by Fresh Start Tax | Jul 2, 2013 | Tax Levy and Wage Garnishments
There is a very specific process to stop an IRS wage garnishment.
As a former IRS agent I have issued thousands of bank levies and IRS wage garnishment’s and I can tell you firsthand there is only one way to go ahead and release any IRS wage levy garnishment.
First Things First, What is a IRS WAGE GARNISHMENT?
A IRS WAGE GARNISHMENT is a legal seizure of your property to satisfy a back tax debt.
Levies or garnishments 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.
What IRS has the right to do.
IRS can seize and sell property that you hold such as your car, boat, or house or 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.
These three requirements are must be met for IRS to levy wages:
- They assessed the tax and sent you a Notice and Demand for Payment;
- You neglected or refused to pay the tax; and
- They 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.
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 a hardship situation, contact us immediately.
A levy/garnishment release does not mean you are exempt from paying the balance.
The IRS will work with you to establish payment plans or take other steps to help you pay off the balance.See below.
Important Note to Employers who receive IRS Wage Garnishment on Employees
Employers generally have at least one full pay period after receiving a Form 668-W, Notice of Levy on Wages, Salary and Other Income before they are required to send any funds from their employee’s wages.
You can always ask the IRS manager to review the case.
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.
Option of File an Appeal
You must file your request within 30 days of the date on your notice. Some of the issues you may discuss include:
1. You paid all you owed before we sent the levy notice,
2. IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
3. IRS made a procedural error in an assessment,
The time to collect the tax (called the statute of limitations) expired before we sent the levy notice,
4. You did not have an opportunity to dispute the assessed liability,
5. You wish to discuss the collection options, or
6. You wish to make a spousal defense.
At the conclusion of your hearing, the Office of Appeals will issue a determination. You will have 30 days after the determination date to bring a suit to contest the determination. Refer to Publication 1660 (PDF), for more information.
If your property is levied, garnished or seized, contact the employee who took the action. You also may ask the manager to review your case. If the matter is still unresolved, the manager can explain your rights to appeal to the Office of Appeals.
How to Stop the IRS Wage Garnishment
To stop the IRS wage garnishment you will need to give the Internal Revenue Service a current financial statement and that will be need to given on form 433f, you can find that form on our website.
Make sure you fill out an honest and accurate financial statement because IRS will verify everything that is on that financial statement along with all documentation.
IRS will also request the last 3 to 6 months worth of bank statements and your last pay stub.
IRS will then conduct a national and regional standards test and compare them against your financial statement. The purpose for this, IRS wants to make sure you’re living within your means.
Once IRS compares your financial statement against the standards, IRS will suggest to you that your case is either eligible for a economic tax hardship which is called currently noncollectable or IRS will demand an installment payment agreement, or IRS will recommend to you that you are an offer in compromise candidate.
Once IRS has your current financial statement and makes a determination on your case they will release your wage levy garnishment as a general rule that same day.
The Key to getting a Wage Garnishment Release
The key to get immediate release of an IRS wage garnishment is to call the Internal Revenue Service and be ready to fax the financial statement with all verifying information to the agent on the phone and have IRS make a determination right then and there.
Contact us today for a free initial tax consultation and see how we can stop your IRS wage garnishment and settle your tax case.
Do not be bullied by the Internal Revenue Service.
How to STOP a IRS Wage Garnishment, Former IRS Agent Explains
by Fresh Start Tax | Jun 26, 2013 | Tax Levy and Wage Garnishments
Give us your complete and accurate financial statement and we will usually get your tax levy released immediately.
We are comprised of tax attorneys, certified public accountants, and former IRS agents. Our former IRS agents have worked out of the local South Florida IRS offices for a combined 60 years.
They have worked as IRS agents, IRS auditors, IRS revenue officers, IRS appeals agents, as well as IRS teaching instructors right here in South Florida.
As a result of their years of tax experience they know all the tax protocols, all the IRS settlement formulas and all the IRS settlement strategies to get immediate tax levy releases.
Not only can we get affordable immediate tax levy releases we can also settle your IRS case at the same time.
Before the Internal Revenue Service will release any tax levy they will require a financial statement and want all tax returns filed and up to date.
That financial statement will need to be on form 433F.
You can find that financial statement on our website.
That financial statement will need to be complete and accurate. It will need to include all documentation including the last 3 to 6 months bank statements and all income and expenses as well as the last pay stubs. Your statement must be completely verified.
