IRS Final Notice Intent to Levy or Seize – STOP THE IRS NOW – IRS Letter, Notice 1058

by Fresh Start Tax | Dec 20, 2012 | Tax Levy and Wage Garnishments

IRS Final Notice Levy or Seize – STOP THE IRS NOW – IRS Letter, Notice 1058        Free consult  1-866- 700-1040

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Some facts you should regarding the IRS Final Notice and Levy process

IRS must send out certain required notices

Before property can be levied by the IRS, the taxpayer must be given a

1. Notice and demand

2. Notice of Intent to Levy and,

3. Notice of a Right to a Collection Due Process (CDP) hearing

When a notice of levy is issued to a third party, it is a third party contact.

Unless an exception applies, taxpayers must be given reasonable notice the IRS plans to make such contacts to collect delinquent tax.

It is the legal position of the Internal Revenue Service that notice and demand and third party contact notification issued in the name and EIN of a limited liability company (LLC) are legally sufficient when the owner of the LLC is the liable taxpayer for the tax.

Where service takes place

The Notice and Demand required by IRS must be left at the taxpayer’s home or business, or mailed to the taxpayer’s last known address.

The taxpayer has 10 days to pay the amount that is owed. If the taxpayer neglects or refuses to pay the amount due, the Federal tax lien arises.

If the amount specified in the notice and demand is paid within 21 calendar days after the date of the notice and demand (10 business days if the amount reflected is $100,000 or more), interest is not imposed for the period after the notice and demand on the amount so paid. IRC 6601(e)(3).

In addition, the taxpayer must be given a notice of intent to levy at least 30 days prior to the date of the levy.

The taxpayer has 30 days to pay the amount that is owed before property can be levied.

This Notice must be:

a. given in person,

b. left at the taxpayer’s home or business or,

c. sent to the taxpayer’s last known address by certified or registered mail.

Registered or Certified Mail

Use registered mail only if the taxpayer is outside the United States.

There is no international certified mail.

Exception to the above rules.

If collection is in jeopardy, property can be levied immediately if the taxpayer has been provided notice and demand for immediate payment.

The IRS will give taxpayers 10 days to pay the tax liability following issuance of the IRC 6303 notice of assessment and demand for payment, before issuing the IRC 6331 notice of intent to levy and IRC 6330 notice of a right to a CDP hearing.

The IRS may be issued simultaneously notices with the section 6303 notice or during the section 6303 time frame if the taxpayer:

1.Is pyramiding employment taxes in  a business setting. Pyramiding is the continual non remittance of federal tax deposits,

2. The tax payer is not current with FTDs, and two or more trust fund modules assigned to a revenue officer,

3. The taxpayer has made to the IRS for two or more periods, frivolous arguments. To learn more about frivolous arguments see my blogs,

4. The taxpayers has failed to file required returns for two successive periods or three non-consecutive periods, for which the Service has prepared substitutes for return  ( SRF ) and issued a deficiency notice where applicable, at least one of which is included in current or general practices.

IRS Final Notice Intent to Levy or Seize – STOP THE IRS NOW – IRS Letter, Notice 1058