Stopping an IRS Tax Levy: Essential Steps for Levy Release

Taxes can be complicated and stressful, especially when you face “IRS tax levy.” A tax levy, simply put, is a legal seizure of your property to satisfy a tax debt. It’s a financial hitch no one wants to encounter, but it’s important to understand what it means.

When the IRS issues a tax levy, it can take a range of forms, including garnishing your wages, seizing your assets, or claiming the money directly from your bank account, known as an IRS bank levy. Now, that may sound quite serious, and indeed it is. It is one of the last resorts the IRS uses to collect outstanding tax debts.

But before you panic, let’s make something clear: the IRS usually doesn’t resort to a tax levy without first seeking to resolve the debt in other ways. It’s not a surprise attack; the IRS will typically send you notices, give you opportunities to respond and work with you to settle the debt.

So while the words “IRS tax levy” might sound intimidating, being informed about what it is and how it works is the first step in dealing with it successfully. Let’s explore this topic in more depth to help you better understand and handle the situation if it ever arises.

Understanding IRS Tax Levies: What You Need to Know

Have you received a notice about an IRS tax levy and found yourself in a frenzy, not sure what it means or what to do? Take a deep breath. Let’s break it down and understand it together.

An IRS tax levy is an enforced collection mechanism, where the IRS legally seizes your property to pay off your tax debt. It’s the IRS’s way of getting your immediate attention. What they are saying is, ‘We have tried to communicate with you, but you have ignored us. We need to have a serious discussion about your tax debt, and we’ve got your attention now, don’t we?’

There are different types of tax levies, one of which is an IRS bank levy. This is when the IRS contacts your bank and requires them to freeze all the funds in your accounts for 21 days. During this time, you can negotiate with the IRS or pay your tax debt to avoid the bank levy. If you do not take any action during the 21-day period, the IRS will be able to seize the funds in your account and use them to pay your debt.

There are a few exceptions to the 21-day waiting period. For example, if you have less than $1,500 in your account, the IRS can seize the funds immediately. Additionally, if you are receiving Social Security benefits, the IRS can only seize up to 15% of your monthly benefit.

You’re probably wondering, how to stop an IRS tax levy? Well, the best way to stop a tax levy is to act promptly. The moment you receive a notice from the IRS, contact a tax professional. There are various methods to stop a tax levy, including arranging a payment plan with the IRS, proving financial hardship, or challenging the levy.

Recognizing Levy Triggers: Avoiding Situations that Lead to IRS Levies

When you’re dealing with the IRS, you definitely want to stay clear of certain triggers that could lead to a levy. An IRS levy is a lawful seizure of property or assets to satisfy a tax debt. Once the IRS levies, it can seize and sell any type of real or personal property that you hold. Let’s take a look at what might trigger an IRS levy and how you can avoid it:

  1. Neglecting or Refusing to Pay Tax Debts: The most straightforward trigger of an IRS levy is simply neglecting or refusing to pay your tax debts. It’s essential to pay your taxes on time or get on a payment plan if you cannot afford your tax liability in a lump sum.
  2. Ignoring or Not Responding to IRS Notices: If you’ve received multiple notices from the IRS about outstanding tax debt and failed to respond or pay, this could signal the IRS to proceed with a levy. Never ignore IRS correspondence, and always respond promptly and proactively.
  3. Failing to Make Payments on an Installment Agreement or Offer in Compromise: If you’ve agreed to a payment plan with the IRS and fail to make payments, or if you’ve settled your tax debt for less than the amount you owe (an offer in compromise) and don’t meet the terms of that agreement, the IRS may enforce a levy.
  4. Submitting False Tax Returns: Intentionally providing false information on your tax returns is a surefire way to attract IRS scrutiny. If the IRS believes you have fraudulently reported your taxes, they may respond with a levy.
  5. Refusing to Make Arrangements to Settle Tax Debt: If you owe taxes and refuse to make any arrangements with the IRS to settle the debt, this may also trigger a levy.

To avoid an IRS levy or garnishment, pay your taxes on time, respond to all IRS notices, stick to the terms of any tax debt settlement agreements, and ensure your tax returns are accurate. Remember, if you’re struggling with tax debt, seeking help from a tax professional can help you navigate these complex situations and offer strategies on how to avoid IRS levy.

Receiving a notice from the IRS, especially a Notice of Intent to Levy, can be nerve-wracking. However, it’s essential to stay calm. The IRS sends these notices to get your attention and prompt you into taking action regarding your tax liability.

