(we
work to reduce or completely eliminate
what you owe)
Tax Levy: A levy is a legal seizure
of your property to settle a tax debt. The IRS may
seize and sell any type of real or
personal property or investment that you own or have
interest in, This will happen if you did
not respond to a
Final Notice of Intent to Levy and
Notice of Your Right to a Hearing. These
documents are served in person to
your place of business, or to your last
known address by certified mail.
Levies are different from
liens. A lien is a claim used as
security for the tax debt, while a levy
actually takes the property to satisfy
the tax debt.
If you do not pay your
taxes (or make arrangements to settle
your debt), the IRS may seize and sell
any type of real or personal property
that you own or have an interest in.
What The Government
Can Do
-
We could seize and
sell property that you hold (such as
your car, boat, or house), or
-
We 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).
We usually levy only
after these three requirements are met:
-
We assessed the tax
and sent you a Notice and Demand
for Payment;
-
You neglected or
refused to pay the tax; and
-
We 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. We 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. Please note: 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.
You may ask an IRS
manager to review your case, or you may
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:
-
You paid all you owed
before we sent the levy notice,
-
We assessed the tax
and sent the levy notice when you
were in bankruptcy, and subject to
the automatic stay during
bankruptcy,
-
We made a procedural
error in an assessment,
-
The time to collect
the tax (called the statute of
limitations) expired before we sent
the levy notice,
-
You did not have an
opportunity to dispute the assessed
liability,
-
You wish to discuss
the collection options, or
-
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. Refer to Publication
1660, Collection Appeal Rights, for more
information. If your property is levied
or seized, contact the employee who took
the action. You also may ask the manager
to review your case. If the matter is
still unresolved, the manager can
explain your rights to appeal to the
Office of Appeals.
Levying your
wages,
federal payments, state refunds,
or your bank account.
If we levy your wages,
salary, or federal payments, the levy
will end when:
If we levy your bank
account, your bank must hold funds you
have on deposit, up to the amount you
owe, for 21 days. This holding period
allows time to resolve any issues about
account ownership. 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.
Filing a claim
for reimbursement when we made a mistake
in levying your bank account
If you paid bank charges
because of a mistake we made when we
levied your account, you may be entitled
to a reimbursement. You will have 30
days to appeal the determination to the
Tax Court. Use Form 8546, Claim for
Reimbursement of Bank Charges Incurred
Due to Erroneous Service Levy or
Misplaced Payment Check.
We
can help you solve state,
federal and IRS problems or a
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