TAX LEVY IRS – Stop the IRS Tax Levy – Former IRS Agents, Quick and Affordable

by Fresh Start Tax | Feb 17, 2013 | Tax Levy and Wage Garnishments

TAX LEVY IRS  – Stop the IRS Tax Levy with Former IRS Agents             1-866-700-1040

 
If you have received a Tax Levy from the Internal Revenue Service call us today and get your tax levy removed or released. We know the exact process that can get immediate releases.
We are former IRS agents, managers, and instructors with over 60 years of direct working knowledge and experience of the Internal Revenue Service
We worked on the local, district, and regional offices of the IRS.
We also taught Tax Law.
As a result of our years of experience we are both fast and affordable in the processing and stopping of a IRS tax Levy.
IRS will require a current financial statement along with complete documentation and with that in hand we can begin the quick and fast process of getting your IRS Tax Levy removed and stopped.
 Tax issues that may arise as a result of an IRS tax Levy
Bank disputes with IRS tax levies
The Bank Liaison
The holding period was created to settle disputes about ownership of bank accounts before money is sent.
A bank liaison in each territory to settle these issues quickly.
Sometimes ownership is not settled before the holding period ends.
If this happens, you may ask the bank for more time.
Multiple Signature Authority for a Bank Account
You should know from the very beginning that as long as you have signature authority in a bank account whether that bank account is in your name or not the IRS has a right to levy any money out of that account. IRS has the same privilege as any signator on the 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 working example
A bank is served with a notice of levy for an unpaid tax liability due from the taxpayer in the amount of $3,000. The bank holds $3,000 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 Internal Revenue Service the entire account balance at the end of the 21 day holding period.
A very important note about IRS tax levies
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.
A non-liable third party may claim ownership of funds in a bank account when multiple people hold signature authority for that bank account. This dispute should be treated as a 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.
For bank levies if additional time is needed beyond the 21 day hold period to determine ownership, there should be a request that the bank holds the funds.
Amount that Must be Surrendered  as a result of a tax levy by the IRS
The bank must send the amount in the taxpayer’s accounts.
A bank levy attaches to any property or rights to property that belong to the taxpayer or on which there is a Federal tax lien, unless it is exempt.
However, it must send no more than the amount shown on the notice of levy.
By law, banks cannot immediately honor the IRS levy.
Another important note
The notice of levy only reaches the amount on deposit when the levy is received. Money deposited later is not surrendered, including deposits during the holding period. Another levy must be served to reach this money.
Also, the levy only reaches deposits that have cleared and are available for the taxpayer to withdraw.
Levy proceeds must not be reduced by any fee charged by the bank for processing the levy.
  What if the Employer Threatens to Fire Taxpayer Because of a  Tax Levy from the IRS
Sometimes an employer threatens to fire an employee to avoid handling a levy.
This might be a violation of 15 USC 1674.
If the employer fires the taxpayer because of this, the employer might be fined not more than $1000 or imprisoned for not more than one year, or both.
These cases should be referred by the taxpayer to the Wage and Hour Division of the Department of Labor (DOL). DOL, not IRS, must decide if the employer violated the law.
668-Wage levies have a continuous effect -Continuous Effect of Levy on Salary and Wages
Unlike  bank or other  tax 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.
 Royalty tax levies
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.
A retirement income tax levy
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.
Exempt Amount  from tax levies by the IRS
Part of the individual taxpayer’s wages, salary, (including fees, bonuses, commissions and similar items) and other income, as well as retirement and benefit income, is exempt from levy.
The weekly exempt amount is:
The total of the taxpayer’s standard deduction and the amount deductible for exemptions on an income tax return for the year the levy is served.
Then, this total is divided by 52.
Income that is not paid weekly is prorated, so the same amount is exempt.
In addition, the amount the taxpayer needs to pay court ordered child support is exempt.
Note:
The support order can originate from a court or administrative process under the laws and procedures of a state, territory or possession.
Call us today and get fast and quick tax results. We are A+ rated by the Better Business Bureau and we are fast and affordable.
 
