CNC status allows people in financial hardship situations to defer paying their tax bill until their
situation improves. For example, unemployed people often seek CNC status from the IRS.
Qualifying for CNC status means documenting your financial situation
Here’s the tricky part. If you need CNC status, you must prove to the IRS that you can’t afford to pay.
That means you’ll need to document your financial situation for the IRS.
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First, the IRS will look for any nest egg that you may have, like a savings account, to pay your taxes
if you don’t need it to pay for necessary living expenses.
-
If you don’t have any assets to pay the debt, the IRS will want you to document your average monthly
income and
necessary living expenses
. The IRS is looking to see if you can pay with an
installment agreement
.
-
The IRS may also ask you to file a
financial statement
(called a Form 433) and may even require you to prove your monthly income (with paystubs and bank
deposits) and monthly living expenses (with receipts).
Here’s the catch: The IRS can set limits on your expenses. For example, if your car
payment is $1,200 a month, the IRS will limit it to $497.
How to request CNC status
To get CNC status, you (or your tax professional) must contact the IRS. You can write or
call the IRS
, but it’s usually faster to interact by phone, because the IRS can tell you exactly what you’ll need to
provide to prove your hardship.
Also, if you’re prepared with financial information, such as the Form 433 with documents to prove your
income and expenses, you can usually fax them to the IRS during the call – and get an immediate preliminary
decision.
Don’t ignore the issue
Many times, people who ignore their tax bill get a false sense of security that the IRS will ignore the
issue, too. It’s true that the IRS can put taxpayers into CNC status if the IRS can’t locate them, but those
taxpayers will be open to
federal tax liens
,
bank levies, and wage garnishments
.
The only way to make sure that the IRS doesn’t take these measures to collect when you can’t pay your taxes
is to proactively contact the IRS to request CNC status.
Details you need to know about CNC status
The IRS will take any refunds in future years until you pay off the tax bill.
The IRS will usually file a federal tax lien if you owe more than $10,000.
CNC status may not be forever. After you get CNC status, the IRS will review your financial
situation every year to see if you can afford to pay your taxes again. If your financial situation changes,
the IRS may remove you from CNC status and ask for new terms. The IRS will analyze the income on your tax
return or on
information statements
like Form W-2, 1099, etc., if you haven’t filed. If your income is more than the living expenses you
provided when you originally got your CNC status, you’ll likely need to start making payments to the IRS
unless you have added more necessary living expenses. The IRS sends a notice to you if it wants you to
provide more current financial information about your CNC status.
If your situation stays the same, the IRS will likely “write off” your taxes, penalties,
and interest owed after 10 years. This rule is called the
collection statute of limitations
. At the end of 10 years, the IRS can no longer collect unless you have extended the collection statute by
some action (filed an
offer in compromise
, left the country, and several other reasons).
What to do next
If you’re experiencing a financial hardship, consider CNC status.
You may even want to
consider an IRS offer in compromise
if your circumstances allow you to settle your tax debt with the IRS.
If you’re not sure how you can pay your tax bill, consider consulting with a tax expert to understand your
options. A qualified tax pro can help you decide which solution is best and work with the IRS to achieve it.