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IRS Wage Garnishment or Wage Levy
If you have received an IRS wage garnishment do not feel alone.You have much company and you are in the millionaires club.
IRS sends out 3.6 million bank levies and wage garnishment notices each year.
IRS wage garnishment levy notices are sent out systemically by the IRS enforcement computer called the CADE 2. This computer that belongs to the Internal Revenue Service is the largest collection computer in the world. It brings in billions and billions of dollars in revenue to the federal government.
The enforcement computer keeps a list of all the places that you have received income from in the past seven years. IRS has wage sources like any 1099s, W-2, or third-party wage sources. You can actually get a copy of that list by calling IRS and asking them for your income information for the last seven years.
If you have not responded to a IRS Bill or Notice, expect a Wage Garnishment
IRS sends these wage garnishment notices out if the taxpayer has not responded to the IRS final notice that is sent to the last known address on a taxpayers last filed tax return.
If your address is changed and not told the IRS, the IRS has no way of sending your bills or notices to your new address. The only requirement that IRS has by law is to send your notice or bill to the last known address on the last filed tax return.
IRS can usually levy only after these three requirements are 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. 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 how the delivery of the notice will take place.
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 we 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.
The required protocol to get the IRS wage garnishment release to removed
There is a required protocol to get your IRS wage garnishment released or removed.
IRS will require a current financial statement in the form of a 433-F. You can find that financial statement on our website. You will have to accurately and correctly fill out that financial statement with complete documentation which includes 3 to 6 months worth of bank statements, pay stubs and all current monthly living expenses.
IRS will then make a determination as to how they will agree to close your case and to get your wage garnishment released.
As a general rule, the Internal Revenue Service will either place your account into an economic tax hardship or non-collectible status, IRS will ask you to enter into an installment or part pay agreement, or IRS could tell you to exercise your option to file the offer in compromise.
It is always best to have a tax professional represent you during these matters because not only will the professional be able to get your wage garnishment release or removed, they will also be able to close or settle your case for a period of time.
Can Employer Threatens to Fire Taxpayer Because of a Wage Garnishment?
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.
There is a Continuous Effect of Levy on Salary and Wage Garnishment
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.
Also see IRM 5.11.6.1, 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.
Levy on Non-Liable Spouse in a Community Property State for guidance when the wage levy on the non-liable spouse is not continuous.
There is an Exempt Amount on Wage Garnishments
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.
Get Wage Garnishment Released/Removed – Former IRS – Wage Garnishment Experts