Understanding IRS Collection Standards in Kendall County, TX
When the IRS initiates enforced collection actions, such as wage or bank levies, your ability to pay is assessed through Form 433-A, 'Collection Information Statement for Wage Earners and Self-Employed Individuals.' The IRS uses National and Local Collection Financial Standards to determine your allowable monthly living expenses, calculating your disposable income. For a single individual in Kendall County, TX, the National Standard for Food, Clothing, and Other Necessities is $812 per month, derived from Bureau of Labor Statistics Consumer Expenditure Survey data. While specific IRS local housing standards are not provided for Kendall County, TX, your actual necessary housing expenses will be evaluated. If your allowable expenses exceed your income, the IRS may determine that an economic hardship exists, as outlined in Internal Revenue Code (IRC) §6343(a)(1)(D), potentially leading to levy release or Currently Not Collectible (CNC) status. This critical data, sourced from IRS.gov, BLS, and US Census Bureau, empowers taxpayers to negotiate effectively.
Kendall County Housing & Utilities Allowance vs. HUD Fair Market Rent
For taxpayers in Kendall County, TX HUD Metro FMR Area, the IRS Collection Financial Standards do not provide a specific Local Standard for Housing and Utilities. However, this absence does not mean you cannot claim your actual necessary housing expenses. The U.S. Department of Housing and Urban Development (HUD) Fair Market Rent (FMR) data offers a strong benchmark for reasonable housing costs in your area, such as $1220.0 for a Studio, $1280.0 for a 1-bedroom, $1590.0 for a 2-bedroom, $2070.0 for a 3-bedroom, and $2230.0 for a 4-bedroom property. If your actual, necessary housing expenses exceed the general IRS standards (when available) or even if there isn't a specific standard, you can argue for a deviation based on your unique circumstances, as permitted by Internal Revenue Manual (IRM) 5.15.1.10. Emphasizing that your actual rent, for example, a 2-bedroom at $1590.0, aligns with local FMR strengthens your argument for a higher allowable expense. Unfortunately, regional Shelter CPI data for Kendall County, TX is not available from the Bureau of Labor Statistics for a direct year-over-year comparison.
Food, Healthcare & Transportation Allowances
Beyond housing, the IRS allows for other essential living expenses. The National Standards for Food, Clothing, and Other Necessities, based on the Bureau of Labor Statistics Consumer Expenditure Survey, provide specific monthly allowances: $812 for a 1-person household, $1478 for 2-persons, $1697 for 3-persons, and $1983 for 4-persons, with an additional $357 for each subsequent person. Healthcare expenses are also standardized, derived from the Medical Expenditure Panel Survey, allowing $75 per person under 65 and $153 per person aged 65 and over. Transportation allowances in Kendall County, TX are based on IRS Local Standards, incorporating Bureau of Labor Statistics data and American Automobile Association operating costs. For a single vehicle, the ownership cost is $588 per month, with an additional $270 for operating expenses in this region, totaling $858 per month. For two vehicles, the total allowance is $1176 for ownership plus $270 for operating, reaching $1446 monthly. These specific allowances are crucial for demonstrating your financial inability to pay your tax debt.
Qualifying for Currently Not Collectible (CNC) Status in Texas
Achieving Currently Not Collectible (CNC) status in Texas means the IRS has determined you cannot afford to pay your tax debt without experiencing financial hardship. To qualify, you must file Form 433-A, 'Collection Information Statement,' detailing all your income, assets, and expenses. The IRS will compare your total allowable monthly expenses against your income. For a single filer in Kendall County, TX, this might involve combining a reasonable housing expense like the 1-bedroom HUD Fair Market Rent of $1280.0, with the $812 National Standard for Food, Clothing, and Other, $75 for healthcare (under 65), and $858 for transportation (one car ownership and operating costs), totaling $3025.0 in basic allowable expenses. If your income does not exceed this amount, you may qualify for CNC. Internal Revenue Manual (IRM) 5.16.1 outlines the procedures for placing an account into CNC status, which typically results in the release of any existing IRS levies under IRC §6343. Importantly, while in CNC status, the IRS generally ceases collection efforts, but it does not stop the Collection Statute Expiration Date (CSED) from running, which is the 10-year limit the IRS has to collect tax debt under IRC §6502.