TAX LEVY IRS – Stop the IRS Tax Levy – Former IRS Agents, Quick and Affordable
 
 

IRS Notice of Levy on Wages – Get Fast, Affordable Tax Relief – Former IRS Agents

by Fresh Start Tax | Jan 19, 2013 | Tax Levy and Wage Garnishments

IRS Notice of Levy on Wages – Get Fast, Affordable Tax Relief – Former IRS Agents  1-866-700-1040.

If you have  received a IRS  notice of levy on your wages contact us today and we can go over all the tax options you have to get permanent and immediate IRS tax relief.

The Internal Revenue Service will send out a notice of levy on your wages if you have not responded to an IRS letter, IRS notice, or IRS tax bill.

The IRS notice of levy on wages is  a continual tax garnishment of your wages and your employer may not release the levy on your wages until it receives an official release of levy from the Internal Revenue Service.

As a general rule you can get your wage levy garnishment released within 72 hours if you can provide the information and documentation the IRS requires.

IRS will require a current financial statement and will require that all tax returns are filed in the current in the year. The IRS will also will want to make sure your financial statement is completely documented.

As a general rule you can simply call the one 800 number on your tax bill make direct contact with an agent and fax all the information to the agent.

The agent will have to close out your case with one of  in their three clothing methods.

IRS Closing methods:

IRS will either put your case in:

1. a tax hardship,

2. IRS will advise you that your case could be a possible IRS tax settlement or a  offer in compromise,

3. or the IRS may require an installment payment from you.

Your current financial statement will determine the closing method IRS will use on your case.

Can you be fired from your job.

Can a Employer Threatens to Fire Taxpayer Because of a Levy?
Sometimes an employer threatens to fire an employee to avoid handling a levy.
This might be a violation of 15 USC 1674.  Each case is different in there is no rule of thumb.
If the employer fires the taxpayer because of this, the employer might be fined not more than $1000 or imprisoned for not more than one year, or both.
You will refer the to the Wage and Hour Division of the Department of Labor (DOL).
The  Department of Labor not IRS, must decide if the employer violated the law.
Levy on Wages is a  Continuous Effect of Levy on Salary and Wages
Unlike other  IRS tax levies, a  tax wage levy on a taxpayer’s wages and salary has a continuous effect. Yes, forever!
It attaches to future payments, until the levy is released.
It includes wages and salary include fees, bonuses, commissions, and similar items.  Should you have any questions on this call us today.
All other  tax levies only attach to property and rights to property that exist when the levy is served.
 
Examples on this issue:
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. Keep in mind the date, place, and time of service is very important.
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.
Retirement, 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 will have to serve notice on a 668-a.
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.
Exempt Amount from the Levy on Wages
Part of the individual taxpayer’s wages, salary, (including fees, bonuses, commissions and similar items) and other income, as well as retirement and benefit income, is exempt from levy.
The weekly exempt amount is:
The total of the taxpayer’s standard deduction and the amount deductible for exemptions on an income tax return for the year the levy is served.
Then, this total is divided by 52.
Income that is not paid weekly is prorated, so the same amount is exempt.
In addition, the amount the taxpayer needs to pay court ordered child support is exempt.
The support order can originate from a court or administrative process under the laws and procedures of a state, territory or possession.
 
Claiming the Exempt Amount
The Notice of Levy on Wages, Salary, and Other Income (Form 668-W) was developed for use when an individual may be entitled to the minimum exemption from levy in IRC 6334(a)(9) and includes a Statement of Exemptions and Filing Status.
The employer gives the statement to the taxpayer to complete and return within three days.
If it is not received by then, the exempt amount is figured as if the taxpayer is married filing separate with one exemption.
The taxpayer can give the statement to the employer later to change the exempt amount.
The employer needs to use this statement rather than the employee’s W–4, Employee’s Withholding Certificate.
Taxpayers may claim different exemptions for withholding from those claimed on their return.
Publication 1494-  tax tables

Tables for Figuring Amount Exempt From Levy on Wages, Salary, and Other Income – Forms 668-W(ACS), 668-W(c)(DO) and 668-W(ICS), is sent with the levy to help figure the exempt amount.
The taxpayer can give a new statement to the employer later to have the exempt amount recomputed.
Side-notes.
1. The taxpayer’s filing status or personal exemptions may change.
2. There may be a change in exempt rates in a new year.
Exempt Amounts
The statement is completed under penalty of perjury.
Accept the information on the statement, unless there is reason to question it. If exemptions are disallowed, notify the employer and the taxpayer in writing.
The taxpayer can provide evidence that the statement is right and request managerial review.
Include a statement that the taxpayer may provide evidence to prove the statement is accurate and may request a managerial review of the dis-allowance.
IRS Notice of Levy on Wages – Get Fast, Affordable Tax Relief – Former IRS Agents
 

