People or corporations that are tax debtors may find the Vermont Tax Collection Process exceedingly perplexing. However, taxpayers can alleviate their tension and better manage their responsibilities by being aware of what to do. The Vermont Department of Taxes must ensure that the state's tax laws are adhered to and that all tax debts are paid reasonably and timely.

The Department has a predetermined method of ensuring that the state receives the necessary revenue when individuals fail to pay their taxes. This process involves various phases, including assessments, notices, and collection activities, which become more severe if the debt is unresolved. Vermont residents should be aware that there are methods available to them to resolve their tax issues prior to being required to pay them.

Being proactive is crucial if you are experiencing difficulty paying your taxes. If you know the deadline for tax debt collection, your rights, and the methods available for payment, you can take the appropriate action. This article will provide an overview of the Vermont tax collection process and offer guidance on navigating it without complications. 

When Tax Debt Becomes Collectible in Vermont 

Tax debt in Vermont becomes officially collectible once the assessment is finalized. The process begins when the Vermont Department of Taxes identifies a potential discrepancy or unpaid liability. Taxpayers need to understand the timeline and steps involved to avoid any surprises as the Department works to collect the owed taxes.

Assessment Process

The first step in the tax collection process is identifying an unpaid liability or tax discrepancy. The Department will send a Notice of Intent to Assess (NOIA) to inform the taxpayer of the potential tax debt. This notice allows taxpayers to review the proposed assessment and respond accordingly.

Response Deadline

Taxpayers typically have between 20 and 60 days (depending on the notice) to challenge the assessment or provide additional information to dispute the tax liability. During this time, taxpayers can submit documentation supporting their case, request clarification, or address any mistakes.

If no response is made or the challenge is unsuccessful, the assessment becomes final, and the debt is officially due.

Final Assessment and Appeal

Once the assessment becomes final, taxpayers have a 60-day window to pay the full amount owed or file a formal appeal. This is a crucial period to take action—whether to pay the liability or prepare an appeal if the taxpayer believes the assessment is incorrect.

When Debt Becomes Collectible

If no payment is made or an appeal is filed within 60 days, the debt becomes officially collectible, and the case is referred to the Collections Division. At this point, the Department will begin pursuing enforcement actions, such as liens, levies, or garnishments, depending on the circumstances.

Being proactive during the initial stages of the tax collection process can significantly affect the interest and penalties accrued. Contacting the Vermont Department of Taxes early allows taxpayers to explore options before enforcement actions become necessary.

Vermont Tax Collection Timeline

The Vermont Department of Taxes follows a structured timeline for collecting unpaid tax liabilities. Understanding this timeline is essential for taxpayers to know when to act, what to expect, and how to prevent the escalation of enforcement actions. Below is a detailed breakdown of the typical stages in the Vermont tax collection process.

Day 1: Issuance of Notice of Intent to Assess (NOIA)

The process starts with issuing the Notice of Intent to Assess (NOIA). This document informs the taxpayer of a potential tax liability. The NOIA allows the taxpayer to review the proposed assessment, and they have between 20 and 60 days (as specified in the notice) to respond.

20-60 Days After NOIA: Response Deadline

Taxpayers can challenge the proposed assessment or provide additional information during this period. If they disagree with the evaluation, they should submit any supporting documentation to the Department. Responding promptly within the given timeframe is essential to avoid the assessment becoming final.

After the Deadline: Final Assessment

The assessment becomes final if the taxpayer fails to respond or their challenge is unsuccessful. The tax liability is officially confirmed, and the taxpayer has 60 days to either pay the full amount owed or appeal the decision.

0-60 Days After Final Assessment: Appeal Period

This 60-day period provides taxpayers with a final chance to file a formal appeal if they believe the assessment is incorrect. During this time, the taxpayer can also arrange for payment in full. If the taxpayer does not appeal or pay within this timeframe, the case is forwarded to the Collections Division for further action.

Post-60 Days: Case Forwarded to Collections

Once the 60-day appeal period expires, the debt becomes officially collectible. The Vermont Department of Taxes will transfer the case to the Collections Division, where enforcement actions will be initiated.

30+ Days After Collections Begins: Progressive Enforcement Actions

Suppose no payment is received or no payment plan is arranged. In that case, the Department will start implementing more severe enforcement actions, such as tax liens, bank levies, wage garnishments, and property seizures.

Ongoing: Continued Enforcement

The Department will continue its enforcement efforts until the debt is resolved. This may include additional actions, such as vendor payment offsets or tax refund offsets, which apply any future state tax refunds to the outstanding tax liability.

Throughout the entire process, interest and penalties accumulate on the unpaid debt. Therefore, the sooner taxpayers address the issue, the less they will ultimately pay in interest and penalties.

