by Fresh Start Tax | Apr 10, 2013 | Tax Levy and Wage Garnishments
STOP the IRS Bank & Wage LEVY NOW – IRS Tax Attorneys, Former IRS – Affordable 1-866-700-1040
Call us today and find out how we can stop an IRS bank levy or wage garnishment levy. The process is a simple one and based on our years of experience we can get the Bank or Wage tax levy released as fast as anybody in our professional business.
Having worked for IRS for over 60 years gives us an edge. We know the exact protocols the exact formulas any exact system IRS employees to stop the IRS bank and wage levy.
The process is a simple one.
IRS will want a current financial statement, a 433F. IRS will want that financial statement completely documented with all income, expenses and must also include bank statements and pay stubs. IRS will apply your income and expenses against the national standards.
The IRS national standards are used in every geographic region in the United States. The sole purpose of IRS using the national standards to make sure that taxpayers are living within their means.
You will not get IRS to stop a bank or wage levy and less the aforementioned process is followed.
Once IRS reviews your financial statement and make sure you have filed all your tax returns IRS will then place your account in one of two statuses.
Based on your current financial statement and documentation IRS will either place you into an economic tax hardship or enter you into an installment or payment arrangement.
For those who qualify for an IRS tax debt settlement called an offer in compromise, the IRS may release the levy as well based on the filing of your offer in compromise
Stop IRS Wage Levy Continuous Effect of Levy on Salary and Wages
Unlike other levies, a levy on a taxpayer’s wages and salary has a continuous effect.
It attaches to future payments, until the levy is released.
Wages and salary include fees, bonuses, commissions, and similar items. All other levies only attach to property and rights to property that exist when the levy is served.
If a bank account is levied, it only reaches money in the account when the levy is served.
It does not reach money deposited later.
When other income is levied, the levy reaches payment the taxpayer has a fixed and determinable right to. If the taxpayer’s right to that payment is not dependent upon the performance of future services, then the levy will reach the future payments as well.
IRS Tax Levy’s on Royalties
A Form 668-A is issued to levy an author’s royalties. The author has a fixed and determinable right to royalties for books that have already been published.
The levy reaches royalties for sales of those books in the future. The levy does not reach royalties for books that are written and published later.
A new levy must be served to take those royalties.
IRS Levy on Retirement Income
A Form 668-W is issued to levy a taxpayer’s retirement income. The taxpayer has a fixed right to the future payments; therefore, the levy remains in effect until it is released.
Holding Period.
IRS Bank Levy
A bank must wait 21 calendar days after a levy is served before sending payment. Then, on the next business day, it must turn over the taxpayer’s money.
The depositor(s) can waive this waiting period. The bank will not send money that is subject to attachment or execution under judicial process. “Bank” includes credit unions, savings and loan associations, trust companies, and others described in IRC 408(n) and Treas. Reg. §301.6332–3(b).
During the holding period, a levy might be released, or the amount owed could decrease.
If the bank receives no release, it must send the payment after the holding period. No additional notice is required.
Consider the holding period when deciding how long to project the accruals on a bank levy.
Bank Liaison
The holding period was created to settle disputes about ownership of bank accounts before money is sent.
Assign a bank liaison in each territory to settle these issues quickly.
Sometimes ownership is not settled before the holding period ends. If this happens, ask the bank for more time.
Multiple Signature Authority for a Bank Account
A levy served to a bank attaches to funds in a bank account for which the taxpayer has an unrestricted right to withdraw funds (signature authority) even if multiple persons have signature authority for that bank account.
As noted in Treasury Regulation 301.6332–1(c)(4) the unrestricted right to withdraw funds is an interest which is subject to levy.
A bank is served with a notice of levy for an unpaid tax liability due from the taxpayer in the amount of $2,000. The bank holds $2,000 in a checking account in the names of a taxpayer and a third party. Although all of the deposits into the account were made by the third party, the taxpayer has an unrestricted right to withdraw the funds from the account. The bank may send the Service the entire account balance at the end of the 21 day holding period.
The bank is not liable to the third party for any amount, even if the third party proves that the funds in the account did not belong to the taxpayer, because the taxpayer’s unrestricted right to withdraw the funds is an interest which is subject to levy.
The third party may, however, seek the return of the funds from the United States by making an administrative wrongful levy claim under IRC 6343(b) or file a suit under IRC 7426(a)(1) should the administrative claim be denied.
