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Published:   |   Last Updated: November 18, 2024

Currently Not Collectible

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Overview

There are times where you agree you owe the IRS, but you can’t pay due to your current financial situation. If the IRS agrees you can’t both pay your taxes and your basic living expenses, it may place your account in Currently Not Collectible (CNC) status.

I need more information

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What do I need to know?

The first thing to do is to check the return address on the letter to be sure it’s from the Internal Revenue Service and not another agency.

If it’s from the IRS, the notice will inform you that the IRS has placed your tax account in CNC status. If you want more details about your tax account, you can order a transcript.

While your account is in CNC status, the IRS generally won’t try to collect from you. For example: It won’t levy your assets and income. However, the IRS will still assess interest and penalties to your account and may keep your refunds and apply them to your debt. You’ll also continue to receive an annual bill from the IRS as required under the law.

Before the IRS will place your account in CNC status it may ask you to file any past due tax returns.

If you request CNC status, generally, the IRS may ask you to provide financial information, to review your income and expenses and decide whether you can sell any assets or get a loan.

The IRS may collect the balance you owe if your financial situation has improved when they conduct an annual review of your income.

The IRS can attempt to collect your taxes up to ten years from the date they were assessed. The IRS may suspend the ten-year period in certain circumstances. The time the suspension is in effect will extend the time the IRS has to collect the tax.

The IRS won’t suspend interest and penalty charges, even if it stops trying to collect the balance due. You may want to consider other possible payment options within your means before asking the IRS to place your account in CNC status.


Note:  If you have received transcripts that show “Balance due account currently not collectible – not due to hardship”, this is different from CNC hardship.  If your case is CNC – not due to hardship, you will need to address your tax debt and determine payment options.

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How do I know if I qualify for CNC status?

  • File tax returns for prior years (if you were required to file a tax return), even if you can’t pay the amount you owe right now.
  • Continue to file your tax returns on time even if you can’t pay. This will prevent late-filing penalties.
  • Gather your information to verify your income, expenses, and any debts you owe (loans, etc.). You may need to provide the IRS this financial information so it can decide whether to grant your request.
    • The IRS may ask you to complete Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, or Form 433-F, Collection Information Statement, and/or Form 433-B, Collection Information Statement for Businesses, before making any collection decision.
    • The IRS may require documentation to support items listed on your Collection Information Statements.

To see if you qualify for CNC status, you’ll need to contact the IRS

If you have a notice, use the contact information included there. If you don’t have or have lost your notice, call the following numbers for assistance:

  • Individual taxpayers:  800-829-1040 (or TTY/TDD   800-829-4059)
  • Business taxpayers:   800-829-4933

 

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What will the IRS ask for?

While applying for CNC status

  • The IRS may ask you to file any past due returns.
  • The IRS may ask you to complete Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, or Form 433-F, Collection Information Statement, and/or Form 433-B, Collection Information Statement for Businesses, before making any collection decision.
  • The IRS may require documentation to support items listed on your Collection Information Statements.
  • The IRS will continue to charge monthly late payment penalties and interest on your account.
  • The IRS will require you to continue to make your Estimated Tax Payments and Federal Tax Deposits, on time.

If the IRS decides you can make some type of payment and you disagree, you may:

  • Request a conference with the IRS Collection manager. IRS employees are required to give you the name and phone number of their supervisor.
  • Though you do not have the right to appeal the denial of your request for CNC, other collection actions or proposed collection actions may qualify for appeal under the Collection Appeals Program (CAP).

Contact the Taxpayer Advocate Service if you, your family, or your business, are experiencing financial hardship or are facing an immediate threat of adverse action.

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What should I do?

Don’t ignore the notices you get from the IRS about your balances due.

