Tax Levy: What It Means for You

Nov 21, 2023 By Susan Kelly

A tax levy represents the government's significant step to collect taxes owed by seizing property. This action may involve garnishing a person's wages or taking hold of assets and bank accounts.

A tax levy is usually a consequence of a tax lien being ignored. A tax lien is the government's claim on your property, including real estate and other assets, due to unpaid income taxes. The process of levying taxes comes into effect when this claim is exercised.

Tax Lien vs. Tax Levy

The IRS begins tax collection with a tax lien. It's a formal claim against a taxpayer's assets that alerts creditors to the government's rights. This claim arises from IRS debt. The IRS issues a Notice of Federal Tax Lien after sending a Final Notice of Intent to Levy. This public document informs creditors that the government owns taxpayer property. Instead of seizing property, the lien secures the government's interest in taxpayer assets.

In contrast, a tax levy involves seizing assets to pay off debt. The IRS levies taxes on taxpayer assets to collect dues. Bank accounts, wages, and other personal property are examples. The levy is more aggressive if the taxpayer fails to pay the lien. Taxes are levied to force payment of overdue amounts and transfer ownership of seized assets to the government.

The IRS's Process for Issuing a Tax Levy

The IRS usually uses a levy taxes after other methods fail or a tax lien is unpaid. Taxation involves several warning steps.

  • The IRS calculates due taxes and sends a "Notice and Demand for Payment" to the taxpayer. When taxpayers don't pay, the IRS sends a "Final Notice of Intent to Levy" and "Notice of Your Right to a Hearing."
  • At least 30 days before the levying taxes, these can be delivered or mailed to the taxpayer's home, last known address, or business.
  • After the levying taxes, these notices may be sent, especially for state refunds.
  • The IRS also warns that it may contact employers, banks, or even acquaintances to gather liability information. This step is crucial to tax collections because it informs taxpayers before they act.

The Impact of a Tax Levy on Your Finances

A tax levy can significantly disrupt your financial stability. Here's an insight into how levy taxes can affect your life:

Shrinking Paychecks Due to Wage Garnishment

One of the most immediate impacts of a levy taxes is wage garnishment. When the IRS levies your wages, a portion is sent to them each payday. This decrease in take-home pay can make it challenging to pay daily bills.

Financial management under these circumstances requires knowledge of wage garnishment and its limits.

Frozen Bank Accounts

Your bank accounts are vulnerable when it comes to recouping back taxes. The IRS typically notifies your bank to place a 21-day hold on your account. During this period, you cannot access your funds.

If you don't resolve the issue with the IRS within this timeframe, the bank must send the frozen funds to the IRS. This action can leave you without access to your savings and checking accounts, making it challenging to manage your cash flow and meet immediate financial needs.

Risk to Personal Property

Under a tax levy, the IRS can seize cars and houses. There are exceptions. Protected benefits include unemployment, annuity, pension, disability, workers' compensation, public assistance, and child support.

Not seized are household goods and work/school supplies. Understanding these exemptions helps you assess the risk to your personal property from a tax levy.

Managing Withholdings

Many must catch up on taxes due to inadequate withholding from their paychecks. Adjusting your withholdings is a proactive measure to prevent tax debts.

You can manage your withholdings through your W-4 form to ensure that the correct tax amount is deducted from your salary. This step can significantly reduce the risk of facing a tax levy in the future.

Practical Solutions For Tax Levies

Paying Off Back Taxes

The most straightforward approach to eliminating a tax levy is to clear your outstanding taxes. When you settle your tax debt, the IRS has no reason to continue the levy. This action directly tackles the root cause of the levy, ensuring a swift resolution.

However, it's essential to recognize that paying back taxes might only be feasible for some. In such instances, exploring alternative solutions becomes necessary.

Opting for an IRS Payment Plan

If paying your tax debt in one go is challenging, consider arranging a payment plan with the IRS. Known as a direct debit installment agreement, this plan allows the IRS to deduct payments directly from your bank account.

Although this won’t immediately lift the levy, it demonstrates your commitment to resolving the debt. Over time, consistent payments can lead to the IRS withdrawing the levy. The IRS website provides a straightforward process for setting up a payment plan, with fees varying from $0 to $225 based on the chosen plan and your income level.

Seeking an Offer in Compromise

An Offer in Compromise (OIC) is another viable strategy. Tax debt settlement entails negotiating a reduced payment with the Internal Revenue Service.

But, the IRS accepts less than half of OIC applications annually. To qualify, you must be up-to-date with all tax filings and estimated payments for the current year. Additionally, those in bankruptcy or undergoing an audit are ineligible for an OIC.

Filing an Appeal

You can appeal if you disagree with the IRS’s decisions regarding your tax situation. Requesting a Collection Due Process hearing from the IRS Office of Appeals allows you to review lien or levy notices.

Moreover, if you’re dissatisfied with an IRS employee's decision, you can escalate the matter to their manager or the Office of Appeals. This step offers a chance to present your case and potentially reverse the levy decision.

Considering Bankruptcy

While it's less desirable, declaring bankruptcy can potentially discharge tax debts, thereby removing the levy.

This option has severe financial consequences and should be used last. Before taking this drastic step, consult a financial advisor or attorney because it will affect your credit and finances.