Once IRS completely reviews the financial statement, the IRS will then close the case by one of three closing methods.
IRS will either place the case into:
- currently noncollectable,
- IRS will insist on a monthly or current installment payment or,
- they may suggest the filing of an offer in compromise.
Once IRS determines the closing method and reviews your financial statement they will immediately send a levy release to the bank or to your employer and close your case off the enforcement computer that very day.
Once the Internal Revenue Service receives that financial statement that process will usually take no more than 24 hours. It is critical that IRS received that financial statement immediately. Get us your financial statement and we will get you your levy release.
What is a Tax Levy to you have received
A levy is a legal seizure of your property to satisfy a tax debt.
Levies are different from liens.There are bank levies and wage levies.
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,
- IRS could seize and sell property that you hold such as your car, boat, or house or
- 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.
IRS usually levy only after these three requirements are met:
1. They assessed the tax and sent you a Notice and Demand for Payment;
2. You neglected or refused to pay the tax; and
3. 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 very received a bank levy there is a 21 day freeze put on the money. The bank will hold the money for a 21 day period therefore you have 21 day period to get the release from the IRS.
Employers generally have at least one full pay period after receiving a Form 668-W, Notice of Levy on Wages, Salary and Other Income before they are required to send any funds from their employee’s wages. Encourage your employees that have a levy placed on their wages to contact the IRS as soon as possible to discuss a release of levy and resolution of their tax liability.
If IRS issues you a Release
A levy release does not mean you are exempt from paying the balance.
The IRS will work with you to establish payment plans or take other steps to help you pay off the balance.
To help ensure quick action, please have the fax number available for the bank or employer office that is processing the levy.
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. You must file your request within 30 days of the date on your notice.
Some of the issues you may discuss include:
- You paid all you owed before we sent the levy notice,
- The IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
- The IRS made a procedural error in an assessment,
- The time to collect the tax (called the statute of limitations) expired before we sent the levy notice,
- You did not have an opportunity to dispute the assessed liability,
- You wish to discuss the collection options, or
- You wish to make a spousal defense.
At the conclusion of your hearing, the Office of Appeals will issue a determination. You will have 30 days after the determination date to bring a suit to contest the determination. Refer to Publication 1660 (PDF), for more information.
If the matter is still unresolved, the manager can explain your rights to appeal to the Office of Appeals.
Affordable Immediate Tax Levies Releases – Ft.Lauderdale, Miami – Broward, Dade County
by Fresh Start Tax | Jun 11, 2013 | Tax Levy and Wage Garnishments
STOP IRS Wage Garnishment – NOW
As soon as you give IRS a completed and documented form 433-F, IRS will make arrangements to send over to your employer in IRS wage garnishment release.
Contact us today and you can stop start the process of stopping your IRS wage garnishment right now.
We are in IRS tax resolution firm that has a specialty in IRS tax representation.
We are comprised of tax attorneys, certified public accountants, enrolled agents, and former IRS agents, managers and tax instructors who have over 60 years of working directly for the Internal Revenue Service the local South Florida IRS offices.
While at Internal Revenue Service we taught tax law,
We have been in private practice right here in South Florida since 1982 and we are A+ rated by the Better Business Bureau.
The process to get your money back from IRS from a IRS Wage Garnishment
If you have received a notice of levy on your payroll or wages it is because you did not respond to final notices that IRS sent to you at your last known address. IRS must send their final notice to your last known address found on your last filed tax return.
As a result, the Internal Revenue Service systemically sends out computer generated levies from their CADE2 to computer. The IRS levy sources are found on your last couple of your tax returns and from third-party reporting sources
To get your wage garnishment levy released, IRS will need a current financial statement.
That financial statement will be on form 433-F which you can find directly on our website. Just go to IRS forms on our website and simply download the form and complete it.
You will need to fill out that 433-F along with all the documentation to verify all the numbers that you put down on the form along with the last 3 to 6 months worth of bank statements, copy pay stubs, and a verification of all your monthly bills.
IRS completes a carefully review the financial statement so you want to make sure you are accurate and honest.
Once IRS reviews your current financial statement they will begin the process to release your IRS Wage Garnishment levy.
IRS will compare your financial statement to the national, regional and geographical standards.
It is very important for the taxpayer /client to understand the national standards tests. You can also find these national, regional and geographical standards on our website as well.
