by Fresh Start Tax | Jun 11, 2013 | Tax Levy and Wage Garnishments
IRS Levy – Bank Accounts, Miami, Ft.Lauderdale
If the IRS has sent a levy to your bank account or on your wages contact us today.
We can get your money back and your case settled.
We can get your IRS levy released as fast as anybody in the industry simply because of our years of experience and the numbers of IRS levies we have released over the years.
We are comprised of tax attorneys, certified public accountants, and former IRS agents, managers and instructors who worked out of the South Florida IRS offices for over 60 years.
As a result of our years of experience we know the exact protocols to get an IRS levy whether it be a bank account levy or a wage garnishment levy released as soon as possible.
We have been in practice right here in South Florida since 1982 and we are A+ rated by the Better Business Bureau. Fresh start tax is an IRS specialty tax firm. All we do is resolve IRS problems.
The process of getting an IRS levy released
Certain steps must be taken to get an IRS levy released.
IRS will require a current financial statement which is on form 433-F.
You can find that form on our website. You will need to complete this financial statement and provide all necessary documentation to prove the validity of the financial statement.
Along with the completed financial statement IRS will require bank stubs, pay stubs, and a copy of all your monthly expenses.
IRS will then take that financial statement income and compare it against what is called as the national and regional standards test. You can find those national and regional standards on our website as well.
Contact us today for a free initial consultation and we can start the immediate process of getting your IRS tax levy released.
By Law, What is a Tax Levy
A levy is a legal seizure of your property to satisfy a back tax debt.
Tax levies are different from tax liens, the two are often confused.
A lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt. It also should be known that a levy is an actual seizure.
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.
The IRS could seize and sell property that you hold such as your car, boat, or house, or
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. There are a few things that the Internal Revenue Service cannot seize.
Three requirements are met before an IRS levy can be issued:
1. The IRS has 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.
How delivery of the Notice and demand must take place
The Internal Revenue Service 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 are in a financial Hardship
If the IRS determines the levy is creating an immediate economic hardship, the levy may be released.
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.
Note to Employers on the IRS Wage Levy
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.
The employers should 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.
You can ask the IRS Manager for help
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,
- We assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
- We 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.
It is very possible to get an IRS levy released within a 72 hour period.
Once Fresh Start Tax is retained and the tax payer provides us with the necessary documentation, as a general rule we can get the IRS levy, whether it be a bank account levy or a wage levy released the same day.
Fresh Start Tax, since 1982 A+ rated by the Better Business Bureau.
IRS Levy – Bank Accounts, Wage Levy – Miami, Ft.Lauderdale – Affordable, Fast – Attorneys, Former IRS
by Fresh Start Tax | Jun 10, 2013 | Tax Levy and Wage Garnishments
IRS Wage Levy Garnishment – Christian Tax Relief Services <><
We are professional Christian tax firm that specializes in IRS wage and bank levy releases. Christians should have good solid biblical Tax Counsel.
We are comprised of Christian tax attorneys, Christian CPAs, and former IRS agents, managers and tax instructors who are professing Christians.
We can not only get your IRS wage garnishment levy released we can also settle your case at the same time.
Contact us today for a free initial tax consultation.
We are A+ rated by the Better Business Bureau of been in private practice since 1982.
We are affordable Christian tax firm.
IRS Wage Levy Garnishment Release
Before the Internal Revenue Service will release an IRS wage levy garnishment you will need to provide to the IRS a complete financial statement.
That financial statement can be found on our website. The form, 433-F.
You will need a completely documented that financial statement that will include copies of current pay stubs, last three months bank statements and copies of all of your monthly expenses.
IRS will compare your financial statement against the national and regional standards for living expenses.
Once the Internal Revenue Service conducts a review of your financial statement they will determine one of three closing methods that you will fall into.
Simultaneously, once the closing method is accepted your IRS wage levy garnishment will be immediately released.
You can actually get your IRS wage levy garnishment released the same day we get your IRS financial statement. We not only will get your IRS wage levy garnishment released we will get your case settled.
The IRS Wage Levy Garnishment
An individual’s wages, salary, and other income can be levied.Wages, salary, and other income include payment for personal services in a work relationship.
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.
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.
Continuous Effect of a Wage Levy Garnishment 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.
Retirement 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 Wage Garnishment
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.