Enforcement Tools Available to Vermont Department of Taxes 

Once a tax debt becomes collectible in Vermont, the Department of Taxes has several enforcement tools to ensure payment. These tools are used progressively, starting with less severe actions and escalating if the debt remains unresolved. Here are the primary enforcement mechanisms the Department may use:

Tax Liens

A tax lien is a legal claim on a taxpayer’s property to secure payment for an unpaid tax debt. In Vermont, the Department may file a lien with the town or county clerk, which attaches to real and personal property. This lien:

  • This lien negatively impacts the taxpayer's credit score, making securing loans or selling property more challenging.
  • Establishes priority for the state over other creditors, meaning Vermont has the first claim on the property in the event of liquidation.
  • Remains in place until the debt is paid in full or becomes unenforceable due to the passage of time.

Tax Levies

A tax levy is the actual seizure of property to satisfy a tax debt. There are various types of levies the Department may use, depending on the situation:

  • Bank levies: The Department can seize funds directly from the taxpayer's bank account. The bank will hold the funds until the amount owed (including interest and penalties) is covered.
  • Property levies: In some cases, the Department may seize physical property such as vehicles, equipment, or other assets. These assets may then be auctioned to pay off the tax debt.
  • Refund offsets: If the taxpayer is due a state tax refund, the Department may automatically apply the refund to the outstanding debt.
  • Vendor payment offsets: If a taxpayer provides goods or services to the state, any payments due can be redirected to satisfy the tax debt.

Wage Garnishment

Under Vermont law, the Department can implement wage garnishment to collect overdue taxes. This involves the following steps:

  • The Department sends a notice to the taxpayer's employer, requiring them to withhold a portion of the taxpayer's wages and send it directly to the Department.
  • Wage garnishment continues until the debt is fully paid, with the employer typically withholding a portion of every paycheck.
  • Garnishments can begin 90 days after the assessment becomes final, allowing the Department time to attempt other collection methods.

License Revocation

Vermont law grants the Department the power to request the suspension or revocation of specific licenses. If a taxpayer has a business license or professional license, the Department may:

  • Request that the appropriate state agency revoke or suspend the license until the tax liability is resolved.
  • Prevent the issuance or renewal of licenses if the taxpayer is not in compliance with Vermont tax laws.

Publication of Delinquent Taxpayers

As part of its enforcement strategy, the Vermont Department of Taxes can publish the names, addresses, and tax liability amounts for taxpayers with the largest unresolved debts. According to 32 V.S.A. § 3102(m), the Department can publish:

  • The Department can list the top 100 taxpayers with the highest tax liabilities.
  • The top 100 business taxpayers with outstanding tax debt.

The Department publishes this list on its website, potentially impacting the taxpayer's reputation.

Outside Collection Agencies

In some instances, if the Department cannot contact the taxpayer directly due to incorrect address information or if the taxpayer fails to respond to notices, the Department may assign the debt to an outside collection agency. This means:

  • The taxpayer must work directly with the collection agency to resolve the debt.
  • Collection agencies can use additional methods, including phone calls and legal proceedings, to collect the outstanding tax balance.

Taxpayer Rights and Protections

While the Vermont Department of Taxes has significant enforcement powers, taxpayers are protected by rights to ensure that they are treated fairly and informed throughout the collection process. These rights aim to safeguard taxpayers' interests and provide opportunities for resolution before enforcement actions become severe.

Right to Be Informed

Taxpayers have the right to clear and timely information regarding their tax assessments and obligations. This includes:

  • They should receive written notifications about tax discrepancies, assessments, and proposed actions, such as liens or levies.
  • Access to written explanations of the tax laws that affect them and the procedures for contesting an assessment or appealing decisions.
  • They should receive guidance on their tax obligations, which include adhering to the law, filing returns, and making payments.

Taxpayers are entitled to this information in an understandable format to avoid confusion or misunderstandings.

Right to Challenge Assessments

If taxpayers disagree with a tax assessment, they can challenge it. This process includes:

  • Filing a formal appeal within 60 days of receiving a notice of assessment.
  • Present documentation and evidence supporting the taxpayer’s position, including financial records, proof of payment, or other relevant documents.
  • The taxpayer should request an informal meeting with a tax professional from the Department to request formal hearings.

Formal Hearing and Appeal Process

If a settlement cannot be reached through informal discussions, the taxpayer can request a formal hearing before the Commissioner of Taxes. The hearing will be conducted by a tax professional who will review the case and decide. If the taxpayer is not satisfied with the decision:

  • They can appeal to the Vermont Superior Court within 30 days of the Commissioner’s ruling.

