IRS Tax Levy, IRS Tax Lien Services – Affordable Tax Attorneys, Former IRS

April 30, 2013
Written by: Fresh Start Tax


 

IRS Tax Levy, IRS Tax Lien Services – Affordable Tax Attorneys, Former IRS   1-866-700-1040

 
 
If you are battling in the IRS on a tax levy or the filing of an IRS federal tax lien contact us today for free initial tax consultation and see how your situation can immediately and permanently be put to rest.
We are comprised of tax attorneys, tax lawyers, certified public accountants, enrolled agents and former IRS agents as well as managers. While at Internal Revenue Service we taught tax law. We are affordable, honest and one of the most trust worthy tax firms. We will do exactly what we say.
With over 206 years of professional tax experience and over 60 years of direct work experience at the Internal Revenue Service in the local, district, and regional tax offices of the IRS, we can help with any IRS tax Levy any IRS tax lien or any IRS problem that you have.
We are familiar with every facet of the Internal Revenue Service. We are true tax experts in IRS tax resolution.
 
 

Regarding the IRS Tax Levy

 
 
The Internal Revenue Service generally sends out to type of IRS tax levies.
The first levy is a bank levy and the second is a wage garnishment.
Both are treated completely different. When a bank account is levy or seized by the Internal Revenue Service the IRS freezes that bank account for 21 days at the time the levy was served on the bank only,no future funds are levied.
The taxpayer has 21 days to release the freeze on the IRS Tax Levy that was sent to the bank. Contrary to popular belief you can still use your bank account and only the money that was frozen the day the IRS levy was received by the bank are the only funds that cannot be used by the taxpayer.
 

 Regarding the IRS wage levy

 
 
An IRS wage levy is quite different than IRS bank levy.
Where a bank levy has a 21 day freeze the IRS wage garnishment  levy is an immediate levy in which the taxpayers wages or other income is continuously seized and handed over to the IRS until IRS issues a wage  IRS levy release.
To get your IRS wage garnishment or bank levy released you will need to submit to Internal Revenue Service a current documented financial statement and support of your current financial conditions. The form that will be used is a 433F.
We can assist in the preparation and tax settlement to assure that you will get the fastest IRS tax levy release possible.
 

 A IRS Tax Lien

 
If the Internal Revenue Service has filed a federal tax lien it is in the best interest of the taxpayer to remove that federal tax lien as fast as possible.  It will grossly affect your credit score.
The two most likely ways that an IRS tax lien will be released as soon as possible is to full  the tax or the filing and acceptance of an offer in compromise.
While other avenues exist to get your IRS tax lien released the aforementioned are the quickest way, other are discussed below.
You should contact our office today if you have any tax questions regarding the filing and removal of an IRS tax when.
 
 

What is an IRS Tax Levy

 
A levy is a legal seizure of your property to satisfy a tax debt. Levies are different from liens.
A lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt.
If you do not pay your taxes or make arrangements to settle your IRS tax debt the IRS may seize and sell any type of real or personal property that you own or have an interest in.
IRS can:
a. The Internal Revenue Service could seize and sell property that you hold such as your car, boat, house or,
b. The Internal Revenue 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.
 

These three requirements are met before a tax levy:

 
1. The Internal Revenue Service assessed the tax and sent you a Notice and Demand for Payment,
2. You neglected or refused to pay the tax and,
3. The Internal Revenue Service 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 has options on how to notice you.

 
1. The IRS may give you this notice in person,
2. leave it at your home or your usual place of business, or
3. send it to your last known address by certified or registered mail, return receipt requested.
 
 

If the IRS releases the IRS tax Levy

 
A levy release does not mean you are exempt from paying the balance.
The IRS will work with you to establish payment plans , but you in a tax hardship or take other steps to help you pay off the balance.
 

