.

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Weisberg Kainen Mark, PL

As experienced trial lawyers with a passion for justice, our firm provides clients with compelling advocacy, attorney availability, and creative solutions to your tax or criminal law matters.

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