Taxpayer Advocate Service

The Vermont Taxpayer Advocate is an independent entity within the Vermont Department of Taxes that exists to protect taxpayer rights. The Taxpayer Advocate provides several essential services, including

  • The Taxpayer Advocate provides free guidance to taxpayers struggling with tax issues that standard procedures haven't yet resolved.
  • The Taxpayer Advocate is an impartial resource to guarantee equitable treatment for taxpayers, particularly when the Department's actions could result in substantial hardship.
  • The Taxpayer Advocate assists with complicated issues, such as errors in tax returns, unresolved disputes, or long-term financial difficulties resulting from tax actions.

Taxpayers can contact the Taxpayer Advocate for help by calling (802) 828-6848 or emailing tax.taxpayeradvocate@vermont.gov.

Confidentiality Protections

Vermont law requires that taxpayer information remain confidential under most circumstances. Employees of the Department of Taxes are prohibited from disclosing any tax information unless authorized by law. This includes:

  • Personal income details and other sensitive data could harm the taxpayer’s privacy.
  • Penalties for disclosure: Any unauthorized release of taxpayer information could result in penalties for the individual responsible, including fines and imprisonment.

Statute of Limitations on Tax Collection

Under Vermont law, the statute of limitations for collecting unpaid taxes is generally six years. The Department must take action to collect taxes within six years of the due date or finalization of the assessment. However, if the Department files a tax lien, it may extend beyond this period and can often be renewed. Taxpayers must understand these limitations to know when their liability could expire.

Options for Resolving Tax Debt

When taxpayers cannot pay their full tax liability, Vermont offers several options to help resolve the debt. These options can prevent more severe enforcement actions and reduce the amount paid over time, including penalties and interest. By understanding the available pathways, taxpayers can make informed decisions about addressing their outstanding tax liabilities.

Payment Plans

For individuals and businesses that cannot pay their tax debt in full immediately, the Vermont Department of Taxes offers payment plans. This allows taxpayers to make monthly payments toward the debt, typically throughout one to two years. Here are the key points you should know about Vermont’s payment plans:

  • Interest continues to accrue on the unpaid balance, though penalties may be reduced or waived.
  • The taxpayer must complete a financial disclosure form to provide information about their income and assets, including Form TAX-692 for businesses or Form TAX-693 for self-employed individuals and wage earners.
  • Taxpayers must remain current with their payments to avoid further enforcement actions like wage garnishment or tax liens.

Offer in Compromise (OIC)

The Offer in Compromise is an option for taxpayers facing significant financial hardship who cannot pay the full tax debt. An OIC allows taxpayers to settle their debt for less than the full amount owed if certain conditions are met. There are three types of OICs:

  • Doubt as to Collectability: This is when it’s unlikely that the taxpayer could pay the full amount owed, even through a payment plan or liquidation of assets.
  • Doubt as to Liability: When there is doubt that the taxpayer owes part or all of the tax debt.
  • Economic Hardship: If paying the debt in whole would create extreme financial difficulty for the taxpayer.

To apply for an OIC, the taxpayer must:

  • Have filed all required tax returns.
  • Agree to remain compliant with future tax filings and payments.
  • Submit a good-faith payment equal to at least 5% of the debt owed (unless they qualify for low-income certification).
  • Include the appropriate Collection Information Statement (Form OIC-672 for businesses or OIC-673 for individuals).

Voluntary Disclosure Program

The Voluntary Disclosure Program is designed for taxpayers who have not filed required tax returns or have underreported income. This program encourages taxpayers to come forward voluntarily to resolve their outstanding obligations. The benefits include

  • The Department typically looks back only three years for business and income taxes.
  • Penalties may be reduced or waived, though interest will still apply.
  • To qualify, the taxpayer must contact the Department before being audited or investigated, file all required returns, and pay the taxes due.

How to Request an OIC or Payment Plan

To begin the process, taxpayers must submit the appropriate forms. These forms give the Department the necessary financial information to assess whether the taxpayer qualifies for an Offer in Compromise or a payment plan. Taxpayers should be prepared to:

  • File forms such as TAX-692 (for businesses) or TAX-693 (for individuals).
  • Provide additional documentation such as proof of income, financial statements, and asset records.
  • Submit the required forms by mail or electronically, depending on the specific submission guidelines.

Working with a Tax Professional

Working with a tax professional may be beneficial for taxpayers facing complicated tax issues, such as multiple years of unfiled returns or disputes over the amount owed. Professionals can help:

  • Navigate the process of applying for an OIC or negotiating a payment plan.
  • Provide advice on how to manage tax debt and minimize penalties and interest.
  • Represent taxpayers in dealings with the Vermont Department of Taxes to help resolve any disputes.

Additional Options and Considerations for Resolving Tax Debt

This section can focus on practical advice and resources not covered in the earlier sections, offering more specific insights on tax debt resolution and related issues. It will also include a broader range of keywords, allowing us to address them non-redundantly.