  • Understand What the Notice Means: The ‘Notice of Intent to Levy’ is a final warning sent by the IRS before they start the process of seizing your assets. This might include garnishing your wages, claiming your property, or withdrawing funds directly from your bank account. Understanding the severity of the notice is the first step toward resolving the issue.
  • Don’t Ignore the Notice: Ignoring the Notice of Intent to Levy is never a good strategy. The IRS will not simply forget about your tax debt. In fact, failing to respond will likely result in the IRS proceeding with the levy.
  • Review Your Tax Situation: Take time to review your tax records and understand the tax liability leading to the notice of levy IRS. Are the unpaid taxes correct? Were there any errors on your tax return that might have led to an inflated tax bill?
  • Seek Professional Help: Dealing with the IRS and understanding tax laws can be overwhelming. This is where professional help comes in. Hiring a tax professional who is experienced in IRS levy appeals can guide you through the process, ensuring you take the necessary steps to prevent a levy.
  • File an IRS Levy Appeal: If you believe the IRS made an error, or you have already paid the taxes, you can file an IRS levy appeal. You can also appeal if you were in bankruptcy when the notice was sent, or the statute of limitations for collecting the tax expired. Again, a tax professional can be instrumental in helping you file an appeal.
  • Negotiate a Payment Plan: If the tax liability is accurate and you cannot afford to pay the amount due in full, negotiate a payment plan with the IRS. There are various payment arrangements available depending on your financial situation.
  • Act Promptly: The key to successfully dealing with a Notice of Intent to Levy is to act promptly. Typically, you have 30 days from the date of the notice to either pay the tax liability or make other arrangements with the IRS.

Dealing with a Notice of Intent to Levy doesn’t have to be a daunting task. Taking prompt action and seeking professional help can steer you toward the resolution of your tax issue, preventing a potentially stressful and financially damaging levy by the IRS.

Requesting a Collection Due Process Hearing: Contesting an Impending Levy

When facing an impending levy from the IRS, requesting a Collection Due Process (CDP) hearing can be a lifeline. This legal provision offers you the chance to contest the levy and present alternative solutions. Here are some essential steps you need to take:

  1.  Understand the Notice: The IRS will send you a final notice of intent to levy. Understand the purpose and the implications of this notice before proceeding further.
  2. Get IRS Form 12153: The key to requesting a CDP hearing is IRS Form 12153, “Request for a Collection Due Process or Equivalent Hearing”. You can download this form from the IRS website.
  3. Complete the Form: Fill out IRS Form 12153 with accurate details. Specify the tax period and type of tax involved. Clearly state why you disagree with the proposed levy.
  4. Present an Alternative: The IRS is open to hearing alternative plans for the repayment of your tax debt. Options could include an installment agreement, Offer in Compromise, or proving that you’re not liable for the tax debt.
  5.  Submit the Form: Once completed, mail the form to the address specified on the levy notice. Make sure you send it within 30 days of receiving the final notice.
  6.  Await the Hearing: After you’ve submitted the form, wait for the IRS to schedule your CDP hearing. This process might take a few weeks, so be patient.
  7. Prepare for the Hearing: During the hearing, you will have the opportunity to present your case. Make sure to prepare thoroughly, gather any supporting documents, and consider hiring a tax professional for representation.

The Collection Due Process hearing is a critical opportunity for taxpayers facing an impending levy. It’s your chance to present alternatives and potentially avoid the levy. However, this process can be complicated, so consider seeking professional assistance to ensure your best interests are represented.

Negotiating a Levy Release: Seeking Relief from IRS Wage Garnishment

If you face a tax levy garnishment, also known as IRS wage garnishment, you know the stress and financial strain it can cause. But don’t worry, you still have options. So, how to prevent IRS wage garnishment? Here are some steps you can take to negotiate a levy release and prevent IRS wage garnishment:

