What Are Delinquent Tax Debts? How They Can Cause Passport Denial

Delinquent tax debts can have serious consequences that extend beyond financial stress. Many taxpayers need to be made aware that owing the IRS can result in passport denial or even revocation, disrupting both personal and professional travel plans. What delinquent tax debts are and how they can lead to passport denial is important for safeguarding your freedom to travel and maintaining your financial stability.

If you’re facing tax debt issues that threaten your travel rights, take your time. Seek immediate assistance by giving our tax attorneys at J. David Tax Law a call. We’re here to resolve your tax debt and remove the passport revocation, helping you get back on track.

Delinquent Tax Debts

A delinquent tax debt arises when a taxpayer fails to pay their tax obligations by the due date. This situation isn’t merely about missing a deadline; it indicates that the IRS has taken notice and may initiate collection actions against you. The longer the debt remains unpaid, the more severe the consequences become.

How Tax Debts Become Delinquent

How Tax Debts Become Delinquent

  1. Failure to File a Tax Return: Not submitting a required tax return can lead the IRS to file a substitute return on your behalf, which may not account for deductions or credits you’re entitled to.

  2. Filing Without Payment: Submitting your tax return without paying the taxes owed triggers the IRS to send notices demanding payment.

  3. Ignoring IRS Notices: Failure to respond to IRS communications escalates the situation, leading to enforcement actions such as liens, levies, or passport denial.

Delinquent tax debts can accumulate rapidly due to added penalties and interest. Over time, what might have started as a manageable amount can grow into a significant financial burden.

What Is a Seriously Delinquent Tax Debt?

A seriously delinquent tax debt is an unpaid, legally enforceable federal tax debt totaling more than $62,000 including interest and penalties. This amount is adjusted annually for inflation. The IRS considers a tax debt seriously delinquent if:

  • A Notice of Federal Tax Lien Has Been Filed: This lien is a legal claim against your property to secure payment of your tax debt.

  • A Levy Has Been Issued: A levy permits the IRS to seize your property to satisfy the tax debt.

How Delinquent Tax Debts Lead to Passport Denial

The connection between delinquent tax debts and passport denial stems from laws designed to enforce tax compliance. The Fixing America’s Surface Transportation (FAST) Act of 2015 authorizes the IRS to certify taxpayers with seriously delinquent tax debts to the State Department, which can then deny or revoke their passports.

Process Leading to Passport Denial

  1. Certification by the IRS: The IRS identifies taxpayers with seriously delinquent tax debts and certifies this information to the State Department.

  2. Notification: You receive a Notice CP508C from the IRS, informing you of the certification and potential passport action.

  3. State Department Action: The State Department can deny your passport application or revoke your existing passport based on the IRS certification.

  4. Resolution Required: To remove the certification and restore your passport rights, you must fully resolve your tax debt or enter into an acceptable payment arrangement with the IRS.

Don’t let delinquent tax debts disrupt your life. Contact J. David Tax Law immediately. Our experienced tax attorneys are ready to act quickly, resolve your passport revocation, and help you regain your travel rights.

Delinquent Tax Debts Exempt from State Department Certification

Certain tax debts are not considered seriously delinquent and are therefore exempt from certification to the State Department. These exemptions include:

  • Child support obligations

  • Tax debts that are being paid on time under an IRS-approved installment agreement

  • Debts being paid on time through an accepted Offer in Compromise with the IRS

  • Penalties related to the Report of Foreign Bank and Financial Accounts (FBAR)

  • Debts covered under settlement agreements with the Department of Justice

  • Tax debts for which a timely request for a collection due process hearing regarding a levy has been made

  • Debts suspended due to a request for innocent spouse relief

These exemptions help ensure that individuals meeting certain conditions or resolving their tax issues aren’t subject to passport denial.

Who is Exempt from IRS Seriously Delinquent Tax Debt Certification?