Contact us today to speak to Christian tax professionals who are experts getting releases for the IRS wage levy garnishments.
IRS Wage Levy Garnishment – Christian Tax Relief Services – Affordable Attorneys, CPA’s, Former IRS
by Fresh Start Tax | Jun 10, 2013 | Christian IRS Tax Relief, Tax Help, Tax Levy and Wage Garnishments
IRS Levy – Affordable Christian Tax Firm <><
We are a Christian professional tax firm that specializes in IRS tax relief.
We can get your IRS levy lifted and settle your case at the same time.
We have over 206 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service.
We are tax specialty firm that deals with IRS tax resolution.
Contact us today for a free tax consultation.
We are fast, friendly and affordable Christian tax firm.
We are A+ rated by the Better Business Bureau and have been in private practice since 1982.
We are comprised of Christian tax attorneys, certified public accountants, enrolled agents, and former IRS agents and managers all who are practicing and professing Christians.
How to get an IRS tax levy removed
There is a very specific process to get in IRS tax levy released.
The Internal Revenue Service will require a current financial statement. That form is a 433-F. You can find that form on our website.
IRS will expect an accurate, correct and honest financial statement.
To ensure that takes place, the Internal Revenue Service will want the 433-F financial statement completely documented along with a copy of your last current pay stubs, bank statements, and copies of all your current expenses.
IRS will conduct a reasonable standards test to make sure you are living within your means.
IRS also has geographical standards to make sure you are living within the national and regional standards of your surrounding area.
After IRS completely reviews your financial statement and applies the national standard tests they will place you in one of three categories.
IRS will either determine that you are an:
- economic tax hardship at the current time and place you into a currently not collectible file,
- they will ask you to set up an installment or a payment plan,
- or advise you that your a tax settlement candidate.
What is a IRS Levy
A levy is a legal seizure of your property to satisfy a tax debt.
Tax Levies are much 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.
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.
Three levy requirements need to be 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.
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 IRS issues you a Levy 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.
Wage Levies
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.
Employers should encourage 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.
You may Appeal a IRS Decision
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 tax issues you may discuss include:
- You paid all you owed before we sent the levy notice,
- IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
- 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.
Contact us today and speak directly to a Christian tax professional.
You should not be burdened owing IRS tax.
You will get solid biblical tax advice.
IRS Levy – Affordable Christian Tax Attorneys, CPA’s, Former IRS – Get your Levy Removed
by Fresh Start Tax | May 13, 2013 | Tax Help, Tax Levy and Wage Garnishments
IRS Bank Account Levy Help, Former IRS – Stop IRS Bank Levy, Affordable 1-866-700-1040
If you have received an IRS bank account levy and need immediate tax help please contact us today and speak directly to former IRS agents, managers and tax instructors.
We have over 206 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service and the local, district, and regional tax offices of the Internal Revenue Service.
We have a 21 day window in which to get the money back from the Internal Revenue Service in full.
A Bank Cannot turn the money over to the IRS right away, they must wait.
There is a Holding Period for a IRS Bank Account Levy.
A bank must wait 21 calendar days after a levy is served before sending payment to the IRS.
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.
A “Bank” includes credit unions, savings and loan associations, trust companies, and others described in IRC 408(n) and Treas. Reg. §301.6332–3(b).
If the bank receives no release, it must send the payment after the holding period. No additional notice is required.
What is a IRS Levy or Garnishment
A levy is a legal seizure of your property to satisfy a tax debt.
IRS Tax Levies are much different from tax liens.
A tax lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt. A levy is an actual seizure of assets.
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.
IRS could seize and sell property that you hold such as your car, boat, or house or
the Service 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).
What is required for an IRS bank account levy to be released ASAP
To get an immediate release of an IRS bank account levy a taxpayer will be required to give IRS a current financial statement.
That financial statement will be turned over to IRS on form 433-F.
That financial statement will need to be fully documented along with all copies of pay stubs, bank statements and a verification of all expenses. The Internal Revenue Service will review your financial statement and determine which of three closing categories that you will be placed into.
The Internal Revenue Service may place you into an economic tax hardship, IRS may recommend a payment or installment agreement or let you know that your are a suitable candidate for a tax debt settlement offer in compromise. Your financial statement will dictate the closing method that will be used by the Internal Revenue Service.
