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Passport Renewal:

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Latest post Sat, Jan 17 2009 2:46 PM by Taxagent. 3 replies.
  • Thu, Jan 15 2009 6:41 PM

    • Sly2
    • Not Ranked
    • Joined on Thu, Nov 27 2008
    • Posts 3

    Question [=?] Passport Renewal:

    My Passport will expire this year. I want to renew it. Problem is I owe IRS back taxes.
    Will this be a problem. Will my Passport be confiscated upon submission for renewal???
  • Fri, Jan 16 2009 3:17 AM In reply to

    Feedback [*=*] re: Passport Renewal:

    It wouldn't be confiscated but it also may not be renewed. You can now renew your passport if it's been less than 15 years since it was issued instead of 10 as it used to be so even if it expired, you'd have 5 years to renew it. Whether or not the taxes are a problem depend upon the amount owed, how long it's been owed and whether or not you've worked out a payment plan with the IRS. It can certainly come up...
  • Fri, Jan 16 2009 9:49 PM In reply to

    re: Passport Renewal:

    My office deals with employee passport applications and renewals. I am not a lawyer, nor a government employee, but I do know more than most people about passport renewals.

    I have never heard of a passport renewal being denied by the State Dept due to back taxes. They CAN and WILL hold up a renewal for back child support.

    A judge can order a person to turn over their passport if the judge has reason to believe the person will leave the country and avoid whatever case the judge is working on.

    One hears, for example, when a rich or famous celebrity is on trial for something, the judge will hold the person's passport so they cannot leave the United States.
  • Sat, Jan 17 2009 2:46 PM In reply to

    Ok [+0+] Not a problem--a passport is not in jeopardy for delinquent tax

    Your passport renewal or issuance will not be denied because you owe back taxes to the IRS. The IRS does not gives lists of delinquents to the State Department and there is no statutory provision that provides for a denial of your passport just because you have back taxes owed. If the IRS believes that you are about to leave the country and take assets with you, it has remedies available to it to seize those assets to pay your delinquent taxes. It also has a writ it can use to hold you in the U.S. until you pay, but this writ is rarely used due to the requirement needed to show the court to get it.

    The only time I'd expect your passport to be jeopardy for federal taxes owed is if you have been indicted on federal tax evasion or fraud charges. In that case, the U.S. attorney may ask the court to require you to surrender your passport so that you can't leave until the criminal case is resolved.

    So, go ahead and renew the passport.

    I do suggest, however, that you get an installment agreement or make other arrangements with the IRS to pay what you owe. That can reduce the penalty that accrues on the unpaid taxes and will eliminate the need for you to worry about what the IRS might do.
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