The IRS will not certify individuals as having seriously delinquent tax debt if they meet certain conditions. These exemptions include taxpayers who:

  • Have their tax debt marked as “Currently Not Collectible” due to financial hardship

  • Have a pending request with the IRS for an installment agreement or Offer in Compromise

  • Are victims of tax-related identity theft

  • Are currently in bankruptcy proceedings

  • Reside in a federally declared disaster area

  • Have received an IRS adjustment that will resolve their tax debt in full

Additionally, the IRS delays certification for those serving in designated combat zones or involved in contingency operations. These exemptions provide relief for individuals facing challenging circumstances, ensuring they are not subject to passport denial or revocation.

Impact of Passport Denial on Your Life

Passport denial due to delinquent tax debts doesn’t just hinder your ability to travel abroad; it can have profound personal and professional repercussions.

Personal Consequences

  • Family Emergencies: Inability to travel internationally can prevent you from attending important family events or emergencies abroad.

  • Cancelled Travel Plans: Financial losses from non-refundable tickets and reservations, along with emotional disappointment.

Professional Consequences

  • Business Opportunities: Professionals who require international travel for work may face job loss or missed opportunities.

  • Reputation Damage: Passport issues can signal financial instability, affecting your professional image and relationships.

Emotional and Psychological Effects

The stress of dealing with tax debts and passport denial can lead to anxiety and affect your overall well-being. Addressing these issues promptly is crucial to restore peace of mind.

Resolving Delinquent Tax Debts to Lift Passport Denial

Methods to Resolve Your Tax Debts

Addressing your delinquent tax debts is the only way to remove the passport denial. Here are the primary methods to resolve your tax debts and regain your travel rights.

1. Full Payment of Tax Debt

Paying the total amount owed is the most straightforward solution. Once the IRS receives full payment, they will reverse the certification within 30 days, and the State Department will be notified to restore your passport eligibility.

However, paying in full isn’t feasible for everyone. If you’re unable to pay the entire debt, other options are available.

2. Installment Agreement

An installment agreement allows you to pay your tax debt over time in manageable monthly payments. Setting up this agreement demonstrates your commitment to resolving your debt, prompting the IRS to reverse the certification.

See how our tax attorneys can negotiate an installment agreement that fits your financial situation, ensuring you can meet your obligations without undue hardship.

3. Offer in Compromise (OIC)

An Offer in Compromise is an agreement with the IRS to settle your tax debt for less than the full amount owed. This option is suitable if you can prove that paying the full amount would cause financial hardship. Learn how we’ve successfully negotiated Offer in Compromise settlements, reducing tax liabilities to less than half of the assessed debt amount.

Our experienced tax debt attorneys will assess your eligibility and handle the complex application process, increasing your chances of acceptance.

4. Currently Not Collectible (CNC) Status

If you’re experiencing severe financial hardship, you may qualify for Currently Not Collectible (CNC) Status . This temporarily halts IRS collection activities, including passport certification, giving you breathing room to improve your financial situation.

We can help you demonstrate your financial hardship to the IRS and obtain CNC status, providing immediate relief.

5. Appealing the Certification

If you believe the IRS made an error in certifying your tax debt, you have the right to appeal. A tax attorney can also help you file legal claims or appeals to correct the IRS’s decision. Addressing this promptly can expedite the resolution process.

The Role of a Tax Attorney in Resolving Delinquent Tax Debts

The complexities of tax laws and IRS procedures can be daunting. A tax attorney provides invaluable assistance in resolving delinquent tax debts and lifting passport denial.

Role of Tax Attorney in Resolving Delinquent Tax Debts

Expert Guidance and Representation

Our tax attorneys have in-depth knowledge of tax laws and extensive experience dealing with the IRS. We will:

  • Analyze Your Situation: Evaluate your financial circumstances and tax obligations.

  • Develop a Strategy: Create a personalized plan to resolve your tax debt effectively.

  • Communicate with the IRS: Handle all communications, ensuring your rights are protected.

Negotiation Skills

We negotiate with the IRS on your behalf to secure favorable terms, whether it’s an installment agreement, Offer in Compromise, or CNC status.

Legal Advocacy

If necessary, we will:

  • File Appeals: Challenge incorrect certifications or IRS decisions.

  • Represent You in Proceedings: Provide representation in IRS hearings or court cases.

Preventing Future Delinquent Tax Debts

Resolving your current tax debt is crucial, but it’s equally important to prevent future issues. Here are steps you can take to stay compliant.