That is why it is critical to turn to an IRS tax professional to prepare, to contact the IRS, and to make sure the closing method IRS wants to invoke suitable to your current financial condition.
Rules of Bank Account Levies : IRS usually levy only after these three requirements are met:
- The IRS assessed the tax and sent you a Notice and Demand for Payment,
- 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.
IRS has options on methods of service.
- 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.
IRS can levy 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.
Notes about a Release of Levy
A bank account 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.
If you do not like the results from the IRS Agent, Appeal
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,
- 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.
IRS Bank Account Levy Help – 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.
You also may ask the manager to review your case for IRS Bank Levy Help.
If the matter is still unresolved, the manager can explain your rights to appeal to the Office of Appeals.
Levying Your Wages, Federal Payments, State Refunds, or Your Bank Account
If we levy your wages, salary, federal payments or state refunds, the levy will end when:
a. The levy is released,
b. You pay your tax debt, or
c. The time expires for legally collecting the tax.
Information about a Bank Liaison
The holding period was created to settle disputes about ownership of bank accounts before money is sent.
Sometimes ownership is not settled before the holding period ends. If this happens, ask the bank for more time.
Amount that Must be Surrendered for a IRS Bank Account Levy
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. See IRC 6331, Levy and Distraint , for legal authority to levy. However, it must send no more than the amount shown on the notice of levy.
IRS Bank Account Levy Help, Former IRS – Stop IRS Bank Levy, Affordable
by Fresh Start Tax | May 13, 2013 | Tax Levy and Wage Garnishments
Bank Levy IRS – Immediate Tax Relief, Levy Releases, Former IRS 1-866-700-1040
Last year the Internal Revenue Service sent out 3.6 million bank levies and wage garnishment notices to taxpayers owing back taxes and the Internal Revenue Service also followed that up with filing over 900,000 federal tax liens.
The Bank Levy & Wage Garnishment is the major collection tool used by the Internal Revenue Service. It is the largest collection tool in the world Collecting billions of dollars for the United States government.
If you need immediate tax relief and need a fast and affordable bank and wage garnishment levy releases, contact us today for a free initial tax consultation and start the process to get your money back from the Internal Revenue Service. It will be a very simple process
You can speak directly to tax attorneys, certified public accountants and former IRS agents.
We know the exact systems and the exact protocols to get fast and affordable results for IRS bank and wage garnishment levy.
We can not only get your IRS bank Levy released or removed we can also settle your tax debt with the Internal Revenue Service.
We have over 60 years of working directly for the Internal Revenue Service in the local, district, and regional tax offices of the Internal Revenue Service.
Our firm has over 206 years of professional tax experience and we are one of the most credible and trustworthy professional tax resolution company’s in the nation with an A+ rated by the Better Business Bureau
We also taught tax law at the Internal Revenue Service and were instructors of new IRS agents. Beside teaching the new IRS agents their jobs we also taught the IRS tax debt settlement call the offer in compromise.
While employed at the Internal Revenue Service we issued thousands of IRS bank levies so it would only make sense that we would know the process of releasing or removal process.
The IRS Bank Levy
The IRS cannot immediately remove your money or funds out of a bank or financial institution.
There is a freeze or holding period on the a IRS Bank Levy.
A bank must wait or hold off for 21 calendar days after a levy is served before sending payment.
On the next business day, it must turn over the taxpayer’s money.
The Internal Revenue Service gives the taxpayer 21 days to contact the Service and work out an agreeable plan to get the levy released. Most professional tax resolution firm’s should be able to get your levy released with in this 21 day period.
The IRS Wage Garnishment Levy
There is a difference between the IRS bank levy in the IRS wage garnishment levy. Whereas there is a 21 day holder freeze. With the IRS bank levy the IRS wage garnishment levy is an immediate seizure.
It is a continuous wage garnishment that takes effect for every pay period. IRS will not release the wage garnishment levy until the taxpayer calls the Internal Revenue Service and works out a tax settlement.
What is required by the taxpayer to get immediate tax relief
It is critical that the taxpayer send or fax to IRS a current financial statement along with all documentation to start the process to get immediate release of the IRS bank levy notice. (IRS Financial statement 433-F) .
If you can do this on the day you get the Bank Levy or Wage Garnishment notice you will be eligible for immediate release of the bank levy notice and get your tax relief.