Using Credit Card Payments for Vermont Tax Debt

Some taxpayers may make credit card payments to settle their Vermont tax debt. The Vermont Department of Taxes allows payments via third-party services that accept credit card transactions. However, it’s important to note:

  • Fees may apply when using this payment method.
  • The remaining balance on your credit card will accrue interest, so taxpayers should consider this option carefully.

Implications of an Open Bankruptcy Proceeding on Tax Debt

Taxpayers amid an open bankruptcy proceeding may be able to include their tax debt in the bankruptcy process. Sometimes, tax liabilities may be discharged or restructured as part of a bankruptcy plan. However:

  • Certain taxes may not be discharged, depending on the type and timing of the tax debt.
  • Taxpayers should seek legal counsel to understand how an open bankruptcy proceeding could affect their Vermont taxes.

Impact of Interest on Unpaid Taxes

When taxes remain unpaid, additional interest accumulates on the outstanding balance. The Vermont Department of Taxes determines the interest rates, and it continues to accrue as long as the debt remains unresolved. For taxpayers who are unable to pay the full amount upfront:

  • Interest will compound over time, increasing the total liability.
  • Proactively submitting a payment plan early can reduce the impact of additional interest and avoid more serious enforcement actions.

Eligibility for Vermont's Property Tax Credit Claim

Certain taxpayers may qualify for the property tax credit to reduce their liability. This is typically available to self-employed individuals, seniors, or low-income taxpayers who meet specific criteria. The eligibility requirements vary based on

  • The taxpayer's income level is a significant factor.
  • Whether the taxpayer resides in the property or owns it is another factor.
  • The proportion of paid property taxes to the taxpayer's income is also a factor.

The Role of Employers in Tax Collection

Occasionally, the employer plays a role in the tax collection process. This is particularly true for:

  • Wage garnishment: If the taxpayer’s wages are garnished to settle their tax debt, the employer must withhold the specified amount from the employee's paycheck and send it directly to the Department of Taxes.
  • Employers must also ensure tax payments are filed on time and reported accurately on forms like the W-2.

Filing Taxes and Meeting Deadlines

Timely filing and payment of taxes is crucial for avoiding collection actions. Due dates for filing returns and paying taxes vary, but failing to meet them may result in penalties and interest. It’s essential to:

  • Submit your tax returns on time and complete all required forms correctly.
  • Taxpayers should set reminders for key due dates to avoid missing deadlines, especially when using mail or submitting documents electronically.

Appealing Tax Assessments

If you disagree with the tax assessment, there are steps to appeal the decision. The Vermont Department of Taxes allows taxpayers to file an appeal within 60 days of receiving an assessment notice. The appeal process involves:

  • Completing specific forms to request a review formally.
  • Submit additional information or documentation to support your case.
  • The taxpayer can escalate the issue through further legal channels if the appeal is rejected.

Fees for Late Payments

Late payments are associated with fees that apply to outstanding tax liabilities. These fees can vary depending on the amount of debt and how long it has been overdue. Taxpayers should be aware of:

  • Late filing fees and penalties accumulate if taxes are not filed on time.
  • The compounding nature of interest and fees can significantly increase the debt over time.

Frequently Asked Questions (FAQs)

How do I know if I’m eligible for tax relief in Vermont?

To determine if you are eligible for tax relief programs in Vermont, review the specific criteria for options like payment plans or Offer in Compromise. Eligibility often depends on your income, filing history, and whether you can pay the full amount owed. Taxpayers who are self-employed or facing significant hardship may qualify for specific relief options.

Can a business in the State of Vermont apply for tax relief?

Yes, businesses in the State of Vermont can apply for relief options such as payment plans or an Offer in Compromise if they struggle with unpaid taxes. Business owners must file the appropriate forms and provide financial documentation to support their application. Self-employed individuals can also explore these options to settle their tax liabilities.

What should I do if I miss a business day for filing or payment?

Acting quickly is essential if you miss a business day for filing taxes or making a payment. The Vermont Department of Taxes may impose additional interest or penalties for late submissions. Be sure to submit your forms or payments as soon as possible to avoid further penalties. If you can’t pay the full amount, consider requesting a payment plan.

How does the IRS impact tax collections in Vermont?

The IRS primarily manages federal taxes, yet it can influence Vermont taxes when a taxpayer's federal liability is associated with state obligations. For instance, federal liens or garnishments may be used to enforce state debts. It’s important to stay current with both the state of Vermont and IRS obligations to avoid additional enforcement actions.

Can a person file an appeal for their tax assessment in Vermont?

Yes, a person can file an appeal within 60 days of receiving a tax assessment notice in Vermont. If you disagree with the assessment, you can request a review by completing the appropriate forms. If the Vermont Superior Court rejects your appeal, you can escalate it further by filing a formal appeal.

