PRLog - March 3, 2011 - Q. Can I have an IRS Levy on my wages, paycheck or Social Security stopped and released in one (1) day?
A. Yes. Flat Fee Tax Service will have your IRS Wage Levy stopped and released in 1 day/24 hours.
If you need your paycheck, contact us at Flat Fee Tax Help:
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Q. What is an IRS Levy?
An IRS levy is a legal seizure of your property to satisfy a back tax debt. An IRS Levy is different from a Tax Lien. An IRS Lien is a claim used as security for a back tax liability, while an IRS Levy actually takes the property (wages,paycheck, Social Security Benefit) to satisfy the tax debt.
If you do not pay your tax liability, the IRS may seize and sell any type of real or personal property that you own or have an interest in. For instance,
1. The IRS could seize and sell property that you hold (such as your car, boat, or house), or
2. The 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)
Is there any requirements on the IRS before the IRS executes a Levy?
The IRS must must only 3 requirements:
a. The IRS has assessed the tax and sent you a Notice and Demand for Payment;
b. You neglected or refused to pay the tax; and
c. The IRS sent you a "Final Notice of Intent to Levy and Notice of Your Right to A Hearing" (CP 90) at least 30 days before the levy. 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. The IRS sent you a "Final Notice Before Levy on Social Security Benefits" (CP 91). The recipient has a back tax liability on their account that the IRS has previously sent a notice about. That balance due is still unpaid. The IRS will send a CP 91 to inform the recipient that the amount is still due. The IRS intends to take up to 15% of your Social Security Benefits to pay it, and what steps you need to take within 30 days to prevent the IRS from taking this action.
PLEASE NOTE: The IRS is not limited to 15%. (See Manual Levy)
All taxpayers with outstanding tax debts are subject to a levy on assets and
income sources, including Social Security Benefits. There are two ways the
IRS may levy upon your Social Security Benefits – via the automated Federal
Payment Levy Program (FPLP) or by a manual (non-FPLP) levy. Under the
FPLP, the IRS is able to levy up to 15 percent of your Social Security Benefits
each month; there is no similar restriction on how much the IRS can receive
from a manual levy. There is a small exemption amount, however, for reasonable
living expenses. Once a levy is in place, the IRS may withhold monies from the federal payments
you receive. This levy may continue until the entire amount of your federal
tax debt is repaid or other payment arrangements are made, or the debt
becomes unenforceable by law.
Please note: If the IRS levies 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". You may ask an IRS manager to review your case but once again, good luck. Once the IRS has your money, trying to get it back on your own is nearly impossible.
You can 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 your back tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
c. The IRS made a procedural error in an assessment,
d. The time to collect the tax (called the statute of limitations)
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 will issue a determination. You will have 30 days after the determination date to bring a suit to contest the determination.
GOOD LUCK DOING THIS ON YOUR OWN.
Q. How can I have an IRS Levy stopped and released?
If the IRS levies your wages, salary, or federal payments (Social Security), the levy will end when:
The levy is released, (Flat Fee tax Service will stop an IRS Levy in 1 day/24 hours)
You pay your tax debt, or
The time expires for legally collecting the tax.
If the IRS executes a levy your bank account, your bank must hold funds you have on deposit, up to the amount you owe, for 21 days. This includes weekends. After 21 days, the bank must send the money plus interest, if it applies, to the IRS. To discuss your case, call the IRS employee whose name is shown on the Notice of Levy.
Q. What if I cannot pay the IRS?
You may be "Currently Uncollectible"
If you cannot pay, don't suffer with an IRS Levy. Settle your back tax debt.
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The Flat Fee Tax Relief Help-line:
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FLAT FEE TAX SERVICE guarantees to stop an IRS wage garnishment with 1 to 2 business days or you don't pay.