If you have received an IRS notice of levy we can offer you the same day help.
The IRS must be called and given a current financial statement along with sufficient documentation.
IRS will close and settle your case. Read on.
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You can call us today for free initial tax consultation and we can walk you through the process not only of giving you immediate tax relief on your IRS notice of levy but settling your case as well.
 
There are generally two types of levies;
1. bank levies and
2.wage garnishment levies.
You should know that the IRS bank levy has a 21 day hold. Funds are frozen at the bank for a period of 21 days and if a notice of release is not issued to the bank by the Internal Revenue Service the money is  forwarded to the IRS basically the IRS give you 21 days to release your levy. You may still use that bank account during this freeze period.
However, a wage levy is immediate. Part of your next paycheck goes to the Internal Revenue Service. As a general rule the IRS will take approximately 80% of your paycheck.
 
To Release Levies
IRS will require a financial statement with required documents before an IRS notice of levy is released. Because of our vast expertise and knowledge in this area it is possible to get same-day releases.
 
Get a Notice of Levy Release and Settle your Case
When the Internal Revenue Service releases your levy and reviews your financial statement it must take your case off the IRS enforcement computer.
Based on your current financial statement the Internal Revenue Service will close or settle your case based on three general closing criteria.
The Internal Revenue Service will put you into an economic tax hardship, ask you for a monthly payment or installment agreement, or let you know you are a suitable candidate for offer in compromise.
It is important to understand the IRS financial statement and how it plays into your settlement criteria. When you call our office we were view your financial statement and let you know the best way to settle your case based on the available circumstances and current financial situation.
 
Legal Authority of the IRS
The Internal Revenue Code (IRC) authorizes levies to collect delinquent tax.
Any property or right to property that belongs to the taxpayer or on which there is a Federal tax lien can be levied, unless it is exempt.
 
Notice of Levy vs. Seizure
There is no legal distinction between levy and seizure.
Generally, use a notice of levy (Form 668-A/668-W) to take a taxpayer’s property held by someone else if it can be turned over by writing a check.
If a third party is holding property that cannot be turned over by writing a check, use seizure procedures. Also, give a Form 668-A, Notice of Levy, to the third party holding the property.
Example:
Notice of Levy is often used to take a taxpayer’s bank account, wages, other income, or accounts receivables.
Example:
Seizure procedures are used to take a taxpayer’s car, house, or business property.
Example:
If a taxpayer’s car is seized in a commercial parking lot, seizure procedures include giving the attendant a Form 668-A, Notice of Levy, to demand that the car be turned over.
There is no required sequence for levying. Generally, though, levy funds that are held by a third party first. This is usually less time consuming.
 
 
IRS Appeals for Notice of Levy
Generally, taxpayers are entitled to a Collection Due Process (CDP) hearing under IRM 6330, or an equivalent hearing.
Notices of levy can also be appealed under the Collection Appeals Program (CAP) regardless of whether the taxpayer can appeal under IRC 6330. CAP was created to give taxpayers a chance for administrative review that is independent from the Collection function.
 
 
Pre-Levy Actions taken by the IRS
This subsection contains guidance on pre-levy actions.
Required Notices
Before property can be levied, the taxpayer must be given a
 

• Notice and demand

• Notice of intent to levy, and

• Notice of a right to a Collection Due Process (CDP) hearing

 
Note:
When a notice of levy is issued to a third party, it is a third party contact. Unless an exception applies, IRC 7602(c) states taxpayers must be given reasonable notice the Service plans to make such contacts to collect delinquent tax. Make sure the taxpayer has been advised of potential third party contacts.
Note:
It is the legal position of the Service that notice and demand and third party contact notification issued in the name and EIN of a limited liability company (LLC) are legally sufficient when the owner of the LLC is the liable taxpayer.
 
The notice and demand required by IRC 6331(a) must be left at the taxpayer’s home or business, or mailed to the taxpayer’s last known address.
 