People or corporations that are tax debtors may find the Vermont Tax Collection Process exceedingly perplexing. However, taxpayers can alleviate their tension and better manage their responsibilities by being aware of what to do. The Vermont Department of Taxes must ensure that the state's tax laws are adhered to and that all tax debts are paid reasonably and timely.

The Department has a predetermined method of ensuring that the state receives the necessary revenue when individuals fail to pay their taxes. This process involves various phases, including assessments, notices, and collection activities, which become more severe if the debt is unresolved. Vermont residents should be aware that there are methods available to them to resolve their tax issues prior to being required to pay them.

Being proactive is crucial if you are experiencing difficulty paying your taxes. If you know the deadline for tax debt collection, your rights, and the methods available for payment, you can take the appropriate action. This article will provide an overview of the Vermont tax collection process and offer guidance on navigating it without complications. 

When Tax Debt Becomes Collectible in Vermont 

Tax debt in Vermont becomes officially collectible once the assessment is finalized. The process begins when the Vermont Department of Taxes identifies a potential discrepancy or unpaid liability. Taxpayers need to understand the timeline and steps involved to avoid any surprises as the Department works to collect the owed taxes.

Assessment Process

The first step in the tax collection process is identifying an unpaid liability or tax discrepancy. The Department will send a Notice of Intent to Assess (NOIA) to inform the taxpayer of the potential tax debt. This notice allows taxpayers to review the proposed assessment and respond accordingly.

Response Deadline

Taxpayers typically have between 20 and 60 days (depending on the notice) to challenge the assessment or provide additional information to dispute the tax liability. During this time, taxpayers can submit documentation supporting their case, request clarification, or address any mistakes.

If no response is made or the challenge is unsuccessful, the assessment becomes final, and the debt is officially due.

Final Assessment and Appeal

Once the assessment becomes final, taxpayers have a 60-day window to pay the full amount owed or file a formal appeal. This is a crucial period to take action—whether to pay the liability or prepare an appeal if the taxpayer believes the assessment is incorrect.

When Debt Becomes Collectible

If no payment is made or an appeal is filed within 60 days, the debt becomes officially collectible, and the case is referred to the Collections Division. At this point, the Department will begin pursuing enforcement actions, such as liens, levies, or garnishments, depending on the circumstances.

Being proactive during the initial stages of the tax collection process can significantly affect the interest and penalties accrued. Contacting the Vermont Department of Taxes early allows taxpayers to explore options before enforcement actions become necessary.

Vermont Tax Collection Timeline

The Vermont Department of Taxes follows a structured timeline for collecting unpaid tax liabilities. Understanding this timeline is essential for taxpayers to know when to act, what to expect, and how to prevent the escalation of enforcement actions. Below is a detailed breakdown of the typical stages in the Vermont tax collection process.

Day 1: Issuance of Notice of Intent to Assess (NOIA)

The process starts with issuing the Notice of Intent to Assess (NOIA). This document informs the taxpayer of a potential tax liability. The NOIA allows the taxpayer to review the proposed assessment, and they have between 20 and 60 days (as specified in the notice) to respond.

20-60 Days After NOIA: Response Deadline

Taxpayers can challenge the proposed assessment or provide additional information during this period. If they disagree with the evaluation, they should submit any supporting documentation to the Department. Responding promptly within the given timeframe is essential to avoid the assessment becoming final.

After the Deadline: Final Assessment

The assessment becomes final if the taxpayer fails to respond or their challenge is unsuccessful. The tax liability is officially confirmed, and the taxpayer has 60 days to either pay the full amount owed or appeal the decision.

0-60 Days After Final Assessment: Appeal Period

This 60-day period provides taxpayers with a final chance to file a formal appeal if they believe the assessment is incorrect. During this time, the taxpayer can also arrange for payment in full. If the taxpayer does not appeal or pay within this timeframe, the case is forwarded to the Collections Division for further action.

Post-60 Days: Case Forwarded to Collections

Once the 60-day appeal period expires, the debt becomes officially collectible. The Vermont Department of Taxes will transfer the case to the Collections Division, where enforcement actions will be initiated.

30+ Days After Collections Begins: Progressive Enforcement Actions

Suppose no payment is received or no payment plan is arranged. In that case, the Department will start implementing more severe enforcement actions, such as tax liens, bank levies, wage garnishments, and property seizures.

Ongoing: Continued Enforcement

The Department will continue its enforcement efforts until the debt is resolved. This may include additional actions, such as vendor payment offsets or tax refund offsets, which apply any future state tax refunds to the outstanding tax liability.

Throughout the entire process, interest and penalties accumulate on the unpaid debt. Therefore, the sooner taxpayers address the issue, the less they will ultimately pay in interest and penalties.