Wrongful Tax Levy
A non-liable third party may claim ownership of funds in a bank account when multiple people hold signature authority for that bank account. Treat this dispute as a potential wrongful levy.
A wrongful levy is a levy that improperly attaches property belonging to a third party in which the taxpayer has no rights.
See IRM 5.11.2.2.2, Wrongful and Erroneous Levies, for the procedures to follow in these situations.
For bank levies if additional time is needed beyond the 21 day hold period to determine ownership, request the bank hold the funds. Provide the potentially wrongfully levied party a deadline date for providing substantiation and provide the bank with a specific extension date to forward the funds.
Call us today and speak directly to tax attorneys, CPAs and former IRS agents who can get fast and quick results in stopping in IRS Bank wage levy.
STOP the IRS Bank & Wage LEVY NOW – IRS Tax Attorneys, Former IRS – Affordable
by Fresh Start Tax | Apr 10, 2013 | Tax Levy and Wage Garnishments
IRS Levy Rules, IRS Levy Notice – Get Levy Releases – Former IRS 1-866-700-1040
So you got an IRS tax levy? You are not alone.
Last year the IRS sent out 3.8 million bank and wage garnishment tax levies to taxpayers.
The IRS sends these levies out by a completely automated driven ” Data System” called the CADE 2.
They follow a strict set of standards when sending Bank or Wage Garnishment levies out. If they say the federal tax levy is being sent, it will be sent.
Not a human hand touches these levies as they are all automated.
You may ask, how do they know where to send the levy?
You have given them that information.
Your tax return is the source of the IRS levy information. On your tax return is income information from 1099 and W-2 wage sources.
The IRS simply sends the levies out to those sources on your tax return. There is no CSI investigation or a blanket sweep of banks. Just your income tax return.
The IRS sends all taxpayers at least 4 notices that you owe tax. The last notice is called the Intent to Levy. You will have 30 days to respond to this notice or bill.
Your next step.
Before you call the IRS, serious thought should be given to hiring a professional tax firm that has extensive IRS experience. Do not use a tax mill. A tax mill is a major company that hires sales persons that get a commission to bring your case into the company they work for. Before you hire a firm ask to speak directly to the person that will handle your case and question them on their IRS work experience.
The next thing you need to do is to make sure all tax returns are filed and current.
If they are not filed, ask the IRS for more time to get your returns in. The IRS will not close out your case unless all tax returns are filed.
Next, fill out a 433-F, an IRS financial statement. Be prepared to document the financial statement.
The IRS will want total proof of all income and expenses listed.
Big Caution– the IRS uses the national standards tests for every location in the United States. They will ask for your income and allow the national standards for your area. They will subtract your expenses from your income and if there is a surplus, that will be your monthly payment to the IRS. If your expenses outweigh your income, your case can be put in hardship.
If you are not sure about this process, call a tax professional to walk you through this. It is the most important part of the process in closing your case.
The IRS will probably close your case with the following ways.
1. filing of an offer in compromise,
2. a part payment agreement or,
3. your case could be put in hardship.
IRS NEW LEVY RULES
A levy is a legal seizure of your property to satisfy a tax debt.
Levies are different from liens. A lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt.
If you do not pay your taxes or make arrangements to settle your debt, the IRS may seize and sell any type of real or personal property that you own or have an interest in. For instance,
The IRS could seize and sell property that you hold such as your car, boat, or house,or
IRS could also 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.
IRS usually levy only after these three requirements are met:
1. IRS assessed the tax and sent you a Notice and Demand for Payment;
2. You neglected or refused to pay the tax and,
3. 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.
How the Levy is given to you
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.
Call us today to learn more about the new IRS levy rules or IRS levy notices.
We can get fast and quick results of IRS levies.
Contact us today and we will review your case for free. We are comprised of tax attorneys, CPAs and former IRS agents and managers.
We have an A+ rated by the Better Business Bureau and been in private practice since 1982.
IRS New Levy Rules, IRS Levy Notice – Get Levy Releases – Former IRS
by Fresh Start Tax | Apr 10, 2013 | Tax Lawyer
Hire a IRS Tax Attorney to Handle IRS Problems – Tax Attorneys, Former IRS 1-866-700-1040
The best way to handle any and all IRS tax problems is to hire IRS tax attorneys, tax lawyers, CPAs, and former IRS agents and managers all who have an expertise and specialty in IRS resolution.