  • Get Informed
    Understand what IRS wage garnishment is and why it has been imposed. This is a legal process where the IRS instructs your employer to withhold a specific portion of your paycheck to cover unpaid taxes. It’s a last-resort action used by the IRS to collect tax debt.
  • Pay Your Tax Debt in Full
    This might seem obvious, but the quickest way to end an IRS garnishment is to pay off your tax debt in full. If you can manage this, the IRS will immediately release your wage garnishment.
  • Set Up a Payment Plan
    If you can’t afford to pay your debt in full, you could negotiate a monthly payment plan with the IRS. Once this agreement is in place and you start making payments, the IRS may lift the wage garnishment.
  • Submit an Offer in Compromise
    An Offer in Compromise is an agreement between you and the IRS to settle your tax debt for less than what you owe. If accepted, not only will the garnishment stop, but you will also be free of your original tax debt.
  • Prove Financial Hardship
    If the garnishment is causing you financial hardship, meaning you’re unable to meet basic living expenses, you may qualify for a temporary halt to the IRS wage garnishment.
  • Seek Professional Help
    Managing an IRS garnishment can be a complex and stressful process. An experienced tax professional or attorney can guide you through the steps and potentially negotiate a more favorable resolution with the IRS.

When it comes to an IRS garnishment, time is of the essence. The sooner you act, the more options you have to negotiate a resolution and prevent IRS wage garnishment from further affecting your financial well-being.

Submitting an Offer in Compromise: Settling Tax Debt to Halt Levies

Finding yourself in a situation with overwhelming tax debt can be scary, but the IRS does provide a lifeline – Offer in Compromise (OIC). This agreement between you and the IRS allows you to settle your tax debt for less than the full amount owed, helping you halt levies and regain control of your financial life. But, how to get an offer in compromise approved? Well, it partly depends upon how much proof of the situation you have. Here are key steps on how to submit an Offer in Compromise to the IRS and potentially get your offer approved:

  1. Understand the Offer in Compromise (OIC) Process
    Before you embark on the journey of submitting an Offer in Compromise to the IRS, it’s crucial to fully understand what it involves. An OIC is not a guaranteed solution and it’s usually only approved in circumstances where the IRS believes the offered amount is the most they can expect to collect within a reasonable period.
  2.  Analyze Your Financial Situation
    The IRS considers your ability to pay, income, expenses, and asset equity when determining your eligibility for an OIC. It’s critical to take a detailed look at your finances to assess whether you might qualify.
  3. Fill Out the Necessary IRS Forms
    Submitting an Offer in Compromise to the IRS requires several forms. This includes Form 656, ‘Offer in Compromise,’ and Form 433-A (OIC), ‘Collection Information Statement for Wage Earners and Self-Employed Individuals,’ or Form 433-B (OIC), ‘Collection Information Statement for Businesses.’ These forms allow you to detail your financial situation to the IRS.
  4. Submit Your Offer
    With your forms completed, it’s time to submit your offer. You’ll also need to pay an application fee and provide an initial payment, which varies based on the payment option you choose.
  5. Wait for Response from the IRS
    After submission, the IRS will review your OIC. This can take time – anywhere from 6 months to 2 years. During this period, it’s crucial to stay in compliance with all tax obligations, as failure to do so can lead to your offer being rejected.
  6. Understand Possible Outcomes
    The IRS can accept your offer, reject it, or return it if it’s missing necessary information or you’re not current with all filing and payment requirements. If your offer is rejected, you have the right to appeal the decision within 30 days.

Getting an IRS offer in compromise approved can be a complex and lengthy process, but with thorough preparation and patience, settling tax debt can be a viable possibility. It’s recommended to seek advice from tax professionals to help navigate this process successfully.

Exploring Installment Agreements: Managing Tax Debt through Payments

When dealing with a significant tax debt, it may seem like a mountain too high to climb. However, the IRS offers various methods to help taxpayers manage their tax obligations, one of them being the installment agreement. This plan is designed to allow individuals to pay off their tax debt over time, in manageable chunks. Here’s what you need to know about managing your tax debt through payments:

  1. Understanding Installment Agreements: At its core, an installment agreement is an IRS debt payment plan, designed to make it easier for taxpayers to clear their outstanding tax debts. It allows you to make monthly payments until your debt is paid in full, rather than having to pay one lump sum.
  2. Types of Installment Agreements: Depending on the size of your tax debt and your specific circumstances, you could qualify for different types of installment agreements. For instance, there are guaranteed installment agreements, streamlined installment agreements, and partial payment installment agreements, each with their own set of rules and requirements.
  3. Applying for an Installment Agreement: The process of setting up an IRS tax debt payment plan involves filling out specific forms and providing detailed financial information. If your owed amount is less than $50,000, you can even apply online via the IRS’s Online Payment Agreement tool.
  4. Adhering to Your Installment Agreement: Once your application is approved, it’s crucial to stick to the agreed payment schedule. Falling behind on your payments could lead to default and potential penalties. It’s always advisable to pay more than your minimum monthly payment when possible, to clear your debt faster.
  5. Impact on Interest and Penalties: While paying taxes in installments can make your tax debt more manageable, it’s worth noting that interest and penalties continue to accrue on the unpaid portion of your debt until it is fully paid.
  6. Changes to Your Financial Situation: If your financial situation changes significantly during your installment agreement, you may be able to renegotiate the terms. This could mean increasing your monthly payment if your income has risen, or decreasing it if you’ve had a financial setback.