Enforcement Tools Available to Vermont Department of Taxes 

Once a tax debt becomes collectible in Vermont, the Department of Taxes has several enforcement tools to ensure payment. These tools are used progressively, starting with less severe actions and escalating if the debt remains unresolved. Here are the primary enforcement mechanisms the Department may use:

Tax Liens

A tax lien is a legal claim on a taxpayer’s property to secure payment for an unpaid tax debt. In Vermont, the Department may file a lien with the town or county clerk, which attaches to real and personal property. This lien:

  • This lien negatively impacts the taxpayer's credit score, making securing loans or selling property more challenging.
  • Establishes priority for the state over other creditors, meaning Vermont has the first claim on the property in the event of liquidation.
  • Remains in place until the debt is paid in full or becomes unenforceable due to the passage of time.

Tax Levies

A tax levy is the actual seizure of property to satisfy a tax debt. There are various types of levies the Department may use, depending on the situation:

  • Bank levies: The Department can seize funds directly from the taxpayer's bank account. The bank will hold the funds until the amount owed (including interest and penalties) is covered.
  • Property levies: In some cases, the Department may seize physical property such as vehicles, equipment, or other assets. These assets may then be auctioned to pay off the tax debt.
  • Refund offsets: If the taxpayer is due a state tax refund, the Department may automatically apply the refund to the outstanding debt.
  • Vendor payment offsets: If a taxpayer provides goods or services to the state, any payments due can be redirected to satisfy the tax debt.

Wage Garnishment

Under Vermont law, the Department can implement wage garnishment to collect overdue taxes. This involves the following steps:

  • The Department sends a notice to the taxpayer's employer, requiring them to withhold a portion of the taxpayer's wages and send it directly to the Department.
  • Wage garnishment continues until the debt is fully paid, with the employer typically withholding a portion of every paycheck.
  • Garnishments can begin 90 days after the assessment becomes final, allowing the Department time to attempt other collection methods.

License Revocation

Vermont law grants the Department the power to request the suspension or revocation of specific licenses. If a taxpayer has a business license or professional license, the Department may:

  • Request that the appropriate state agency revoke or suspend the license until the tax liability is resolved.
  • Prevent the issuance or renewal of licenses if the taxpayer is not in compliance with Vermont tax laws.

Publication of Delinquent Taxpayers

As part of its enforcement strategy, the Vermont Department of Taxes can publish the names, addresses, and tax liability amounts for taxpayers with the largest unresolved debts. According to 32 V.S.A. § 3102(m), the Department can publish:

  • The Department can list the top 100 taxpayers with the highest tax liabilities.
  • The top 100 business taxpayers with outstanding tax debt.

The Department publishes this list on its website, potentially impacting the taxpayer's reputation.

Outside Collection Agencies

In some instances, if the Department cannot contact the taxpayer directly due to incorrect address information or if the taxpayer fails to respond to notices, the Department may assign the debt to an outside collection agency. This means:

  • The taxpayer must work directly with the collection agency to resolve the debt.
  • Collection agencies can use additional methods, including phone calls and legal proceedings, to collect the outstanding tax balance.

Taxpayer Rights and Protections

While the Vermont Department of Taxes has significant enforcement powers, taxpayers are protected by rights to ensure that they are treated fairly and informed throughout the collection process. These rights aim to safeguard taxpayers' interests and provide opportunities for resolution before enforcement actions become severe.

Right to Be Informed

Taxpayers have the right to clear and timely information regarding their tax assessments and obligations. This includes:

  • They should receive written notifications about tax discrepancies, assessments, and proposed actions, such as liens or levies.
  • Access to written explanations of the tax laws that affect them and the procedures for contesting an assessment or appealing decisions.
  • They should receive guidance on their tax obligations, which include adhering to the law, filing returns, and making payments.

Taxpayers are entitled to this information in an understandable format to avoid confusion or misunderstandings.

Right to Challenge Assessments

If taxpayers disagree with a tax assessment, they can challenge it. This process includes:

  • Filing a formal appeal within 60 days of receiving a notice of assessment.
  • Present documentation and evidence supporting the taxpayer’s position, including financial records, proof of payment, or other relevant documents.
  • The taxpayer should request an informal meeting with a tax professional from the Department to request formal hearings.

Formal Hearing and Appeal Process

If a settlement cannot be reached through informal discussions, the taxpayer can request a formal hearing before the Commissioner of Taxes. The hearing will be conducted by a tax professional who will review the case and decide. If the taxpayer is not satisfied with the decision:

  • They can appeal to the Vermont Superior Court within 30 days of the Commissioner’s ruling.

