How to STOP a IRS Wage Garnishment, Former IRS Agent Explains
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