Define: 90-Day Letter

90-Day Letter
90-Day Letter
Quick Summary of 90-Day Letter

The IRS sends a 90-day letter to individuals who have either failed to file their taxes or have filed them incorrectly. The letter includes the IRS’s calculation of the person’s taxes, penalties, and interest based on their income. Prior to the 90-day letter, the IRS sends a 30-day letter with the assessed tax penalty, giving the person 30 days to accept or appeal the changes made to their return. If the person does not take action within this timeframe, the IRS will send a bill for the balance due in the 90-day letter. This letter outlines the person’s options and explains the IRS’s calculation of their tax liability. If the person wishes to contest the tax penalty, they can either pay the assessed tax and file a request for a refund or challenge the assessed tax immediately by filing a petition for review with the United States Tax Court within 90 days of receiving the notice. Failure to take either of these actions forfeits the person’s right to contest the IRS’s assessment. The 90-day letter is a formal legal notice sent by certified or registered mail and represents the government’s final determination of the person’s tax liability.

Full Definition Of 90-Day Letter

The IRS sends a 90-day letter, also known as a CP3219N Notice, Letter 531, or Notice of Deficiency, to individuals who have either failed to submit their tax return or submitted a deficient tax return. This letter informs the individual that they have been audited and the IRS has recalculated their tax, penalties, and interest using information from their employers, financial institutions, and other sources of income. If the individual does not respond within 30 days to the 30-day letter (Letter 525) with its assessed tax penalty, the IRS sends a bill for the balance due in the 90-day letter. The 90-day letter explains the IRS’s calculation of the individual’s tax liability and their options. Taxpayers who wish to contest the tax penalty in their 90-day letter may either pay the assessed tax and file a request for a refund or sue in District Court, or they may challenge the assessed tax immediately by filing a petition for review with the United States Tax Court within 90 days from the date of the notice. Failure to exercise either option within the allotted time is counted as a forfeiture of the right to contest the IRS’s assessment. 90-day letters are formal legal notices, sent by certified or registered mail, and serve as the government’s final determination of one’s tax liability in an effort to assess and collect tax, as allowed under ยง 6212(a) of the Internal Revenue Code.

90-Day Letter FAQ'S

A 90-Day Letter is a notice sent by the Internal Revenue Service (IRS) to inform a taxpayer that they have 90 days to respond to a proposed adjustment or assessment of additional taxes.

You may receive a 90-Day Letter if the IRS has conducted an audit or examination of your tax return and identified discrepancies or potential errors that could result in additional taxes owed.

If you receive a 90-Day Letter, it is crucial to carefully review the proposed adjustments or assessments mentioned in the letter. You should consult with a tax attorney or a qualified tax professional to understand your options and determine the best course of action.

Ignoring a 90-Day Letter is not advisable. If you fail to respond within the specified 90-day period, the IRS may proceed with the proposed adjustments or assessments, leading to potential penalties, interest, and further legal consequences.

Yes, you have the right to dispute the proposed adjustments mentioned in the 90-Day Letter. You can provide supporting documentation or evidence to challenge the IRS’s findings. It is recommended to seek professional assistance to navigate the dispute process effectively.

If you agree with the proposed adjustments mentioned in the 90-Day Letter, you can sign and return the letter to the IRS, indicating your acceptance. The IRS will then proceed with the assessment of additional taxes accordingly.

In certain circumstances, you may be able to request an extension of the 90-day response period. However, such requests are generally granted only for valid reasons, such as illness, natural disasters, or other extenuating circumstances. It is essential to communicate with the IRS promptly and provide a valid explanation for the extension request.

If you are unable to pay the additional taxes mentioned in the 90-Day Letter, you should still respond within the specified timeframe. You can explore options such as installment agreements, offers in compromise, or other tax relief programs to address your tax liability. Consulting with a tax professional can help you determine the best approach based on your financial situation.

Yes, if you disagree with the outcome of your response to the 90-Day Letter, you have the right to appeal the IRS’s decision. The appeals process allows you to present your case to an independent IRS appeals officer who will review the facts and make a determination.

Failing to respond to a 90-Day Letter can result in the IRS proceeding with the proposed adjustments or assessments, leading to the assessment of additional taxes, penalties, and interest. It may also result in the IRS taking further collection actions, such as placing liens on your property or garnishing your wages. It is crucial to address the letter promptly and seek professional guidance to protect your rights and interests.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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