Sunday, October 4, 2009

Working With the IRS Levy

An IRS levy is a form of collection involving seizure of assets. Often a levy will apply to wages or a bank account, but in extreme cases it can also be applied to real estate property. The IRS must send balance due notices and a "Final Notice of Intent to Levy and Your Right to a Hearing" letter at least 30 days prior to levying. This notice will be mailed or dropped off at the tax payer's last known home address or place of business.

IRS levies are a tool to get a tax payer's attention. For a case to come to the point of a levy a tax payer will have been notified of the balance due and failed to resolve the matter voluntarily. Bear in mind - the IRS will collect one way or another.

How Does A Bank Levy Work?

A bank levy is a one time seizure of the funds in a tax payer's accounts. At the time the levy is issued to the bank, any balance in the account is frozen for 21 days. When this period has expired the frozen funds will be taken and applied to the tax debt. At this point the funds are gone and cannot be released. However, the tax payer has this 21-day period to resolve the matter with the IRS before the funds are actually taken.

How Does A Wage Levy (Garnishment) Work?

This type of levy is continuous in many cases, and is usually 30-70% of the gross pay. This can be devastating and can leave one's life seriously changed. A notice of levy is sent to the employer, and failure to comply on the employer's part can result in legal consequences.

Levies for contract wages (1099-MISC) are usually one time, as there is no guarantee that the tax payer will continue work there.

Appealing the Levy

There is no illegal levy by IRS, per se, but IRS mistakes are made from time to time. A levy can be appealed via a Collection Due Process hearing. Grounds for appeal include:

  • The IRS assessed the tax and sent the notice while you were in bankruptcy
  • The IRS made an error in the assessment
  • The statute of limitations expired before the levy notice
  • You paid the tax in full before the notice was sent
  • You wish to make a spousal defense
After the appeals hearing determination is reached, a tax payer has 30 days to contest it. If he/she wishes to do so, a manager can explain the rights to appeal within the Office of Appeals.


How Can I Stop a Garnishment or Levy?

If it's a bank levy, it will end after the 21-day period passes and the funds are taken. Additional bank levies are separate and are not continuous. Wage levies, however, will continue until:

  • The levy is released by the IRS (usually by negotiation)
  • You've paid the tax debt
  • The statute of limitations expires
If you can prove that the levy is causing financial hardship, the IRS may consider releasing the levy. It can also be released when an agreement to resolve the debt is created.


Brian Watkins is a former Account Executive at Effectur, Inc (http://www.Effectur.com) He coordinated the efforts of enrolled agents and other professionals to resolve client tax matters, managing roughly 180 cases. With first-hand customer and IRS experience, Brian aims to educate others as a writer for Effectur. Please also visit his blog, http://TaxSolace.Blogspot.com for further tax information and guidance.

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