If you do not like the results from the IRS Agent

 
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:
a. You paid all you owed before we sent the levy notice,
b. The IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
c. The made a procedural error in an assessment,
d. The time to collect the tax (called the statute of limitations) expired before we sent the levy notice,(The normal time of the statue of limitations usually runs 10 years from the initial date of assessment)
e. You did not have an opportunity to dispute the assessed liability,
f. You wish to discuss the collection options, or
g. You wish to make a spousal defense.
 

At the conclusion of your hearing, the Office of Appeals

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 IRS have levied or seized your property

 
If your property is levied or seized by the IRS fresh start tax llc, contact the employee who took the action. We will also 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.
 

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.
If the IRS levy is on your bank account, your bank must hold funds you have on deposit, up to the amount you owe, for 21 days.
This holding period allows time to resolve any issues about account ownership. After 21 days, the bank must send the money plus interest, if it applies, to the IRS.
 

 The IRS Federal Tax Lien

 
A federal tax lien is the government’s legal claim against your property when you neglect or fail to pay a tax debt.
The filing of the lien protects the government’s interest in all your property, including real estate, personal property and financial assets.
A federal tax lien exists after the IRS:
1.IRS Assesses your liability,
2.IRS sends you a bill that explains how much you owe (Notice and Demand for Payment); and,
3. You neglect or refuse to fully pay the debt in time.
 
 

Public Records

 
The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.
 

Different ways to Get Rid/Remove  a Federal Tax Lien

 
 
a. Paying your tax debt  in full  is the best way to get rid of a federal tax lien. The IRS releases your lien within 30 days after you have paid your tax debt.
 
b. Discharge of property. Allows property to be sold free of the lien. The seller or buyer can submit Publication 783, Instructions on How to Apply for Certificate of Discharge From Federal Tax Lien (PDF).
c. Subordination. Does not remove the lien, but allows other creditors to move ahead of the IRS, which may make it easier to get a loan or mortgage.
 
For more information review Publication 784, Instructions on How to Apply for a Certificate of Subordination of Federal Tax Lien (PDF) or call us today.
d. Withdrawal. Removes the public notice and assures that the IRS is not competing with other creditors for your property. If applying for a withdrawal, use Form 12277, Application for the Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien (PDF).
 

Effect of a Federal Tax Lien

 
Assets. A lien attaches to all of your assets (such as property, securities, vehicles) and to future assets acquired during the duration of the lien.
Credit. Once the IRS files a Notice of Federal Tax Lien, it may limit your ability to get credit.
Business. The lien attaches to all business property and to all rights to business property, including accounts receivable.
Bankruptcy. If you file for bankruptcy, your tax debt, lien, and Notice of Federal Tax Lien may continue after the bankruptcy.
 

IRS Tax Lien vs. IRS Tax Levy

 
A lien is not a levy.
A lien secures the government’s interest in your property when you don’t pay your tax debt. A levy actually takes the property to pay the tax debt. If you don’t pay or make arrangements to settle your tax debt, the IRS can levy, seize and sell any type of real or personal property that you own or have an interest in.
 
 

For more technical cases –  The Centralized Lien Processing.

 
 
To resolve basic and routine lien issues: verify a lien, request lien payoff amount, or release a lien, call IRS at  (800) 913-6050.
Collection Advisory Group — For all complex lien issues, including discharge, subordination, subrogation or withdrawal; find contact information for your local advisory office in Publication 4235, Collection Advisory Group Addresses (PDF).

Office of Appeals.

 
Under certain circumstances you may be able to appeal the filing of a Notice of Federal Tax Lien. For more information, see Publication 1660, Collection Appeal Rights (PDF).
Taxpayer Advocate Service — For assistance and guidance from an independent organization within IRS, call (877) 777-4778.
Centralized Insolvency Operation — If you are questioning whether your bankruptcy has changed your tax debt, call (800) 973-0424.
 
IRS Tax Levy, IRS Tax Lien Services – Affordable Tax Attorneys, Former IRS
 
 

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