Fresh Start Tax LLC has over 206 years a professional tax experience in dealing with the Internal Revenue Service.
We have over 60 years of working directly for the IRS in the local, district, and regional tax offices. We have worked as agents, managers, appellate agents, and instructors at the IRS regional training offices. Also on staff IRS Tax Attorneys who have a CPA as well.
We also taught tax law while employed by Internal Revenue Service.
We know all the systems, protocol, and best practices solutions to get you a quick and affordable resolution on your IRS problem.
We have been in private practice since 1982 and have successfully handled thousands of cases in every aspect of IRS tax representation.
We are A+ rated by the Better Business Bureau and are without complaint.
When you call our office depending on your tax problem you either speak directly to an IRS tax attorney, to a CPA, or to a former IRS agent or manager who has a particular expertise in your unique situation.
All consultations are free.
We will develop an attack strategy and a solution that fits your needs and can appease the Internal Revenue Service.
Call us today we look forward to working with you.
We are friendly, trustworthy and very accessible.
About Fresh Start Tax L.L.C.
Fresh Start Tax L.L.C. is one of the premier tax resolution firms in the country. We deal with all types of civil cases including individuals, businesses, non-profits, partnerships and corporations.
We have staff that specialize in every facet of IRS Tax Representation.
We know all the IRS tax strategies because of our extensive IRS working backgrounds.
We were Former IRS Certified Tax Instructors that taught IRS Tax Law in the IRS Regional Training Center.
Some of our many specialties include the following:
Our Company Resume: ( Since 1982 )
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Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
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On staff, IRS Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
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We taught Tax Law in the IRS Regional Training Center
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Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
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Highest Rating by the Better Business Bureau “A” Plus
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Fast, affordable, and economical
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Licensed and certified to practice in all 50 States
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Nationally Recognized Veteran /Published Former IRS Agent
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Nationally Recognized Published EZINE Tax Expert
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As heard on GRACE Net Radio.com – Monthly Radio Show-Business Weekly
Areas of Professional Tax Practice:
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Same Day IRS Tax Representation
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Offers in Compromise or IRS Tax Debt Settlements
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Immediate Release of IRS Bank Levies or IRS Wage Garnishments
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Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
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IRS Tax Audits
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IRS Hardships Cases or Unable to Pay
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Payment Plans, Installment Agreements, Structured agreements
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Abatement of Penalties and Interest
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State Sales Tax Cases
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Payroll / Trust Fund Penalty Cases / 6672
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Filing Late, Back, Unfiled Tax Returns
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Tax Return Reconstruction if Tax Records are lost or destroyed
Get a IRS Tax Attorney to Handle IRS Problems – Tax Attorneys, Former IRS
by Fresh Start Tax | Apr 10, 2013 | Tax Levy and Wage Garnishments
IRS Federal Tax Levy – Stop being BULLIED by the IRS – Get your MONEY BACK 1-866-700-1040
The IRS sends out about 3.8 million federal tax levies a year to banks and to employers.
That is a staggering amount. The Federal Tax Levy Levy is the most powerful collection tool in the IRS arsenal.
As a Former IRS Agent I can tell you, it got the attention of all taxpayers. However you do not have to be bullied by the IRS especially since many taxpayers never received correspondence from the IRS that they were going levy.
IRS must send out a Final Notice and sometimes they get away with murder.
You can fight back with Former IRS agents and managers who know the system.
We can get your Federal Tax Levy Released and settle your case at the same time.
Believe it or not,the IRS is really not looking to send out the Federal
Tax levy, they are really interested in getting your case closed and off of their receivable system.
They want full compliance from every taxpayer. While much is said about getting federal tax levies released, these tips are the fastest way to make it happen.
Tips to get a tax levy released immediately:
1. Pay the tax in full and all Federal Tax Levies or Liens will be released immediately.
2. Your tax returns must ALL be filed and current.
If your tax returns are not up to date, the IRS may not release any tax levy at all. It is imperative you get your back returns prepared immediately.
If you do not have your tax records to prepare your returns you can ask the IRS for your income tax records and this can be a good place to start for beginning tax preparation.
3. You will need to fill out a 433-F for the IRS. The 433-F is an individual financial statement. Full documentation to back up the 433-F is required to make sure you are telling the truth. The IRS will release the levy after they determine the best way to close your open tax case.