In conclusion, while an installment agreement can be a viable solution to manage a large tax debt, it’s not without its complexities. Always consider seeking the help of a tax professional to understand your options and ensure you’re on the best possible path to resolve your tax debt.

Proving Financial Hardship: Qualifying for Currently Not Collectible Status

Experiencing financial hardship is tough, and having to deal with the IRS on top of it can feel like an overwhelming burden. However, it’s essential to know that the IRS has provisions in place for those undergoing financial difficulties. One such provision is the ‘Currently Not Collectible’ (CNC) status.

  1. Understanding Currently Not Collectible (CNC) Status
    If you’re unable to pay your taxes, you might qualify for the IRS hardship status, also known as Currently Not Collectible status. This status means the IRS has determined you can’t afford to pay any of your tax debt without causing significant financial hardship. While in this status, the IRS generally won’t attempt to collect your taxes through actions like levies or garnishments.
  2. Proving Financial Hardship
    To qualify for the IRS hardship status, you need to prove that paying your tax debt would cause you significant financial distress. This could be due to unemployment, medical bills, or other financial obligations.
  3. The Impact of IRS Levy
    If the IRS has already issued a levy against your property or wages, and it’s causing hardship, it’s crucial to act quickly. You can apply for the IRS levy causing hardship status, which could potentially release the levy and halt further collection activities.
  4. Applying for Currently Not Collectible Status
    To apply for the IRS currently not collectible status, you’ll need to submit a Collection Information Statement (Form 433-F, 433-A, or 433-B), which provides detailed information about your income, expenses, assets, and liabilities.
  5. Staying in Compliance
    Remember, even if the IRS grants you CNC status, it doesn’t erase your tax debt, and interest and penalties will continue to accrue. However, the IRS won’t attempt collection action. During this time, it’s crucial to stay in compliance by filing all future tax returns on time.

Facing financial hardship is challenging, but the IRS offers relief options like the CNC status. If you’re feeling overwhelmed, consider seeking help from a tax professional. They can guide you through the process and increase the chances of a successful application for Currently Not Collectible status.

Seeking Professional Representation: Getting Expert Help to Stop Levies

When the IRS puts a tax levy on your assets, it can feel like your world is closing in. Suddenly, your hard-earned money and possessions are at risk of being taken away. This can be an overwhelming and confusing time, but don’t worry, you’re not alone. Professional help is available and can be vital in helping to stop an IRS tax levy.

  1. Expert Guidance: Professionals offering IRS tax levy help have an in-depth understanding of tax laws and IRS procedures. They can guide you through the complex process and advise on the best course of action to take.
  2. Negotiation Skills: Experienced professionals have the necessary negotiation skills to deal directly with the IRS on your behalf. They can work towards finding a suitable resolution that may potentially reduce the amount you owe or set up a feasible payment plan.
  3. Time and Stress Saving: Dealing with a tax levy can consume a significant amount of time and cause a great deal of stress. By getting professional help, you can delegate this task and focus on other important areas of your life.
  4. Prevent Further Action: The sooner you seek professional help, the better your chances to stop IRS tax levy actions before they escalate. Quick action often leads to more available solutions.
  5. Legal Protection: Some IRS issues may require legal representation. Tax attorneys can provide the necessary legal help, represent you in court if needed, and ensure your rights are protected throughout the process.

Navigating the IRS maze is never easy, but professional assistance can turn the tables in your favor. From understanding the nuances of your situation to negotiating with the IRS, their expertise can prove invaluable. So, if you’re feeling lost, remember, help is available. Don’t let a tax levy control your life, take the first step towards resolution today.

Author

Mr. Joshua A. Webskowski

Joshua specializes in successfully resolving cases in all areas of tax resolution including liens, levies, & other IRS collections cases.

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