IRS will then provide the information to you into which closing category as a result of the financial review.
As a general rule, IRS will close your case and either place you into:
- an economic tax hardship which means you are currently noncollectable,
- they will enter you into an installment or monthly payment agreement,
- or indicate to you that you are a suitable candidate for IRS tax debt settlement otherwise called an offer in compromise.
- Once IRS indicates to the closing settlement method , t hey will immediately release your wage garnishment tax levy.
IRS Rules about IRS Wage Garnishment Tax Levy
An individual’s wages, salary, payroll and other income can be levied.
Wages, salary, and other income include payment for personal services in a work relationship.
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.
You should refer to 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.
The Really Bad News Continuous Effect of Levy on Salary and Wages
Unlike other IRS tax levies, a levy on a taxpayer’s wages ( wage garnishments) and salary has a continuous effect. this means it never stops until the IRS issue your employer or release of the payroll garnishment levy.
It attaches to all future payments, until the levy is released. It is critical to start the process of a wage garnishment release as soon as it is received by your employer. The employer is not allowed to give you any money or funds until the payroll department gets a release.
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.
Bank Account Levies
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.
So the payroll garnishment levy is a much more punishing garnishment.
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.
Exempt Amounts from the Wage Garnishment Levy
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.
If you need an immediate release of a IRS Wage Garnishment levy contact us today.
We are A+ rated by the Better Business Bureau and have been in practice right here in South Florida since 1982.
We are the fast, friendly, and affordable tax firm comprised of local South Florida tax professionals.
Call us today for a free initial tax consultation and start the process to get your money back right now.
Stop IRS Wage Garnishment Levy – Get your Money Back – Ft.Lauderdale, Miami, Attorneys, Former IRS
by Fresh Start Tax | Jun 11, 2013 | Tax Levy and Wage Garnishments
Payroll Garnishment Levy – Get your Money Back Now, Former IRS Agents Who Know the System, Find Out Now, Free Consults
If the Internal Revenue Service has just levied your paycheck call us today to get your money back and your case settled.
We are comprised of tax attorneys, tax lawyers, certified public accountants, and former IRS agents, managers, and tax instructors who worked in the local South Florida IRS offices for over 60 years.
We know the exact system on how to get your money back from the Internal Revenue Service, get your levy released and worked out a tax settlement.
The process to get your money back from IRS
If you have received a notice of levy on your payroll or wages it is because you did not respond to final notices that IRS sent to you at your last known address.
As a result, the Internal Revenue Service systemically sends out computer generated levies from their CADE2 to computer.
To get your payroll levy released, IRS will need a current financial statement.
That financial statement will be on form 433-F which you can find directly on our website.
You will need to fill out that 433-F along with all the documentation to verify all the numbers that you put down on the form along with the last 3 to 6 months worth of bank statements, copy pay stubs, and a verification of all your monthly bills.
Once IRS reviews your current financial statement they will begin the process to release your payroll levy.
IRS will compare your financial statement to the national, regional and geographical standards. It is very important for the taxpayer /client to understand the national standards tests.
IRS will then provide the information to you into which closing category as a result of the financial review.
As a general rule, IRS will either place you into a
- an economic tax hardship which means you are currently noncollectable,
- they will enter you into an installment or monthly payment agreement,
- or indicate to you that you are a suitable candidate for IRS tax debt settlement otherwise called an offer in compromise.
- Once IRS indicates to the closing settlement method , t hey will immediately release your payroll garnishment tax levy.
IRS Rules about Payroll Garnishment Tax Levy
An individual’s wages, salary, payroll and other income can be levied.
Wages, salary, and other income include payment for personal services in a work relationship.
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.
You should refer to 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.
The Really Bad News Continuous Effect of Levy on Salary and Wages
Unlike other IRS tax levies, a levy on a taxpayer’s wages and salary has a continuous effect. this means it never stops until the IRS issue your employer or release of the payroll garnishment levy.
It attaches to all 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. So the payroll garnishment levy is a much more punishing garnishment.
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.
Exempt Amounts
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.
If you need an immediate release of a payroll garnishment levy contact us today.
We are A+ rated by the Better Business Bureau and have been in practice right here in South Florida since 1982.
We are the fast, friendly, and affordable tax firm comprised of local South Florida tax professionals.