Taxpayer Advocate Service

The Vermont Taxpayer Advocate is an independent entity within the Vermont Department of Taxes that exists to protect taxpayer rights. The Taxpayer Advocate provides several essential services, including

  • The Taxpayer Advocate provides free guidance to taxpayers struggling with tax issues that standard procedures haven't yet resolved.
  • The Taxpayer Advocate is an impartial resource to guarantee equitable treatment for taxpayers, particularly when the Department's actions could result in substantial hardship.
  • The Taxpayer Advocate assists with complicated issues, such as errors in tax returns, unresolved disputes, or long-term financial difficulties resulting from tax actions.

Taxpayers can contact the Taxpayer Advocate for help by calling (802) 828-6848 or emailing tax.taxpayeradvocate@vermont.gov.

Confidentiality Protections

Vermont law requires that taxpayer information remain confidential under most circumstances. Employees of the Department of Taxes are prohibited from disclosing any tax information unless authorized by law. This includes:

  • Personal income details and other sensitive data could harm the taxpayer’s privacy.
  • Penalties for disclosure: Any unauthorized release of taxpayer information could result in penalties for the individual responsible, including fines and imprisonment.

Statute of Limitations on Tax Collection

Under Vermont law, the statute of limitations for collecting unpaid taxes is generally six years. The Department must take action to collect taxes within six years of the due date or finalization of the assessment. However, if the Department files a tax lien, it may extend beyond this period and can often be renewed. Taxpayers must understand these limitations to know when their liability could expire.

Options for Resolving Tax Debt

When taxpayers cannot pay their full tax liability, Vermont offers several options to help resolve the debt. These options can prevent more severe enforcement actions and reduce the amount paid over time, including penalties and interest. By understanding the available pathways, taxpayers can make informed decisions about addressing their outstanding tax liabilities.

Payment Plans

For individuals and businesses that cannot pay their tax debt in full immediately, the Vermont Department of Taxes offers payment plans. This allows taxpayers to make monthly payments toward the debt, typically throughout one to two years. Here are the key points you should know about Vermont’s payment plans:

  • Interest continues to accrue on the unpaid balance, though penalties may be reduced or waived.
  • The taxpayer must complete a financial disclosure form to provide information about their income and assets, including Form TAX-692 for businesses or Form TAX-693 for self-employed individuals and wage earners.
  • Taxpayers must remain current with their payments to avoid further enforcement actions like wage garnishment or tax liens.

Offer in Compromise (OIC)

The Offer in Compromise is an option for taxpayers facing significant financial hardship who cannot pay the full tax debt. An OIC allows taxpayers to settle their debt for less than the full amount owed if certain conditions are met. There are three types of OICs:

  • Doubt as to Collectability: This is when it’s unlikely that the taxpayer could pay the full amount owed, even through a payment plan or liquidation of assets.
  • Doubt as to Liability: When there is doubt that the taxpayer owes part or all of the tax debt.
  • Economic Hardship: If paying the debt in whole would create extreme financial difficulty for the taxpayer.

To apply for an OIC, the taxpayer must:

  • Have filed all required tax returns.
  • Agree to remain compliant with future tax filings and payments.
  • Submit a good-faith payment equal to at least 5% of the debt owed (unless they qualify for low-income certification).
  • Include the appropriate Collection Information Statement (Form OIC-672 for businesses or OIC-673 for individuals).

Voluntary Disclosure Program

The Voluntary Disclosure Program is designed for taxpayers who have not filed required tax returns or have underreported income. This program encourages taxpayers to come forward voluntarily to resolve their outstanding obligations. The benefits include

  • The Department typically looks back only three years for business and income taxes.
  • Penalties may be reduced or waived, though interest will still apply.
  • To qualify, the taxpayer must contact the Department before being audited or investigated, file all required returns, and pay the taxes due.

How to Request an OIC or Payment Plan

To begin the process, taxpayers must submit the appropriate forms. These forms give the Department the necessary financial information to assess whether the taxpayer qualifies for an Offer in Compromise or a payment plan. Taxpayers should be prepared to:

  • File forms such as TAX-692 (for businesses) or TAX-693 (for individuals).
  • Provide additional documentation such as proof of income, financial statements, and asset records.
  • Submit the required forms by mail or electronically, depending on the specific submission guidelines.

Working with a Tax Professional

Working with a tax professional may be beneficial for taxpayers facing complicated tax issues, such as multiple years of unfiled returns or disputes over the amount owed. Professionals can help:

  • Navigate the process of applying for an OIC or negotiating a payment plan.
  • Provide advice on how to manage tax debt and minimize penalties and interest.
  • Represent taxpayers in dealings with the Vermont Department of Taxes to help resolve any disputes.

Additional Options and Considerations for Resolving Tax Debt

This section can focus on practical advice and resources not covered in the earlier sections, offering more specific insights on tax debt resolution and related issues. It will also include a broader range of keywords, allowing us to address them non-redundantly.