Stay Organized

  • Keep Accurate Records: Maintain detailed records of income, expenses, and deductions.

  • Set Reminders: Use calendars or apps to remember important tax deadlines.

Budget for Taxes

  • Estimate Tax Liability: Regularly calculate your expected taxes to avoid surprises.

  • Set Aside Funds: Allocate money throughout the year to cover tax obligations.

Seek Professional Help

  • Tax Planning: Work with tax professionals to optimize your tax situation.

  • Regular Consultations: Schedule periodic reviews to adjust for life changes affecting your taxes.

By taking proactive steps, you can maintain compliance and avoid the stress and consequences of delinquent tax debts.

Steps to Take If Passport Denial Isn’t Lifted After Resolving Tax Debt

If you’ve addressed your tax debt but your passport denial hasn’t been lifted, here’s what to do:

Verify IRS Status Change

Ensure that the IRS has updated your status to reflect the resolution of your tax debt. Obtain confirmation from the IRS that your seriously delinquent status has been reversed.

Follow Up with the State Department

Contact the State Department to confirm they have received the updated information from the IRS. Delays can occur, so proactive communication is essential.

Request an IRS Account Transcript

An account transcript provides a record of your tax account activity. Review it to ensure all payments and agreements are accurately recorded.

Contact the Taxpayer Advocate Service

If delays persist, the Taxpayer Advocate Service can assist in resolving issues between the IRS and the State Department.

Seek Legal Assistance

A tax attorney can escalate the matter and take legal action if necessary to ensure your passport denial is lifted promptly.

Don’t let tax debt stop your travel plans contact us immediately! Our experienced tax debt attorneys at J. David Tax Law are ready to act quickly, resolve your passport revocation, and help you get back on track.

Steps to Take When There is Passport Denial

Conclusion

Delinquent tax debts not only burden you financially but can also severely restrict your freedom to travel. Passport denial due to seriously delinquent tax debts is a powerful tool the IRS uses to enforce compliance. Understanding how delinquent tax debts lead to passport denial empowers you to take the necessary steps to resolve the issue.

About J. David Tax Law

With years of experience in tax law, J. David Tax Law is a trusted partner for individuals facing tax-related challenges. Visit http://jdavidtaxlaw.com/ for personalized solutions tailored to your unique situation, ensuring the best possible outcomes.


Your Tax Relief Questions, Answered

If the IRS certifies your tax debt as seriously delinquent, they will send you a CP508R notice. This notice informs you that your passport privileges may be restricted due to outstanding tax debt. To confirm if you’ve received a CP508R, check your mail or contact the IRS directly. Alternatively, you can consult a tax attorney to help verify your status.
Yes, the IRS can request the State Department to withhold or revoke your passport if your tax debt exceeds $55,000 and is classified as seriously delinquent. This certification can prevent you from obtaining or renewing your passport. The IRS will notify you via a CP508C notice when this happens. Resolving the debt through payment or a formal agreement is necessary to lift the restriction.
Several factors can prevent you from getting or renewing your passport. The most common reason is having a seriously delinquent tax debt of over $55,000, certified by the IRS. Other reasons include owing more than $2,500 in child support, certain criminal convictions, or being subject to a felony-related arrest warrant. Resolving these issues is essential to regain passport eligibility.
If your passport is revoked while you’re abroad, you should immediately contact the nearest U.S. Embassy or Consulate for assistance. They can help you manage the situation, including facilitating communication with the IRS. Simultaneously, it’s important to consult a tax attorney to resolve the underlying tax debt, which will be crucial in reinstating your passport privileges.
No, making a partial payment alone will not remove the IRS certification of your seriously delinquent tax debt. To lift the passport denial, you must either pay the full debt, enter into an installment agreement, qualify for Currently Not Collectible (CNC) status, or have an accepted Offer in Compromise. Each of these options can lead to resolving the certification and restoring passport eligibility.
Once your tax debt is resolved, the IRS typically notifies the State Department within 30 days to remove the passport denial. However, the State Department may take additional time to process this update and reinstate your passport privileges. Processing times can vary depending on factors such as IRS workload and any additional documentation required. Consulting a tax attorney can help speed up this process.

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