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IRS Bank Levy | Inside Tips To Stop An IRS Levy | Florida

Updated: 3 days ago

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Your Best Defense Against A Bank Levy

Should you decide tp "Do It Yourself" (DIY) a Collection Due Process Hearing, also known as a CDP hearing, may be your last best chance to resolve an IRS problems (#taxdebt) and stop an IRS order to seize your bank account.

The IRS does not allow taxpayers to request these hearings for “frivolous” reasons. That includes refusing to pay tax on religious or moral grounds. Once the IRS has a bank account seizure, it is extremely difficult for an everyday taxpayer to get their money back without help from an experienced tax professional.

What Are Some Legitimate Reasons to Request a CDP Hearing?


a. You want to seek payment alternatives such as a payment plan or apply for a tax settlement via an Offer in Compromise (#OIC). To get these plans accepted, you must file all delinquent returns.

b. You have a terminal illness and overwhelming medical bills.

c. You can’t pay because you’re living on Social Security or unemployment.

d. You can’t afford to pay with your income—the IRS has strict guidelines on this type of hardship arrangement.

Generally, the IRS must issue a Notice of Intent to Levy and Right to Request a Hearing before it sends a levy. Requesting a Collection Due Process Hearing Complete (Form 12153) Request for a Collection Due Process Hearing, and send it to the IRS at the address shown on the lien or levy notice within 30 days.


The taxpayer should check the IRS collection actions that he disagrees with and explain why he disagrees with such actions.

If a taxpayer has both a tax lien and an IRS bank levy notice, the taxpayer can appeal both actions.


The taxpayer must identify all reasons for disagreement, and may raise the following issues relating to the unpaid tax:

a. Appropriateness of the IRS enforcement actions;

b. Collection alternatives such as Installment Agreement, or an Offer in Compromise, posting a bond, or substitution of other assets;

c. Appropriate spousal defenses; and

d. The existence or amount of the tax, but only if the taxpayer did not receive a notice of deficiency or did not otherwise have an opportunity to dispute the tax liability. THE ACTUAL IRS BANK LEVY - ATTEMPTING TO GET YOUR MONEY BACK A taxpayer may not raise an issue that was raised and considered at a prior administrative or judicial hearing, if the taxpayer was involved meaningfully in the prior hearing or proceeding. If you are DYI, you better know what you're doing. You do not have a lot of time to work with. To preserve the right to go to court (you really don't want to do that), Form 12153 must be sent to the IRS within 30 days of receipt of the notice from the IRS. Under CDP, a taxpayer is entitled to only one hearing relating to a lien notice and one hearing relating to a levy notice, for each taxable period. If a taxpayer receives a subsequent federal tax lien or an IRS levy notice after requesting a hearing on an earlier notice, Appeals can consider both matters at the same time. Unless the IRS has reason to believe that collection of the tax is in jeopardy, the IRS will stop bank levy action during the 30 days after the bank levy notice and, if the appeal is timely, during the appeal process. Form 12153 will also suspend the 10-year collection statute of limitations until the date the determination is final or the taxpayer withdraws, in writing, the request for a hearing. At the conclusion of the hearing, Appeals will issue a written determination letter. If the taxpayer agrees with Appeals’ determination, both the taxpayer and the IRS are required to live up to the terms of the determination. If the taxpayer does not agree with Appeals’ determination, the taxpayer may request judicial review of the determination by initiating a case in a court of proper jurisdiction (U.S. Tax Court or U.S. District Court, depending on the circumstances) on or before the 30th day after the date of Appeals’ determination. Once the court rules, its decision will be binding on both the taxpayer and the IRS. The Office of Appeals will retain jurisdiction over its determinations and how they are carried out.

 


Whether you have an IRS order to levy your bank account, or an IRS wage garnishment the IRS will make it difficult. Should you try to get those levy orders stopped and released on your own, it will be time consuming and daunting. For one reason, the IRS knows what they are doing and you don't. IRS agents will take advantage of a naïve taxpayer, but they cannot take advantage of an experienced Tax Attorney. A taxpayer will have twenty-one days from the day of the levy order to get it released. That's it, twenty-one days. That includes Saturdays, Sundays and holidays. The IRS isn't open on those days. It would behoove you to get yourself professionals tax help immediately. The above article is provided by the tax professionals at Flat Fee Tax Relief. Our tax pros have provided valuable IRS tax debt help at a very affordable fee for more than a decade. Our teams a strategically located in Clearwater, Florida, and San Diego, California giving us maximum coast to coast IRS help. Being available from 8 A.M. Eastern to 6 P.M. is a tremendous advantage when stopping an IRS Levy in one day is of paramount importance.

ARE YOU READY TO STOP AN IRS BANK LEVY?


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