The taxpayer has 10 days to pay the amount that is owed.
If the taxpayer neglects or refuses to pay the amount due, the Federal tax lien arises.
If the amount specified in the notice and demand is paid within 21 calendar days after the date of the notice and demand (10 business days if the amount reflected is $100,000 or more), interest is not imposed for the period after the notice and demand on the amount so paid.
In addition, the taxpayer must be given a notice of intent to levy at least 30 days prior to the date of the levy. The taxpayer has 30 days to pay the amount that is owed before property can be levied.
 
 
How the IRS Notice of Levy must be delivered
 

• Given in person

• Left at the taxpayer’s home or business, or

• Sent to the taxpayer’s last known address by certified or registered mail

 
Note:
Use registered mail only if the taxpayer is outside the United States. There is no international certified mail.
 
 
Exception:
If collection is in jeopardy, property can be levied immediately if the taxpayer has been provided notice and demand for immediate payment.
Generally, the Service will give taxpayers 10 days to pay the tax liability following issuance of the IRC 6303 notice of assessment and demand for payment, before issuing the IRC 6331 notice of intent to levy and IRC 6330 notice of a right to a CDP hearing.
Both the IRC 6331 notice of intent to levy and the IRC 6330 notice of a right to a CDP hearing must be given at least 30 days before the day of the first levy for that tax liability. Treas. Reg. 301.6331-2(a)(1) permits the Service, in satisfying the 30 day requirement of IRC 6331(d), to issue the IRC 6331 notice of intent to levy at the same time as the IRC 6303 notice of assessment and demand for payment.
The IR Service may issue the IRC 6330 notice of a right to a CDP hearing at that same time. The IRC 6330 and/or 6331 notices should not generally be issued simultaneously with the section 6303 notice or during the section 6303 time frame.
However the Service may determine that waiting 10 days after issuing the IRC 6303 notice and demand before issuing the IRC 6331 notice of intent to levy and/or the IRC 6330 notice of a right to a CDP hearing is not in the government’s interest if one or more of the circumstances listed below has occurred.
The IRC 6330 and /or 6331 notices may be issued simultaneously with the section 6303 notice or during the section 6303 time frame if the taxpayer:
1. is pyramiding employment taxes (in business, not current with FTDs, and two or more trust fund modules assigned to a revenue officer);
2. has made to the Service, for two or more periods, frivolous arguments which are listed in Notice 2010–33, 2010–17 IRB 609, or subsequent updates. See Notice 2010–33 at http://www.irs.gov/pub/irs-irbs/irb10-17.pdf;
3. has failed to file required returns for two successive periods or three non-consecutive periods, for which the Service has prepared substitutes for return (and issued a deficiency notice where applicable), at least one of which is included in current or general practices.
Note:
The taxpayer has 30 days in which to request a CDP hearing. Allow 15 days after the 30 day period for receipt of a timely mailed request for CDP hearing.
When a levy is to be served, the taxpayer must also be given a notice of a right to a hearing per IRC 6330.
The taxpayer has 30 days after this notice is given or mailed to ask for a hearing, before property can be levied.
This notice is given to the taxpayer in the same manner as the notice of intent to levy, except that if it is mailed, a certified or registered mail return receipt MUST be included.
The taxpayer can waive the right to a hearing. IRM 5.11.1.2.2.9, Waiver of Notice of Intent to Levy/Notice of a Right to a Hearing.
Note:
There is no right to a hearing when child support obligations are being collected.
There are 4 exceptions to the pre-levy notice requirements of IRC 6330.
A levy is served on a State to collect a Federal tax liability from a State tax refund, referred to as the State Income Tax Levy Program (SITLP). A taxpayer’s state tax refund can be levied, even though the taxpayer may not have already been sent a notice or a right to a hearing.
You can stop the IRS notice of levy simply by knowing the process.
Call us today for free initial tax consultation we can walk you through the process not only of stopping the IRS tax Levy but also settling your case.
 
IRS Notice of Levy – Affordable Same Day Help – How to Stop the IRS Levy