The IRS defines a levy as a legal seizure of your property to satisfy a tax burden. You may have heard of a property lien, which is different from a levy. A lien is a legal claim against a property to ensure payment of back taxes. A levy is actually satisfying the tax burden by taking the property in lieu of payment. The Internal Revenue Code can levy a lien, unless that property is initially exempt from levy by the IRC.
How to Avoid a Levy
The main thing is to pay your taxes and file your returns on time. If you do find yourself in a situation where you are struggling to pay them, or need more time, make sure to take advantage of the resources available. File extensions for your returns on time, and if you can’t pay what you owe, pay what you can and work with the IRS to resolve the rest. The tax professionals at Tax Relief USA can be your resource for this resolution process. They will be able to answer any and all questions you have, and be your voice between you and the IRS. Hiring them could be the best way to avoid a levy. Be proactive, and don’t avoid your situation, and it will save you in the long run.
The importance of filing and paying on time is more than just avoiding a levy. Failing to meet deadlines can accrue penalties and fees by the IRS. If you are eligible for an installment plan, there are still user fees that go into effect depending on the amount owed and the situation. Needless to say, avoiding payment or missing payment can end up being more costly to you. The biggest mistake you can make is avoiding or not responding to IRS billing notices. Even if you believe you do not owe what they say, always work with your tax professional and the IRS to resolve. Tax Relief USA can help in the appeal or negotiation process. Don’t go it alone!
When Can the IRS Issue a Levy?
If you don’t pay your taxes, or have arranged to resolve tax burdens, the IRS can determine a levy as the next appropriate action. The IRS can levy any property you own, or right to property you own.
BUT, the IRS will generally not issue a levy until three things happen.
- You tax is assessed and the IRS sends you a Notice and Demand for Payment (tax bill)
- You ignored the bill or declined to pay
- You are sent a Final Notice of Intent to Levy and Notice of Your Rights to A Hearing 30 days before the levy. This is an official levy notice, and it may be sent to your home, office, or last known address.
If you do receive an IRS bill titled Final Notice, Notice of Intent to Levy and Your Right to A Hearing, contact the IRS and your tax representative, if you have one, right away. There should be a number to contact on your billing notice, or simply call the IRS directly 1-800-829-1040.
How a Levy Gets Released
You can contact the IRS and request a levy release, but it must be determined that any of the following are true:
- The levy is creating an immediate economic hardship, meaning it’s preventing you from meeting basic, reasonable living expenses, or
- The value of the property is more than what you owe, so releasing the levy will not affect the ability of the IRS to collect the amount due
- You already paid the amount you owe the IRS
- A levy release will help you pay your taxes
- You’ve entered an installment agreement and the terms disallow the levy to continue
- The period for collection ended before your levy was issued
If the levy on your property is released, this does NOT mean your tax burden is resolved. Arrangements must still be made immediately to resolve the issue.
How to Comply with a Levy Against an Employee, Vendor, or Other Third Party
If you are notified that one of your employees, customers, or third party vendors have a levy against them, the IRS will send instructions on how to comply with the levy. Employers must hand over control to any assets that belong to the person with the levy against them. This may be wages, bonuses, commissions, fees, etc.
If you are the employer, you will receive a Form 668-W(ICS) or 668-W(C)DO, which will explain the levy and what must be withheld. Employers will generally be given a full pay period after receiving the form to send any funds from the employee’s wages to the IRS. There may be some exemptions of the levy, which, in the case of wages, must be paid to the employee. The IRS forms will explain how to calculate that amount determined.
In the case of levies on banks or credit unions, the IRS will allow 21-days before the bank must comply. This period allows the taxpayer ample time to contact the IRS and make arrangements to pay or determine errors in the levy.
Wage vs Bank Levies
A levy on your wages means a portion of your wages will be sent to the IRS each pay period until you pay your overdue taxes or make arrangements to pay, or the levy is released. Exemptions to the levy on your wages will be based on standard deduction and a calculated amount based on the number of dependents you are allowed for that year. You employer will be clued in and sent a form to determine any exempt amount. They will then provide you with the Statement of Dependents and Filing Status that you, the employee, must complete and give back within three days. If you do not, your exemptions will be determined for you, including a levy on any other income sources you may have.
A bank levy, on the other hand, is against a bank account. The funds in your account, or accounts associated with your name, will be frozen as of the date the levy is received. Funds added to the accounts after that date, will likely not be affected. It is possible your bank charges you fees for processing levies.
In special instances like having legal fees or child support taken out of your paycheck you must request an exemption through the IRS. For bank accounts where you are the co-signer or power of attorney on, ensure those are exempt from the levy as well, if the others on those accounts need that money.
How to Get My Seized Property Back
If you find yourself having your property seized, you’re likely wondering if this is the end. First, once the IRS seizes your property, they will sell the interest and apply the proceeds to your back taxes. Next is the selling of the actual property, which will get a minimum bid price calculated in which you will receive a copy of, and be given the opportunity to challenge the market value. You will receive a notice of sale, and the pending sale will be announced publicly through various media like local papers or flyers. The IRS will generally wait at least 10 days to sell the property, and once a sale is finalized, those proceeds will go to your back taxes. Anything left over, will be available for you to get a refund.
When your property is seized, you should immediately contact the IRS to resolve any tax liability, followed by a request to release your seized property. If your request for release is denied, you do have the right to appeal this. Full appeal rights can be found here.
Identical to the release of levies, you can contact the IRS and request a seizure release, but it must be determined that any of the following are true:
- The seizure is creating an immediate economic hardship, meaning it’s preventing you from meeting basic, reasonable living expenses, or
- The value of the property is more than what you owe, so releasing the seizure will not affect the ability of the IRS to collect the amount due
- You already paid the amount you owe the IRS
- A seizure release will help you pay your taxes
- You’ve entered an installment agreement and the terms disallow the seizure to continue
- The period for collection ended before your seizure was issued.
Please NOTE that the release of the seizure does not mean your tax burden is obsolete. You must still arrange payment to resolve your tax burden, or a seizure can be reissued.
Who Can Help Me?
To reach a tax settlement and get support through the process, Tax Relief USA can be your support system and your tool for success. There are MANY steps along the way before a levy is considered, so it’s important to reach out to the IRS and your tax professional immediately, be proactive, and remain diligent.
Tax Relief USA offers support for every step along the way, being your advocate and support between you and the IRS. Don’t get lost in the shuffle. Call us at 408-610-1673 for immediate assistance. Let us do what we do best!