Payroll Garnishment Levy – Get your Money Back – Ft.Lauderdale, Miami, Attorneys, Former IRS
by Fresh Start Tax | Jun 11, 2013 | Tax Levy and Wage Garnishments
Tax Levy IRS – Get your money Back & Case Settled
Call us today to get your money back from the Internal Revenue Service and settle your case at the same time.
Being former IRS agents and managers who worked in the local South Florida offices we know how to get your IRS tax levy released and get your case settled all at the same time.
We worked as revenue officers, revenue agents and taught tax law at the Internal Revenue Service.
We also worked as managers and supervisors. We know how to get your IRS tax levy released ASAP.
We know all the formulas and the tax protocols to get your case closed and your levy released or removed.
We have been in private practice in South Florida since 1982 and we are A+ rated by the Better Business Bureau.
How to get your Money Back and your Case Settled
IRS has a very specific process to get your tax levy released.
IRS will require a current financial statement which is form 433-F and that financial statement can be found on our website.
IRS will want a completely documented financial statement along with copies of your pay stubs and expenses to verify the financial statement.
Once IRS reviews the financial statement they will compare that against the national, regional, and local expenses. IRS wants to make sure a taxpayer is living within their means and the allowable budget that meets the standards of the Internal Revenue Service.
IRS will then suggest a closing method to the taxpayer.
As a general rule the closing method used by IRS are found below.
Based on your current financial statement, the IRS would either put your case into a:
- enter you into an installment or monthly payment agreement,
- or recommend that you are a suitable candidate for offer in compromise.
Once you agree to one of these closing methods the IRS will then give you an immediate release of the tax Levy.
This process can take less than 72 hours.
As a matter of fact once you give IRS a current financial statement with all your documentation you usually can get your levy release that day.
Can you be fired from your job because of an IRS levy?
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.
Refer 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.
A Wage Levy has a Continuous Effect 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.
Example:
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.
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 note of importance, if the internal revenue service has issued you a form 433-a those are one time levies only. To seize or garnish monies again they must continue to re-issue 433-A’s.
A 433-a is a one-time levy and a 668-W is a continuous 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.
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 from a levy 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.
Tax Levy IRS – Get your money Back & Case Settled Affordable – Miami, Ft.Lauderdale – Former IRS Managers, Agents
by Fresh Start Tax | Jun 11, 2013 | Tax Levy and Wage Garnishments
IRS Levy, Get your money BACK NOW
If you’ve just found out the IRS has sent a levy to your bank or to your employer contact us today to get immediate and permanent tax relief from an IRS levy.
We are comprised of tax attorneys, certified public accountants, enrolled agents, and former IRS agents, managers, and tax instructors.
We have worked in the South Florida IRS offices for over 60 years.
As a result of our years of experience, we know all the protocols, all the codes, and all the tax settlement strategies to get your IRS levy of immediate released in your case settled.
Contact us today for a free initial tax consultation and we can make this a fast, simple, and affordable process for you to get your money back now.
What will be required to get an IRS levy lifted
To get an IRS levy lifted you will need to provide the Internal Revenue Service with the current financial statement.
That financial statement will be on form 433-F which you can find on our website.
You will need to completely document your 433-F to prove all income and all expenses. IRS also require the last 3 to 6 months worth of bank statements in your last pay stub.
IRS will then compare your income and expenses against the national, regional, and local standards to determine how IRS will go ahead and close the case.
As a general rule once the IRS receives a financial statement and you agree to a settlement strategy, the IRS will immediately release the levy on your wages or your bank account.
Can your Employer Threatens to Fire you Because of a IRS Levy
Sometimes an employer threatens to fire an employee to avoid handling a levy. Make sure this does not to you.
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.
You should refer 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.
Continuous Effect of Levy on Salary and Wages Form 668-W
Unlike other IRS levies, a levy on a taxpayer’s wages and salary has a continuous effect. It never stops until the IRS issues a wage levy release.
It attaches to future payments, until the Wage 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.
Example:
The 668-A : 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.
Retirement, Royalty Income.
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 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 a IRS Tax Levy
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.
Remember your IRS levy can be released as soon as IRS has a complete and accurate and documented financial statement.
Also you want to make sure that all your tax returns are filed and up-to-date.
Many times IRS can refuse issuing a levy release because taxpayers fail to bring all their tax returns current.
If you have unfiled tax returns contact us today and we can get your tax returns filed get your levy released at the same time
IRS Levy, Get your money BACK NOW – Ft.Lauderdale, Miami – Affordable Former IRS