Receiving a tax bill from the IRS that you believe is incorrect can be unsettling, but you have clear rights and procedures to dispute charges. Understanding these steps helps you correct errors, assert your tax position, and avoid additional penalties or enforcement actions.
Why You Might Disagree With an IRS Tax Bill
Tax disputes often stem from:
- Math or data entry errors by the IRS.
- Incorrect income reporting, sometimes due to third-party reporting mistakes.
- Unapplied credits or deductions you rightfully claimed.
- Identity theft, which may result in fraudulent tax filings under your Social Security number.
- Differing interpretations of tax laws affecting your tax liability.
Steps to Dispute an IRS Tax Bill
1. Review Your IRS Notice Carefully
Carefully read the notice sent by the IRS. It will include:
- The tax year(s) involved and the amount the IRS claims you owe.
- Reasons for the proposed adjustment.
- Instructions and deadlines for responding.
Note any details that seem incorrect or unclear.
2. Gather Documentation
Collect all records supporting your position such as:
- Copies of your original tax return.
- W-2s, 1099s, and other income evidence.
- Receipts and documents for claimed deductions and credits.
- Bank statements and correspondence relevant to the dispute.
3. Communicate With the IRS
Start resolving the issue promptly:
- Phone contact: Use the number on your notice to discuss the issue. Have your documentation ready, and take detailed notes during the call.
- Written response: If required or preferred, send a clear letter explaining your disagreement along with copies of supporting documents. Send it to the address specified in the notice.
4. Meet All Deadlines
Respond by the deadline on the notice. Ignoring the IRS or missing deadlines can result in added penalties, interest, and enforced collections.
Common IRS Notices You May Receive
- Notice CP2000: Income mismatch alert.
- Notice CP11: Post-audit adjustments.
- Notice CP12: IRS made corrections resulting in refund or balance change.
Escalating the Dispute: Formal Appeals
If your initial efforts fail, the IRS Appeals Office offers an independent review:
- You’ll receive a formal notice explaining proposed changes and appeal rights.
- Submit a written protest letter within 30 days detailing why you disagree, citing facts and legal arguments.
- An Appeals Officer reviews your case and may hold a conference to reach a settlement.
- If no agreement is reached, the IRS issues a Notice of Deficiency (90-day letter).
Taking the Case to Tax Court
You can file a petition with the U.S. Tax Court within 90 days of the Notice of Deficiency without paying the amount disputed. This federal court hears tax disputes independently of the IRS.
Paying Under Protest and Refund Claims
Alternatively, pay the disputed amount fully, then file for a refund. If denied, you may pursue suit in federal court. This method is known as paying “under protest.”
If You Can’t Pay the Bill Immediately
If you owe the tax but can’t pay right away, the IRS provides options:
- Short-term payment plan: Up to 180 days to pay in full.
- Installment agreement: Monthly payments over time, up to 72 months.
- Offer in Compromise (OIC): Settle for less than owed if you qualify due to financial hardship.
Tips for Successfully Resolving a Disputed Bill
- Stay professional and polite in all communications.
- Keep your documentation organized and arguments clear.
- Understand relevant tax laws or seek professional assistance when needed.
- Never ignore IRS notices or miss deadlines.
Avoid These Common Mistakes
- Ignoring correspondence.
- Missing response deadlines.
- Failing to provide complete supporting information.
- Sending original documents rather than copies.
Frequently Asked Questions
Q: How long does a dispute take?
A: Duration varies from weeks for simple matters to months or longer for complex appeals.
Q: Must I pay disputed amounts while resolving the issue?
A: Typically, payment isn’t required during active dispute or appeal, but interest and penalties accrue on amounts owed.
Q: Can I negotiate with the IRS?
A: Yes, especially through the Appeals process or via Offer in Compromise for eligible taxpayers.
References
- IRS Official Site: https://www.irs.gov/
- IRS Publication 5, Your Appeal Rights and How To Exercise Them: https://www.irs.gov/pub/irs-pdf/p5.pdf
- IRS Publication 17, Your Federal Income Tax: https://www.irs.gov/pub/irs-pdf/p17.pdf
- CFPB: https://www.consumerfinance.gov/
For related topics, see our articles on IRS Payment Plans and IRS Appeals Process.