If you decide to request CNC status, you should:

  • File prior year tax returns (if you were required to file a return), even if you can’t pay the amount you owe right now.
    • If you need help preparing your tax returns and can’t afford to pay a tax return preparer, consider free file options.
    • If you meet the requirements, you might be able to have your return prepared for free at a Volunteer Income Tax Assistance (VITA) or Tax Counseling for the Elderly (TCE) site.
    • The IRS may place your accounts in CNC status, even if you have unfiled returns and are in a hardship situation, if you meet the requirements.
    • Continue to make Estimated Tax Payments and Federal Tax Deposits on time.
  • Continue to file your returns on time even if you can’t pay. This will prevent late filing penalties.
  • Gather your information to verify your income, expenses, and any debts you owe (loans, etc.). You may need to provide the IRS this financial information so it can decide whether to grant your request.

If the IRS decides you can make some type of payment and you still disagree, you may:

  • Request a conference with the IRS Collection Manager. IRS employees are required to give you the name and phone number of their supervisor.
  • Hire an attorney, Certified Public Accountant (CPA), or Enrolled Agent (EA) to represent you. If your income is below a certain level, you may qualify for assistance from a Low Income Taxpayer Clinic.
  • Appeal certain collection actions the IRS is taking or proposing. See Publication 1660, Collection Appeal Rights.

Contact the Taxpayer Advocate Service, if your problem is causing financial difficulty for you, your family, or your business; or you or your business is faced with an immediate threat of adverse action.

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How will the affect me?

If the IRS places your account in CNC status

  • The IRS may keep your tax refunds and apply them to your debt.
  • You can still make voluntary payments.
  • The IRS shouldn’t levy your assets or income, unless later federal tax liabilities arise to remove you from an uncollectible status.
  • The IRS may file a Notice of Federal Tax Lien (NFTL) even if your account is placed in CNC status. The filing of an NFTL can affect your credit rating, and your ability to sell property or other assets.
  • The IRS may contact you to update your financial information to be sure your ability to pay hasn’t changed.
  • The IRS is required by law to notify the State Department if you are certified as owing a Seriously Delinquent Debt. But, the IRS has discretion to exclude debts from Passport Certification, that are CNC.

What if I still can’t pay in the future?

If the IRS sends you a notice about your tax bill, call the number on the notice to discuss your financial situation. The IRS will take your updated information and decide if you still can’t pay your IRS debt and meet your living expenses. Make sure you have all the information about your income and expenses before you call.

You may prevent future tax liabilities by adjusting your withholding, making estimated tax payments or Federal Tax Deposits.

New Tax Reform implementation changed the way the IRS calculates your federal tax. The IRS encourages everyone to perform a quick “paycheck checkup” to ensure you have the right amount withheld.

You may use the IRS withholding calculator to figure your federal income tax and withholding. The withholding calculator is a tool on IRS.gov designed to help you determine how to have the right amount of tax withheld from your paychecks.

When you use the withholding calculator, it will help you determine if you need to adjust your withholding and submit a new Form W-4, Employee’s Withholding Allowance Certificate, to your employer.

General Resources

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If you still need help

The Taxpayer Advocate Service is an independent organization within the IRS. TAS helps taxpayers resolve problems with the IRS, makes administrative and legislative recommendations to prevent or correct the problems, and protects taxpayer rights. TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You may be eligible for free TAS help if your IRS problem is causing financial difficulty, if you’ve tried and been unable to resolve your issue with the IRS, or if you believe an IRS system, process, or procedure just isn’t working as it should.

TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your local advocate’s number:

Low Income Taxpayer Clinics (LITCs) assist individuals whose income is below a certain level who need to resolve tax problems with the IRS. They also provide education, outreach, and information on taxpayer rights to individuals who speak English as a second language. LITCs represent taxpayers in disputes before the IRS and courts and help taxpayers respond to IRS notices and correct account problems. Services are offered for free or a small fee. LITCs are independent from the IRS and TAS. For more information or to find an LITC near you, see the LITC Page or Publication 4134, Low Income Taxpayer Clinic List. You can also request Pub. 4134 by calling 800-TAX-FORM (800-829-3676).

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