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IRS TAX LEVY 

An IRS Levy is another form of Collections action similar to a Lien, except that whereas a Tax Lien is a declaration that the IRS has a claim on a taxpayer's assets due to a tax debt, a Tax Levy is effectively a seizure of certain assets in order to satisfy that tax debt.  A Levy is most frequently placed on relatively liquid assets, such as bank accounts and securities, but the IRS can and will sometimes Levy real and physical property, such as a taxpayer's house, car, boat, etc. In addition, the IRS may also Levy a person's wages and/or a business's Accounts Receivable. In the case of a Wage Levy, the IRS will contact the payroll department of the taxpayer's employer and request that they withhold a portion of that taxpayer's wages or salary and pay it directly to the IRS instead - and the employer has no authority to refuse.  

The IRS will issue a Levy only after they have assessed the liability and sent the taxpayer a Notice and Demand for Payment; if the taxpayer subsequently neglects to respond or refuses to pay, then a Notice of Intent to Levy is sent at least 30 days before the Levy goes into effect. This notice acts as a final warning. If the 30 days lapse without the debt having been repaid, the Tax Levy takes effect. When the IRS Levies a bank account, the bank is obligated to place a hold on the funds for 21 days, after which the money must be sent to the IRS as payment against the tax debt. 


IRS Levy Release

A Levy is a legal seizure of assets to satisfy a tax debt. Although it is possible to have a Tax Levy released, because of the time sensitivity of the matter it is necessary to act quickly. To learn more about Releasing an IRS Tax Levy, take advantage of our FREE Consultation:

 

 

 

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RELEASING AN IRS TAX LEVY

It is possible to have an IRS Tax Levy released, and the affected assets returned to the taxpayer, but this generally requires either entering into some kind of repayment agreement or proving that the Levy is creating an Economic Hardship. (Note: It is not an Economic Hardship just because you find it inconvenient - to qualify for a Hardship Deferment you must show that the Levy is inhibiting your ability to meet the basic necessities of living.) If a taxpayer decides to file an Offer in Compromise or set up a Payment Plan, then the IRS will usually lift their Tax Levy while the paperwork is completed, submitted and reviewed. It is also possible to dispute the Levy if the taxpayer feels that it has been assessed in error.

An IRS Tax Levy can be financially damaging because of the hindrance it puts on a person's cash flow and available funds. Ironically, this will often make the tax debt that much more difficult to repay. In fact, the main incentive the IRS has for releasing a Tax Levy is that doing so may increase their chances of collecting the debt.  Essentially, the taxpayer must demonstrate what's in it for the Feds.

If you have received a Notice of Intent to Levy, DO NOT put it off. Lifting a Levy is a time-sensitive matter and must be accomplished quickly, as a first step toward reaching a reasonable settlement with the IRS. #1 Tax Relief is highly effective at petitioning the IRS to lift Tax Levies. In an emergency situation we may even be able to obtain a successful release within 48 hours, allowing you to re-access bank accounts and end wage garnishment.