The 433F – The IRS financial statement
To get the tax relief you need you will have to fill out a form 433-F, this is the IRS financial statement.
This financial statement is a form 433-F. That form must be completed and sent to the Internal Revenue Service. You must be fully able to support every detail of the financial statement. You can find this form on our website.
Beside the Internal Revenue Service wanting the form 433-F they will also want your last 3-6 months worth of bank statements and your last pay stub.
The Exact Process of getting a Immediate release of a IRS Bank Levy Notice & Wage Garnishment
As a general rule, the Internal Revenue Service has sent out three or four tax notices or tax bills to the taxpayer or business who has not responded to the final notice. That final notice describes the information regarding the seizure action that the IRS considered on your case. The last and final notice that you will receive from the Internal Revenue Service is the L- 1058 letter. The Internal Revenue Service computer will systematically send out an IRS Bank Levy or Wage Garnishment levy if you do not respond to IRS after the 30 days.
In many cases because the taxpayers have moved and they have never received the final notices from the Internal Revenue Service. According to the Internal Revenue Service is the taxpayer’s responsibility to advise the service of any changes in addresses.
This is usually the last thing a person will think about when they move however this is fully addressed in the internal revenue manual and cannot be used as an excuse by the taxpayer per the IRS and they have the hammer.
The IRS Levy & Garnishment Machine – The CADE2 IRS Enforcement Computer
The next step is for the CADE2 computer system which is the IRS beast of a enforcement computer to systemically issue either a bank levy freeze or a wage garnishment notice to the taxpayers employer. No human hand ever touches the levy.
The Internal Revenue Service uses your last filed tax return and income tax transcripts to find out where your bank is located or who your employer is. These are called IRS levy sources and are located within the CADE2 computer system.
Get your financial statement into IRS ASAP for Immediate Tax Relief of a IRS Bank Levy or Wage Garnishment
Before the Internal Revenue Service will release a bank levy or a wage garnishment the Internal Revenue Service will need a current financial statement to determine how to close the case within their system.
IRS will evaluate each taxpayer’s ability to pay after it receives a fully documented and accurate financial statement. The faster you get the financial information to the Internal Revenue Service the faster you will get the IRS bank levy or wage garnishment release.
Closing Methods for a Bank Levy or Wage Garnishments from the IRS
The IRS will then determine which of the three closing method best suits the taxpayer based on their current financial statement. It is critical that taxpayers be aware of the national and regional standard test that IRS will be applying against their current expenses on their financial statement. After the Internal Revenue Service does a complete analysis of the financial statement they will tell the taxpayer on how they intend to proceed on their case.
Once the taxpayer agrees to the closing method that the IRS suggests the agent working the case will send an immediate release of the bank levy to the financial institution or to an employer.
It should be known that the taxpayer has a right at any time to appeal the closing method that IRS suggests.
You can contact us directly to file any notices of appeal.
IRS may recommend that you are to be eligible for economic tax hardship and place you into a currently not collectible file, they may determine that you should be able to make current installment payments, or they may decide that you are a suitable candidate for an offer in compromise.
Everything is based on your current and accurate financial statement, that’s why it is critical that a professional tax resolution specialist prepare your statement and negotiate with the Internal Revenue Service.
As a former IRS agent I can tell you there is a huge difference between a taxpayer worked in their own case and a tax professional. The results are dramatic.
To get an Immediate Release of a Bank Levy for Tax Relief you need to:
To get an immediate release of a bank levy freeze a taxpayer should fully and accurately complete the 433F along with having all documentation to support that statement.
If a taxpayer calls us with the completed an accurate 433F financial statement along with all documentation that supports the financial statement, as a general rule, we can get an immediate release of the bank levy freeze that very day. But remember all the documentation must be there.
It is critical that you have all documentation to support your financial statement along with having copies of your last pay stubs last 3 to 6 months worth of bank statements.
It should be known that the Internal Revenue Service does not wish to levy but has no choice because the taxpayers did not respond to the bills and notices sent to the last known address.
Very Important information to get a Release of a IRS Bank Levy for Tax Relief
The Law on the Holding Period on the 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. This includes holiday time.
The depositor(s) can waive this waiting period. The bank will not send money that is subject to attachment or execution under judicial process.