What is a Tax Levy Garnishment – Get IRS Relief, Get your Money back NOW

by Fresh Start Tax | Jan 14, 2013 | Tax Levy and Wage Garnishments

What is a Tax Levy Garnishment – Get IRS Relief, Get your Money back NOW

 
IRS sends out 3.6 million bank and Tax Levy Garnishment each year so you are not alone.
We can get you money back ASAP.
Contact Fresh Start Tax today and we can go over all your options with you and get you immediate tax relief from the Internal Revenue Service.
We are comprised of tax attorneys, CPAs and former IRS agents, managers and instructors.
We taught Tax Law at the Internal Revenue Service.
We know all the tax strategies, tax policies and closing methods used by Internal Revenue Service to not only get your Tax Levy garnishment release and closed your case.
 

If you have received a Tax Levy Garnishment

 
If you have received a tax levy garnishment from the Internal Revenue Service it is normally because a taxpayer did not respond to a notice, letter, bill from the Internal Revenue Service.
As a result the  IRS systematically sends out a notice of bank levy or wage levy to the appropriate source the IRS has on their system.
Contrary to popular belief IRS does not dragnet banks in a certain area or employers.
The filing of your last three tax returns, W-2’s, and 1099s lets IRS know of the different sources available at has to choose from regarding an IRS tax Levy garnishment.
 

What is a Tax Levy Garnishment

 
A tax levy  garnishment is a legal seizure of your property to satisfy a tax debt.Tax levy garnishments are different from liens.
A Federal Tax Lien
A  federal tax lien is a claim used as security for the tax debt, while a levy levy garnishment actually takes or seizes the property to satisfy the tax debt.
If you do not pay your taxes, the IRS may seize and sell any type of real or personal property that you own or have an interest in.
What can the IRS seize
IRS has the right or ability to seize and sell property that you hold such as your car, boat, or house they 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.
Yes even your IRA, and your Pension, and your Social Security Benefits can be levied. IRS can take almost anything they want.
Tax Levy  Garnishment Requirements
IRS usually levies only after these three requirements are met:
1. After they have assessed the tax and sent you a Notice and Demand for Payment,
2. After you neglected or refused to pay the tax,
3. After you were 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.
Place of service of a tax levy
IRS has options. They may,
1. give you this notice in person,
2. leave it at your home or
3. your usual place of business, or
4. send it to your last known address by certified or registered mail, return receipt requested.
State tax refund,
You may receive a Notice of Levy on Your State Tax Refund, Notice of Your Right to Hearing after the levy.  Yes the IRS can also gobble up your state tax refund.
Managerial Review
You may ask an IRS manager to review your case, or you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a Collection Due Process hearing with the IRS office listed on your notice.
Filing
You must file your request within 30 days of the date on your notice. Some of the issues you may discuss include:
a. You paid all you owed before the IRS sent the levy notice,
b. The Internal Revenue Service  assessed the tax and sent the levy notice when you were in bankruptcy, and this was subject to the automatic stay during bankruptcy,
c. IRS made a procedural error in an assessment,
d. The time to collect the tax called the statute of limitations expired before we sent the  tax levy notice,
e. You did not have an opportunity to dispute the assessed liability for various reasons,
f. You wish to discuss the collection options or,
g. You wish to make a spousal defense. These are usual innocent spouse or injured spouse requests.
Do not be bullied by the Internal Revenue Service. Have former IRS agents fight back and get your release of an IRS tax Levy garnishment.
Remember IRS will not release the tax Levy garnishment until you comply with the rules and regulations set forth above.
Contact fresh start tax llc today and find out more about how to take care of the IRS Tax Levy Garnishment .
We are fast, affordable and A+ rated by the Better Business Bureau. 1-866-700-1040.
What is a Tax Levy Garnishment – Get IRS Relief, Get your Money back NOW

Tax Levy on Back Account – How to get your Money Back – Former IRS Agents

by Fresh Start Tax | Jan 14, 2013 | Tax Levy and Wage Garnishments

Tax Levy on Back Account – How to get your Money Back  1-866-700-1040.

