Why did IRS LEVY my Wages/Paycheck ? How can get my Wage Back FAST?

December 10, 2013
Written by: Fresh Start Tax

Fresh Start Tax
Why did IRS LEVY my paycheck?   How can get my Wage Back FAST?
Learn from a Former IRS Agent.
It is very possible to settle your case and get your Wage/Paycheck Levy Released within one day.
What you have to do to immediately get you paycheck/wages back.
The Internal Revenue Service  is going to want a current and accurate financial statement along with all documentation  to support the statement.That financial statement will be on IRS form 433-F.
IRS will be looking at your income and your assets to find out of your availability to pay the back taxes.
After the IRS reviews your financial statement they will come to a conclusion as to how they will settle your case and release the IRS levy on your wages, paycheck or salary.
As a general rule there are three ways that IRS closes cases after it sends an IRS levy out on wages or a a paycheck.
As a general rule on IRS will either:

  • put you into a non-collectible hardship status because of your current financial statement,
  • IRS may determine  you enter monthly installment payments, or
  • let you know your suitable candidate to file an IRS offer in compromise.

 
Before you go running off filing and offer in compromise use the pre-qualifier tool to make sure you are a suitable candidate to file the offer in compromise to settle your case
It is important that you file all your back tax returns. 
IRS wants to make sure you are fully compliant on all your back tax return filings.IRS may not release your levy on your paycheck/wages unless your returns are filed.
If you have not done that and need help let us know we can prepare your back tax returns and start the process of getting your IRS levy released on your wages and paychecks.
It is very  possible to get your IRS levy released on your wages or paycheck within 24 hours.
Once we are retained by a client and receive the IRS financial statement along with all documentation, we  will contact IRS and fax the information to the agent that we are speaking to on the phone. As a general rule, when IRS receives all the information IRS will send an immediate release to your employer and you can get your wages/paycheck levy release.
What is a Wage/Paycheck Levy and the Law?
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 you possible be fired?
If an employer Threatens to Fire Taxpayer Because of a Levy on Wages/Paycheck.
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 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.
What are the  continuous Effect of a IRS Levy a Paycheck,  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.It never, stops, you must become proactive.
Paychecks , 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.
Examples of this:
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, you can continue to use your account.
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.
As an example, 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.Yes, IRS can take retirement income.
The taxpayer has a fixed right to the future payments; therefore, the levy remains in effect until it is released.
Exempt Amount for a Wage or Paycheck 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.
Child Support
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.
Reminder:
If support is allowed, the same child can not be claimed as an exemption for figuring the exempt amount.
If    Then
The taxpayer has already shown proof of the required child support payment     Write on the levy form, “Under section 6334 (a)(8) of the Internal Revenue Code, $ ____________________is exempt from this levy.”
The taxpayer shows proof of the child support after the levy is served     Release enough of the levy so the support can be paid.
The taxpayer is not entitled to the support exemption unless the support is being paid.
Consider getting the taxpayer to have the child support payment withheld and sent directly to the person with custody.
Or, the taxpayer may make the child support payment through the Service, and the Service will forward the payment.
When there is no open assignment, have the payments sent through Submission Processing.
This may happen if the payments are being monitored in the IRS campus office.
 
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.
Joint Liabilities on Taxes

For joint liabilities, generally levy the income of the spouse with the larger income.
Levy both incomes only in flagrant cases of neglect or refusal to pay. Secure group manager approval to issue notices of levy on the income of both spouses’ living in the same household.
If taxpayers are separated, consider collecting from both spouses’ income rather than collecting from one spouse’s income.
If you are having problems because the IRS is levied your paycheck or bank account contact us today and let us help you through the process to get your life back in order.
 We are A+ rated by the Better Business Bureau and are comprised of former IRS agents managers and tax instructors as well as certified public accountants and tax attorneys.
 
Why did IRS LEVY my Wages/Paycheck ?  How can get my Wage Back FAST?
 

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