A “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 IRS holding period, a IRS bank levy might be released, or the amount owed could decrease.
If the bank receives no IRS release, it must send the payment after the holding period.
The Bank Liaison Information for the IRS Bank Levy
The holding period was created to settle disputes about ownership of bank accounts before money is sent. You would be surprised on how many time the bank errors and sends the money on the wrong taxpayer.
IRS will assign a bank liaison in each territory to settle these issues.
Sometimes ownership is not settled before the holding period ends. If this happens, ask the bank for more time.
For Multiple Signature Authority on Bank Accounts for Bank Levies
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.
Which Amounts Must be Surrendered by the IRS Bank Levy
The bank or Financial institutions 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. See IRC 6331, Levy and Distraint , for legal authority to levy.
However, it must send no more than the amount shown on the notice of levy.
By law, banks cannot immediately honor the IRS levy.
Important Information
- 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.
How will the IRS Credit a Bank Levy Payment or a Wage Garnishment
IRS will credit the bank levy or Wage garnishment payment on the date it is received.
They will credit the money in the most advantageous way to the government.
Generally, apply the money to the oldest assessment first.
The taxpayer can not designate how the money is applied because this is not a voluntary payment.
Rules for Income Deposited in a Bank Account on a Bank Levy
Part of taxpayer’s income is exempt from levy.
Once income is deposited in a bank, there is no exempt amount.
On the other hand, unlike a levy on wages and salary, a bank levy is not continuous.
When an entire paycheck is deposited, an economic hardship may exist because all of the money is levied. If this happens, release the levy in whole or in part, as appropriate, to avoid creating an economic hardship.
The IRS Economic Hardship to get your Bank Levy Release Immediately
Under IRM 5.11.2.2.1.4, Economic Hardship Provisions the IRS may determine to release of levy is required due to economic hardship.
A levy is required to be released when the Service determines the levy is creating an economic hardship, i.e., the levy will cause the individual to be unable to pay their reasonable necessary living expenses.
If a taxpayer cannot pay their current bills and they are living within their means, that is to say they are living within the national and regional standards as set forth by the IRS, they can be qualified as an economic tax hardship and be placed in the currently noncollectable file.
When that can be proven to the Internal Revenue Service the IRS will issue an immediate release of the bank levy freeze or wage garnishment.
If you feel you are going through our current economic tax hardship contact us today with the current financial statement we can let you know whether you are qualified to be put in a non-collectible status with the Internal Revenue Service.
What about Mortgage Escrow Accounts?
Banks or financial statements generally require a portion of property taxes and insurance to be paid with each mortgage payment.
This money is held in escrow until the tax and insurance are paid. As long as the taxpayer can not withdraw money in these accounts, a levy can not reach it.
Sometimes the account is overpaid.
The taxpayer may have the option to get this refunded.
A levy can reach this.
Also, when property is sold, there may be escrow money that will be refunded to the taxpayer. A levy can reach this, too.
Bank Levy IRS for Information on Schools’ Bank Accounts
Bank accounts may be levied to collect taxes that colleges, universities, and other schools owe.
These schools’ accounts may include money belonging to the Department of Education (ED).
ED gives money to some schools for student aid. This is not the school’s money.
Contact us today and speak directly to tax attorneys, certified public accountants, or former IRS agents and managers. We are A+ rated by the Better Business Bureau or better in practice since 1982. All initial consultations are free of charge.
Get Fast Results – IRS Bank Levy & Wage Garnishments – Former IRS Managers/Agents
by Fresh Start Tax | May 10, 2013 | Tax Levy and Wage Garnishments
Bank Levy Release Help – Former IRS Bank Levy Experts – Get your Money Back 1-866-700-1040
If you are looking for bank levy relief help call former IRS agents and managers. We are true tax experts to get your money back in your hands quickly and for affordable fees.
If you have received an IRS bank levy you are not alone.
The IRS filed more than 3.6 million bank levies and wage garnishment levies to taxpayers owing back taxes.
Be advised that the bank must hold the bank levy for a period of 21 days before the funds get sent to the Internal Revenue Service. With that being said we have 21 days to get all your money back in your hands.
Contact us for free initial tax consultation.
You will speak directly to IRS tax attorneys, certified public accountants, or former IRS agents and managers.
We have over 60 years of direct work experience at the Internal Revenue Service in the local district and regional tax offices of the IRS.