 
Have Former IRS agents and managers get your money back.
If you have a tax levy on your bank account call us today and find out how easy it is to get your money back from the Internal Revenue Service.
We are comprised of tax attorneys, CPAs, enrolled agents and former IRS agents.
We have over 205 years professional tax experience in over 60 years of working directly for Internal Revenue Service as former agents, former managers, and former IRS instructors.
We have resolved and settled thousands of cases regarding Tax Levies on Bank Accounts.
Not only can we get your bank or wage levy release we can also work out a tax settlement with Internal Revenue Service.
If you do not answer IRS notices, letters, or bills IRS will systematically send out notices of tax levies on bank accounts or wages. These are done so on the IRS CASE 2 computer system.
 

The Process on getting your Tax Levy on a bank account released

 
To get your tax levy on your bank account released IRS will require a current financial statement with complete documentation.
You can go on the website of Fresh Start Tax and download form 433/F or 433/A and be prepared to accurately and correctly fill out all information. You may leave no section blank. You will also need to completely document the financial statement with all bill and receipts.
When Fresh Start Tax is retained we’ll will immediately send to IRS a valid power of attorney and you will never ever speak to the Internal Revenue Service.
We will help you complete the financial statement and the documentation required to get your levy released and your case closed.
If you need to file back tax returns we will make sure all your returns are filed and up-to-date.
We will also go over all the different tax options available to you and workout tax settlement with the Internal Revenue Service.
 

The Tax Levy Holding Period on a Bank Account

 
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.
For the record , “Bank” includes credit unions, savings and loan associations, trust companies, etc..  During the holding period, a levy might be released, or the amount owed could decrease.
 

Bank Account Levies – Amount that Must be Surrendered to the IRS

 
The bank must send the amount in the taxpayer’s accounts.
A bank levy attaches to any property or rights to property that belong to the taxpayer or on which there is a Federal tax lien, unless it is exempt. It must send no more than the amount shown on the notice of tax levy.
 

By Law, Tax Levy on Bank Accounts

 
By law banks cannot immediately honor the IRS levy. Thank god for the 21 day holding period.
Per IRS and their manual IRM 5.11.4.1, Holding Period, for guidance on the holding period after a bank levy. That period is 21 days.
 

For important information on the Levy seizure process of the IRS

 
The notice of levy only reaches the amount on deposit when the levy is received.
Money deposited later is not surrendered, including deposits during the holding period. Another tax bank levy must be served to reach this money.
Also, the bank tax levy only reaches deposits that have cleared and are available for the taxpayer to withdraw.
Levy proceeds must not be reduced by any fee charged by the bank.
At the end of the 21 days if the bank does not receive a release a Levy from the Internal Revenue Service bank then sends the money to IRS.
 

Requirements – Bank Identification of Property and Rights to Property

 
The instructions on Form 668-A, Notice of Levy, require the recipient to:
“Make a reasonable effort to identify all property and rights to property belonging to this person. At a minimum, search your records using the taxpayer’s name, address, and identifying number(s) shown on this form.”
 
Important Note – The instructions do not require a perfect match of all information.
In the event there is a question regarding what the levy attaches, the bank should contact the revenue officer or IRS employee whose name appears on the levy.
A bank levy attaches to the property of the taxpayer named on the levy. Even though the TIN on the bank account does not match the TIN on the levy.
The Taxpayer ID Number is not the sole indicator of the taxpayer’s property or right to property in a bank account.
Multiple factors may be considered to validate ownership,:
1. including similar names,
2. addresses, entity types and other identifying characteristics.
In some cases, it may be reasonable for the depository to identify an account based on a single matching identifier. In other cases, it may be appropriate for the depository to corroborate one matching identifier by matching one or more additional identifiers.
It would be reasonable for the depositary to call the contact number on the levy for guidance.
 
Tax Levy on Back Account – How to get your Money Back 1-866-700-1040.
Get Relief of your Tax Levy today!