IRS GARNISHMENT - TAX LEVY
The IRS has the power to garnish or legally seize any income you make to satisfy federal tax debt or taxes owed. An IRS Garnishment can apply to your hourly wages, salary, commissions, bonuses. and bank accounts. The IRS will send a tax levy order to your employer directly and require them to directly send the IRS a major portion of your income. Your employer is required by law to comply with the IRS garnishment, typically within one full pay period of receiving the notice from the IRS. The difference between the IRS and most creditors, however, is that the IRS does not need to take you to court to get a judgment in order to garnish your wages, and the IRS can garnish more of your wages than a regular creditor can garnish. In fact, it is possible for the iRS to seize your entire paycheck.
The IRS Wage Garnishment Process
When the IRS puts in motion an IRS garnishment that will seize your wages for a tax debt that you owe, or use any other legal means to enforce payment of the taxes that you owe, it will first send you a written notice (Notice of Intent to Levy) that sets out the amounts that you owe, including the tax, penalties, and interest. This notice to levy should also provide you with a due date by which you must pay the balances in full. Assuming that you do not pay the balance in full, you later will receive another notice, entitled “Final Notice of Intent to Levy,” Once thirty days have passed from the time you have received the final notice, and you still have failed to pay the balance due, the IRS can proceed with their seizure of your income.
The Amount that the IRS
Can Garnish From Your Wages
Most civil judgments place limits on the amount that a regular creditor can garnish from your wages. However, these normal limits do not apply to the IRS. Rather, the IRS tax code requires the IRS to leave you with a certain amount of income after garnishing your wages to pay your tax debt. The tax code contains a table that corresponds to the number of exemptions that you claim for tax purposes and sets forth the amount that is necessary for you and your family to pay for basic living necessities (allowable expenses). Unfortunately, an IRS garnishment can amount to 70% or more of your income.
Stopping IRS Garnishment
Our Tax Professionals Routinely Stop an IRS Garnishment in One Day.
There are a number of different ways in which you can resolve your problem with the IRS. In order to avoid or stop a wage garnishment, you must get back into good standing with the IRS, either by paying your balance in full or entering into a tax payment plan or some other type of resolution.
Enter Into an Installment Agreement
The IRS will stop wage garnishment (tax levy) if you enter into an approved installment agreement to pay your tax debt in full over a series of monthly payment installments. As long as you can make the monthly payments and pay off the debt before the debt becomes uncollectible by the IRS, your installment agreement is likely to be accepted by the IRS. For your own well being, consult with an experienced tax professional before you agree to an IRS Installment Agreement.
A taxpayer doesn't have to be destitute to settle their tax debt. You may be able to settle your debt with the IRS for less than the total amount that you actually owe, based on your financial situation. An IRS settlement is called an Offer in Compromise. This is a fairly selective program and you have financially qualified. However, if you are facing an IRS garnishment, you may qualify for this type of tax relief, and your wage garnishment will stop while your case is being reviewed.
Uncollectible Due to Financial Hardship - Currently not Collectible
If you can prove to the IRS that wage garnishment (tax levy) or other collection action would prevent you from meeting the basic needs of you and your family, then the IRS may temporarily cease its collections efforts for months and even years. In this case, you must show that the collection of the tax debt would be unfair because your financial circumstances are so bad. The IRS will require financials.
Being Currently not Collectible usually will last for 12 to 18 months before it needs to be renewed. The Statute of Limitations for your tax debt continues to run out. Many people who are Currently not Collectible will have their tax debt simply "go puff" as the IRS runs out of time to collect.
Change Employers (Not A Good Idea - Very Unnecessary)
If you change employers, your wage garnishment will not proceed, and it will take some time for the IRS to again track your new employer down and reissue a new wage garnishment. This is only a temporary solution, but it can give you a few months of relief. You don't have to do this.
Temporarily Quit Your Job (Also Not A Good Idea - Totally Unnecessary)
If your employer will allow you to temporarily quit your job for a period of time, and later return to work, then this tactic will slow down the IRS as well. It will take some time for the IRS to discover that you have returned to work at the same employer and reissue a new wage garnishment to that employer. You don't have to do this either.