Administrative Appeal

What Is An Administrative Appeal?

The term Administrative Appeal applies to any appeal filed regarding action taken by the IRS. The IRS allows you to appeal any decision or action taken by them including decisions made during an audit or decisions to collect on tax debt. As a taxpayer, if you feel that the IRS has made any unfair or incorrect decisions in regard to your tax situation, you may appeal said action without going to court through their Office of Appeals, a separate entity from the IRS themselves.
Administrative Appeal
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What Is The Administrative Appeal Process?

All Administrative Appeals are filed through the IRS Office of Appeals, if you find yourself in a dispute with the IRS or are going through a tax audit, you have the right to appeal any decision made before going to court. The appeal method is often more cost effective than going to court.

 

In some cases, after an appeal is filed, the IRS will request either written arbitration or a hearing (usually over the phone) with an official within the IRS Office of Appeals in order for a final decision to be made however, arbitration is optional. Most appeals to the IRS are made through a tax professional. If for any reason you apply for an appeal and the appeal is rejected, you are able to appeal the rejection of the appeal as well.

 

When an Administrative Appeal is filed, the IRS will halt any collection actions taken against you until the appeal is resolved and a decision is made.

When Do I File For An Administrative Appeal?

The timing to file an appeal depends on the type of Administrative Appeal being filled. It is often best to file for an appeal as quickly as possible after the IRS makes a decision you disagree with or you begin being audited by the IRS in order to ensure that no actions are taken by the IRS before you can appeal.

What Are The Types Of Appeals And What Situations Can I Make An Appeal For?

There are many situations in which you are able to file an Administrative Appeal for including:

The most common types of appeals are Collection Due Process (CDP) and Collection Appeal Program (CAP) however there are many other types of appeals that can be made based on your situation.

Next Steps:

If the IRS has taken any action on your account which you would like to appeal, it is necessary to speak with a tax professional to guide you through the best options and processes to proceed. Administrative appeals are often difficult to navigate because you may not always receive the best-case scenario outcome. A tax professional can provide you with many best- and worst-case scenarios and help you find the best option to relieve yourself from any outstanding tax debt. Give us a call today and we can walk you through the best way to handle any undesirable decisions made by the IRS based on your situation.
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