We are true tax experts. We not only issued bank levies at the Internal Revenue Service we actually taught bank levy law to new IRS agents. We know the exact systems, the exact protocol and all the necessary rules and regulations to get your money back fast.
Not only can we get your bank levy released we can also settle your tax bill.
The Bank Levy is the major collection tool used by the Internal Revenue Service, and it is a beast. It is the largest collection tool in the world to collect back taxes.
A bank must wait or hold off for 21 calendar days after a levy is served before sending payment.
On the next business day, it must turn over the taxpayer’s money. The Internal Revenue Service gives the taxpayer 21 days to contact the Service and work out an agreeable plan to get the levy released.
Most professional tax resolution firm’s should be able to get your levy released with in this 21 day period.
What is required by the taxpayer to get a Bank Levy Release?
There is only one format that can be used by taxpayers to get a bank levy release.
It is critical that the taxpayer send or fax to IRS a current financial statement ( 433 f ) along with all documentation to start the process to get immediate release of the IRS bank levy notice.
I suggest if the taxpayer wishes to represent themselves they should fax the information to the Internal Revenue Service as the opposed to send it by mail.
Faxing speeds up the process.
If you can do this on the day you get the bank levy notice you will be eligible for immediate release of the bank levy notice and get your tax relief.
The 433F – The IRS financial statement
To get the tax relief you need you will have to fill out a form 433-F, this is the IRS financial statement.
This financial statement is a form 433-F.
That form must be completed and sent to the Internal Revenue Service.
You must be fully able to support every detail and number of the financial statement.
You can find this form on our website.
The Exact Process of getting a IRS Bank Levy Release
As a general rule, the Internal Revenue Service has sent out three or four tax notices or tax bills to the taxpayer or business who has not responded to the final notice.
That final notice describes the information regarding the seizure action that the IRS considered on your case. The last and final notice that you will receive from the Internal Revenue Service is the L 1058 letter. Many times this letter sent certified. As a general rule we have found in our practice that few people pick up certified mail when it is sent by the Internal Revenue Service.
Did you receive the IRS Final Notice?
In many cases because the taxpayers have moved and they have never received the final notices from the Internal Revenue Service. According to the Internal Revenue Service it is the taxpayer’s responsibility to advise the Service of any changes in addresses.
This is usually the last thing a person will think about when they move, however this is fully addressed in the internal revenue manual and cannot be used as an excuse by the taxpayer and it is the IRS who has the hammer.
The Levy Beast – CADE2 IRS Enforcement Computer
The next step is for the CADE2 computer system which is the IRS beast of a enforcement computer to systemically issue either a bank levy freeze or a wage garnishment notice to the taxpayers employer.
No human hand ever touches the Bank levy.
The Internal Revenue Service uses your last filed tax return and income tax transcripts to find out where your bank is located or who your employer is.
These are called IRS levy sources and are located within the CADE2 computer system. The Internal Revenue Service never dragnets areas or banks. All levy sources are found on their computers by information given to them by the taxpayer.
Get your financial statement into IRS ASAP for Immediate Tax Relief, we suggest faxing.
Before the Internal Revenue Service will release a bank levy or a wage garnishment the Internal Revenue Service will need a current financial statement to determine how to close the case within their system.
IRS will evaluate each taxpayer’s ability to pay after it receives a fully documented and accurate financial statement. The faster you get the financial information to the Internal Revenue Service the faster you will get the IRS bank levy or wage garnishment release.
Closing Methods for a Bank Levy Release from the IRS
The IRS will then determine which of the three closing method best suits the taxpayer based on their current financial statement.
Once the taxpayer agrees to the closing method that the IRS suggests the agent working the case will send an immediate release of the bank levy to the financial institution.
It should be known that the taxpayer has a right at any time to appeal the closing method that IRS suggests. You can contact us directly to file any notices of appeal.
The Internal Revenue Service will close your case off of the enforcement computer one of three ways.
IRS may recommend that you are to be eligible for economic tax hardship and place you into a currently not collectible file, they may determine that you should be able to make current installment payments, or they may decide that you are a suitable candidate for an offer in compromise.
Everything is based on your current and accurate financial statement, that’s why it is critical that a professional tax resolution specialist prepare your statement and negotiate with the Internal Revenue Service.