Using Credit Card Payments for Vermont Tax Debt

Some taxpayers may make credit card payments to settle their Vermont tax debt. The Vermont Department of Taxes allows payments via third-party services that accept credit card transactions. However, it’s important to note:

  • Fees may apply when using this payment method.
  • The remaining balance on your credit card will accrue interest, so taxpayers should consider this option carefully.

Implications of an Open Bankruptcy Proceeding on Tax Debt

Taxpayers amid an open bankruptcy proceeding may be able to include their tax debt in the bankruptcy process. Sometimes, tax liabilities may be discharged or restructured as part of a bankruptcy plan. However:

  • Certain taxes may not be discharged, depending on the type and timing of the tax debt.
  • Taxpayers should seek legal counsel to understand how an open bankruptcy proceeding could affect their Vermont taxes.

Impact of Interest on Unpaid Taxes

When taxes remain unpaid, additional interest accumulates on the outstanding balance. The Vermont Department of Taxes determines the interest rates, and it continues to accrue as long as the debt remains unresolved. For taxpayers who are unable to pay the full amount upfront:

  • Interest will compound over time, increasing the total liability.
  • Proactively submitting a payment plan early can reduce the impact of additional interest and avoid more serious enforcement actions.

Eligibility for Vermont's Property Tax Credit Claim

Certain taxpayers may qualify for the property tax credit to reduce their liability. This is typically available to self-employed individuals, seniors, or low-income taxpayers who meet specific criteria. The eligibility requirements vary based on

  • The taxpayer's income level is a significant factor.
  • Whether the taxpayer resides in the property or owns it is another factor.
  • The proportion of paid property taxes to the taxpayer's income is also a factor.

The Role of Employers in Tax Collection

Occasionally, the employer plays a role in the tax collection process. This is particularly true for:

  • Wage garnishment: If the taxpayer’s wages are garnished to settle their tax debt, the employer must withhold the specified amount from the employee's paycheck and send it directly to the Department of Taxes.
  • Employers must also ensure tax payments are filed on time and reported accurately on forms like the W-2.

Filing Taxes and Meeting Deadlines

Timely filing and payment of taxes is crucial for avoiding collection actions. Due dates for filing returns and paying taxes vary, but failing to meet them may result in penalties and interest. It’s essential to:

  • Submit your tax returns on time and complete all required forms correctly.
  • Taxpayers should set reminders for key due dates to avoid missing deadlines, especially when using mail or submitting documents electronically.

Appealing Tax Assessments

If you disagree with the tax assessment, there are steps to appeal the decision. The Vermont Department of Taxes allows taxpayers to file an appeal within 60 days of receiving an assessment notice. The appeal process involves:

  • Completing specific forms to request a review formally.
  • Submit additional information or documentation to support your case.
  • The taxpayer can escalate the issue through further legal channels if the appeal is rejected.

Fees for Late Payments

Late payments are associated with fees that apply to outstanding tax liabilities. These fees can vary depending on the amount of debt and how long it has been overdue. Taxpayers should be aware of:

  • Late filing fees and penalties accumulate if taxes are not filed on time.
  • The compounding nature of interest and fees can significantly increase the debt over time.

Frequently Asked Questions (FAQs)

How do I know if I’m eligible for tax relief in Vermont?

To determine if you are eligible for tax relief programs in Vermont, review the specific criteria for options like payment plans or Offer in Compromise. Eligibility often depends on your income, filing history, and whether you can pay the full amount owed. Taxpayers who are self-employed or facing significant hardship may qualify for specific relief options.

Can a business in the State of Vermont apply for tax relief?

Yes, businesses in the State of Vermont can apply for relief options such as payment plans or an Offer in Compromise if they struggle with unpaid taxes. Business owners must file the appropriate forms and provide financial documentation to support their application. Self-employed individuals can also explore these options to settle their tax liabilities.

What should I do if I miss a business day for filing or payment?

Acting quickly is essential if you miss a business day for filing taxes or making a payment. The Vermont Department of Taxes may impose additional interest or penalties for late submissions. Be sure to submit your forms or payments as soon as possible to avoid further penalties. If you can’t pay the full amount, consider requesting a payment plan.

How does the IRS impact tax collections in Vermont?

The IRS primarily manages federal taxes, yet it can influence Vermont taxes when a taxpayer's federal liability is associated with state obligations. For instance, federal liens or garnishments may be used to enforce state debts. It’s important to stay current with both the state of Vermont and IRS obligations to avoid additional enforcement actions.

Can a person file an appeal for their tax assessment in Vermont?

Yes, a person can file an appeal within 60 days of receiving a tax assessment notice in Vermont. If you disagree with the assessment, you can request a review by completing the appropriate forms. If the Vermont Superior Court rejects your appeal, you can escalate it further by filing a formal appeal.