IRS Tax Attorney, Tax Lawyer Help ^ IRS Tax Bank Levies ^ Wage Garnishment ^ Tax Liens ^ Delray, Deerfield, Boynton, Riviera, Palm Beach Gardens, Jupiter, West Palm Beach + Palm Beach County

May 23, 2019
Written by: Fresh Start Tax
Fresh Start Tax

Affordable Tax attorneys, tax lawyers, and former IRS agents who know the system. Since 1982 A+ rated.

 

We have worked the system and we know the system to get immediate IRS bank and tax wage garnishments released.

We have over 200 years of professional tax experience, over 100 years of working directly for the Internal Revenue Service and our staff is composed of certified public accountants, enrolled agents, and former IRS agents, managers and teaching instructors.

 

We are a local South Florida tax firm that has worked out of the South Florida IRS offices.

 

We are true experts in IRS bank levies. As former IRS agents we have filed hundreds and hundreds of bank lobbies so we know the process of getting immediate releases of the documents. Our tax attorney or tax lawyer can help if there is any court action needed.

When you call us we will give you a free initial tax consultation, walk you through the program and not only get you your IRS levy release but settle your case at the same time.

Feel free to come into our office, Skype us, or call us by phone for free initial tax consultation and we will walk you through the process of getting immediate releases of a banker wage garnishment levy.

There is a very methodical way to get your IRS levy released.

IRS will require a basic financial statement along with documentation and after review decide whether to put you into a currently not collectible, payment agreement or may encourage you to file an offer in compromise. After a review your financial statement we will be able to set up a course of strategy and get your levy released immediately.

As a general rule within 24 hours of receiving your current financial statement, we can get your bank levy released by the Internal Revenue Service.

 

Information you need to know about the IRS bank levy.

A levy is a legal seizure of your property to satisfy a tax debt.

IRS Tax Levies are different from IRS Tax Liens.

A lien is a legal claim against property to secure payment of the tax debt, while a levy actually takes the property to satisfy the tax debt.

Where does Internal Revenue Service (IRS) authority to levy originate?

The Internal Revenue Code (IRC) authorizes levies to collect delinquent tax. See IRC 6331. Any property or right to property that belongs to the taxpayer or on which there is a Federal tax lien can be levied, unless the IRC exempts the property from levy.
What actions must the Internal Revenue Service take before a levy can be issued? There are requirements IRS must meet.

The IRS will usually levy only after these three requirements are met:

 

• The IRS assessed the tax and sent you a Notice and Demand for Payment (a tax bill);

• You neglected or refused to pay the tax; and

• The IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy.

The IRS may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested. If you have moved and not let the Internal Revenue Service know, many tax payers find themselves between a rock and a hard place because IRS sends the last final notice to the last filed address on the tax return.

Please note: if the IRS levies your state tax refund, you may receive a Notice of Levy on Your State Tax Refund, Notice of Your Right to Hearing after the levy.

When will the IRS issue a levy?

If you do not pay your taxes (or make arrangements to settle your debt), and the IRS determines that a levy is the next appropriate action, the IRS may levy any property or right to property you own or have an interest in.

For instance, the IRS could levy property that is yours, but is held by someone else (such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions). Or, the IRS could seize and sell property that you hold (such as your car, boat or house).

What if a levy on my wages, bank, or other account is causing a hardship?

If the levy on your wages is creating an immediate economic hardship, the levy must be released. If the levy on your bank account or other account is creating an immediate economic hardship, the levy may be released.

An economic hardship occurs when we have determined the levy prevents you from meeting basic, reasonable living expenses. In order for the IRS to determine if a levy is causing hardship, the IRS will usually need you to provide financial information so be prepared to provide it when you call.

A levy release does not mean you are exempt from paying the balance.

The IRS will work with you to establish a payment plan or take other steps to help you pay off the balance. To help ensure quick action, please have the fax number available for the employer, bank or other financial institution that is processing the levy.

When the levy is on a bank account, the Internal Revenue Code (IRC) provides a 21-day waiting period for complying with the levy.

The waiting period is intended to allow you time to contact the IRS and arrange to pay the tax or notify the IRS of errors in the levy.
Generally, IRS levies are delivered via the mail. The date and time of delivery of the levy is the time when the levy is considered to have been made.

In the case of a bank levy, funds in the account are frozen as of the date and time the levy is received. Normally, the levy does not affect funds you add to your bank account after the date of the levy.

 

IRS Wage Levies may Follow 688-W

If the IRS levies (seizes) your wages, part of your wages will be sent to the IRS each pay period until:

• You make other arrangements to pay your overdue taxes,
• The amount of overdue taxes you owe is paid, or
• The levy is released.

Part of your wages may be exempt from the levy and the exempt amount will be paid to you. The exempt amount is based on the standard deduction and an “amount determined” calculated in part based on the number of dependents you are allowed for the year the levy is served.

The IRS mails Publication 1494 (PDF) with the levy which explains to your employer how to determine the amount exempt from levy.

Your employer will provide you with a Statement of Dependents and Filing Status to complete and return within three days.

If you do not return the statement in three days, your exempt amount is figured as if you are married filing separately with no dependents (zero). If you have other income sources, the IRS may allocate the exemptions to the other income source and levy on 100% of the income from a particular employer.

Levies are different from liens.

A lien is a legal claim against your property to secure payment of your tax debt, while a levy actually takes the property to satisfy the tax debt.

A federal tax lien comes into being when the IRS accesses a tax against you and sends you a bill that you neglect or refuse to pay it. The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.

You have the right to appeal if the IRS advises you of the intent to file a Notice of Federal Tax Lien. Your appeal rights are explained in IRS Publication 1660, Collection Appeal Rights (PDF).

When filed, the Notice of Federal Tax Lien is a public document that alerts other creditors that the IRS is asserting a secured claim against your assets.

 

Credit reporting agencies may find the Notice of Federal Tax Lien and include it in your credit report. An IRS levy is not a public record.

 

Call us today for free initial tax consultation and speak to a true IRS tax expert regarding your IRS bank levy or wage levy garnishment.

To recap everything, if you have an IRS bank levy or wage garnishment and you need an immediate release call us today we can handle any IRS tax problem you have

Once again, we are A+ rated by the BBB and have been in practice since 1982.

IRS Tax Attorney, Tax Lawyer Help + IRS Tax Bank Levies ^ Wage Garnishment ^ Tax Liens ^ Delray, Deerfield, Boynton, Riviera, Palm Beach Gardens, Jupiter, West Palm Beach + Palm Beach County

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