As a former IRS agent I can tell you there is a huge difference between a taxpayer worked in their own case and a tax professional. The results are dramatic.
To get an Immediate Release of a Bank Levy Release Help you need to:
To get an immediate release of a bank levy, a taxpayer should fully and accurately complete the 433F along with having all documentation to support that statement.
If a taxpayer calls us with the completed an accurate 433F financial statement along with all documentation that supports the financial statement, as a general rule, we can get an immediate release of the bank levy freeze that very day. But remember all the documentation must be there.
It is critical that you have all documentation to support your financial statement along with having copies of your last pay stubs last 3 to 6 months worth of bank statements.
It should be known that the Internal Revenue Service does not wish to levy but has no choice because the taxpayers did not respond to the bills and notices sent to the last known address.
Very Important – Information to get a Release of a IRS Bank Levy
1. The Law on the Holding Period on the IRS Bank Levy.
2. 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.
3. The depositor(s) can waive this waiting period. The bank will not send money that is subject to attachment or execution under judicial process.
4. A “Bank” includes credit unions, savings and loan associations, trust companies, and others described in IRC 408(n) and Treas. Reg. §301.6332–3(b).
5. During the IRS holding period, a IRS bank levy might be released, or the amount owed could decrease.
6. If the bank receives no IRS release, it must send the payment after the holding period.
The Bank Liaison Information for the IRS Bank Levy Help
The holding period was created to settle disputes about ownership of bank accounts before money is sent. You would be surprised on how many time the bank errors and sends the money on the wrong taxpayer.
IRS will 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.
Information For Multiple Signature Authority on Bank Accounts for Bank Levies
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.
Which Amounts Must be Surrendered by the IRS Bank Levy?
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. See IRC 6331, Levy and Distraint , for legal authority to levy.
However, it must send no more than the amount shown on the notice of levy.
Note:
By law, banks cannot immediately honor the IRS levy.
Important Information few know about
a. The notice of levy only reaches the amount on deposit when the levy is received.
b. Money deposited later is not surrendered, including deposits during the holding period.
c. 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.
d. Levy proceeds must not be reduced by any fee charged by the bank for processing the levy.
How will the IRS Credit a Bank Levy Payment
IRS will credit the bank levy payment on the date it is received.
They will credit the money in the most advantageous way to the government.
Generally, apply the money to the oldest assessment first.
The taxpayer can not designate how the money is applied because this is not a voluntary payment.
Rules for Income Deposited in a Bank Account
Part of taxpayer’s income is exempt from levy.
Once income is deposited in a bank, there is no exempt amount.
On the other hand, unlike a levy on wages and salary, a bank levy is not continuous.
When an entire paycheck is deposited, an economic hardship may exist because all of the money is levied. If this happens, release the levy in whole or in part, as appropriate, to avoid creating an economic hardship.
The IRS Economic Hardship to get your Bank Levy Release Immediately
Under IRM 5.11.2.2.1.4, Economic Hardship Provisions the IRS may determine to release of levy is required due to economic hardship.
A levy is required to be released when the Service determines the levy is creating an economic hardship, i.e., the levy will cause the individual to be unable to pay their reasonable necessary living expenses.
If a taxpayer cannot pay their current bills and they are living within their means, that is to say they are living within the national and regional standards as set forth by the IRS, they can be qualified as an economic tax hardship and be placed in the currently noncollectable file.
When that can be proven to the Internal Revenue Service the IRS will issue an immediate release of the bank levy freeze or wage garnishment.
What about Mortgage Escrow Accounts when the IRS send a Bank Levy
Banks generally require a portion of property taxes and insurance to be paid with each mortgage payment. This is held in escrow until the tax and insurance are paid. As long as the taxpayer can not withdraw money in these accounts, a levy can not reach it.
Sometimes the account is overpaid.
The taxpayer may have the option to get this refunded.
A levy can reach this.
Also, when property is sold, there may be escrow money that will be refunded to the taxpayer. A levy can reach this, too.
Information on Schools’ Bank Accounts
Bank accounts may be levied to collect taxes that colleges, universities, and other schools owe. These schools’ accounts may include money belonging to the Department of Education (ED). ED gives money to some schools for student aid. This is not the school’s money.
Bank Levy Release Help – Former IRS, Bank Levy Experts – Get your Money Back