4.It is recommended that taxpayers hire professional tax firms because of the strict national standards tests that are applied on all cases for settlement.
After the IRS receives your 433-F, they apply the NATIONAL STANDARDS TESTS to determine how your case will be closed. If a tax professional reviews your 433-F before making the call to IRS, they could save you from reporting any incorrect information that could be used against you.
Having been an IRS Agent, it can be said that most taxpayers do not have any idea how or why the IRS applies these national standards. The way your case is closed is completely dependent on this financial statement and national standards tests.
5. If you do not like the way the IRS is handling your case, you have two options:
A. Taxpayer Advocates Offices
B. Filing a Collections Appeal
Be prepared for the telephone call to the IRS, know all your rights and understand how important your 433-F ( financial statement ) is in this process.
If you do not like the way the IRS agent made your decision file a Collection Appeals Process
A taxpayer, or a third party whose property is subject to a collection action, may appeal the following actions under CAP:
a.Levy or seizure action that has been or will be taken.
b.A NFTL that will be or has been filed.
c. The filing of a notice of lien against an alter-ego or nominee’s property.
d. Denials of requests to issue lien certificates, such as subordination, withdrawal, discharge or non-attachment.
e. Rejected, proposed for termination or terminated installment agreements.
f. Disallowance of taxpayer’s request to return levied property under IRC 6343(d).
g. Disallowance of property owner’s claim for return of property under IRC 6343.
IRS Federal Tax Levy – Stop being BULLIED by the IRS – Get your MONEY BACK
A taxpayer may appeal in CAP:
A levy or seizure on each asset or even the same asset previously levied if a newly discovered legal defect is the issue.
The reason for this is that each levied or to be levied asset may have different issues. For example, a bank account in a different bank than previously levied on may actually be the asset of the child of the taxpayer but the taxpayer’s SSN is on the account.
Subsequent levies on the same asset, e.g., the same bank account, are not entitled to another CAP appeal unless there is a legal issue on the subsequent levy.A NFTL filed in each subsequent location. Each rejection or termination of an installment agreement.
by Fresh Start Tax | Apr 10, 2013 | Tax Help
IRS Federal Tax Levy – Find Out How to get your Tax Levy Quickly Released 1-866-700-1040
When IRS’s files a federal tax levy against a taxpayer the first question that is asked is how fast can I get this levy released.
It is possible to get the IRS federal tax levy released that very same day if you have the documents needed to get the IRS federal tax levy be released.
For the record IRS does not want to send out the federal tax levy.
It only does so after taxpayers have failed to respond to bill or notices or refuse to pay the tax.
IRS systemically will then send out the IRS federal tax levy on bank accounts, on wages, or third-party income sources that can be received by taxpayers.
If you have just received an IRS Federal tax levy and need for it be released quickly, you will need to fill out an IRS form 433-F which is the IRS financial statement.
IRS will accept no other financial statement.
You need to complete the 433-F
You will have to complete the IRS financial statement and you must make sure that every block and section is filled out accurately and correctly.
You will need to fully document the financial statement with receipts and bills to prove those expenses actually belong to you. You will also need to verify your income and IRS usually accepts pay stubs or bank statements is documents for proof of income.
You should know that IRS will use the national standards.
The national standards are used by IRS, the Department of Justice, and used by the bankruptcy court to allow taxpayers certain expenses for their region or geographic area. It is very important that you understand how the national standard expenses will be applied on your case.
You can find those national standards on our website.
Once the IRS has the 433-F financial statement it will make a determination on how they will close case.
As a general rule IRS will place your account in one of three statuses.
IRS will either place your account based on your 433-F financial statement into an economic tax hardship, an installment payment agreement, or except the filing of an offer in compromise.
Once you contact IRS and give them your documented 433F, the Internal Revenue Service will then issue the IRS federal tax levy release on your bank account, your employer or to any third party the federal tax levy was served on.
If you need any help please feel free to contact us today.
We are former IRS agents, managers, and tax instructors and have over 60 years of direct working experience with the Internal Revenue Service.
We are A+ rated by the Better Business Bureau and have been in private practice since 1982.
PS
One last note of interest. Many times before IRS will release the IRS federal tax lobby they will want to make sure all your federal tax returns are current and up-to-date.
IRS Federal Tax Levy – Find Out How To Get Your Tax Levy Quickly Released, Former IRS
