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Guide to IRS Wage Garnishment Orders | Flat Fee Tax Service | San Diego

Updated: Jun 11, 2020

How to Avoid IRS Tax Garnishments for Back Taxes. Can the IRS Garnish Your Wages? Yes, they sure can and they surely will. In 2019, IRS Wage Garnishments are a real threat, as they always are, that must be handled with caution. It’s bad enough to owe the IRS money, but the IRS will start piling on penalties and interest and the agency will start coming after your wages and paycheck. That certainly kicks the stress levels up another notch.

Here's the deal, when you owe the IRS for a tax debt, and if you refuse to do anything proactive about it, the chances become extremely likely that the agency will start garnishing your wages. The IRS will order your employer to take funds from your paychecks automatically, before you’ve even been paid.

Fortunately for you, the IRS wage garnishment (#taxgarnishment) are relatively straightforward, and this article will break down all the rules they have to abide by when garnishing wages, including everything you need to know to avoid having it done to you by stopping IRS wage garnishment before it’s put in place.

Our tax professionals explain how IRS wage garnishments really work, please let US first make a suggestion on how to approach your IRS problems: the fastest, easiest and cheapest way to get rid of IRS debt is going to be paying an experienced Tax Attorney to negotiate on your behalf. FLAT FEE TAX SERVICE: STOP IRS WAGE GARNISHMENT IN ONE DAY

While experts don’t all agree on this strategy, I will tell you that an IRS Tax Attorney can accomplish things that you simply won’t know how to do, or won’t even think of, simply because this is what we do day in and day out.

How many times have you successfully negotiated a new payment structure with the IRS? Have you ever filed an appeals case against them and won? Do you understand the loopholes, problems and issues with the IRS Tax Code? Most likely the answers to these questions are a resounding no.

Finding the right tax professional to handle this process for you can make the difference between being stressed out and in debt forever, and getting a tax settlement that lets you move on with your life! IRS SETTLEMENT SUCCESS STORIES

Before the IRS Wage Garnishment Goes Forward:

Before an IRS wage garnishment goes into effect and any money is withdrawn from your paychecks, you’ll first receive a notice from the IRS demanding payment of any back taxes you owe, including accumulated interest, fees, penalties, etc.

If you don’t pay what the IRS claims you owe, then you’ll receive two more notices:

(a) Final Notice of Intent to Levy (b) Notice of Your Right To a Hearing

Before the IRS starts garnishing wages, they’re legally obligated to send these two notices via registered or certified mail, and according to wage garnishments, this must be done at least 30 days before they issue a tax garnishment against your wages.

Once the IRS sends you the 30 day notice, you’ll have 30 days to request a Collections Due Process (CDP) hearing by filling out and sending Form 12153. Request for a Collection Due Process or Equivalent Hearing.

Experience tells us that should you owe back taxes it is best to avoid this part of the process in first place by dealing with your tax debt before the tax garnishment is threatened.

Honestly, no one needs allow things to get this bad with the IRS, and anyone who plans on having trouble paying what they owe in taxes should immediately contact the IRS to ask about getting onto an IRS Installment Agreement Plan, which allows you to pay off your taxes over a period of several years. During the IRS Wage Garnishment Process

It’s not easy to stop a wage garnishment once it’s already started if you are DIY (doing it yourself). Your best plan is to try and prevent the garnishment from starting in the first place.

Once the tax garnishment goes into effect, you’ll really only have three options for getting rid of it:

(1) Paying your debt in full

(2) Entering into an installment agreement in a good faith attempt to pay off what you owe

(3) Appealing the garnishment and convincing the court that you don’t actually owe the money

None of these options are easy to accomplish, and the third is by far the most difficult of the lot, so be sure to do everything you can to prevent that garnishment from beginning.

What Can the IRS Garnish?

When it comes to an IRS garnishment, the IRS is legally allowed to seize your debt by taking “salary” or “wages” away from you.

In this case, salary and wages is used to refer to money that you’re paid for services performed, and essentially, what it means is that the IRS can start intercepting your paychecks to take money away from them before you even receive them.

Wage garnishment laws are pretty open about what they’re allowed to go after, and the IRS can potentially take funds from your monthly, salary, or hourly wages, as well as from checks including commission and bonuses.

By the way, if you think that your employer can refuse the IRS, or will look the other way because they really like you, it’s important to realize that your employer must comply with the IRS wage garnishment order. If your employer doesn't comply with the garnishment order, then they will become liable for the money that you owe the IRS. So that isn't an option.

Can You Stop a Tax Garnishment Once It Has Started? YES! YES! YES!

Let's be very clear: the best time to stop an IRS wage garnishment is before it begins!

That’s why it’s important to have a Tax Attorney contact the IRS immediately as soon as you realize that you can’t pay whatever amount you owe them.

Remember that it’s possible to get put onto an installment agreement (payment plan), but that this is really only offered to people who take care of things in advance.

Please also note that to get on an IRS installment agreement payment plan, you’ll need to be current regarding your tax filings. If you aren’t, then the IRS will simply ignore your request.

The IRS must stop wage garnishment if the following apply:

(a) They didn’t give you 30 days notice. (b) You have declared bankruptcy: This stops an IRS wage garnishment automatically. (c) The IRS can no longer collect what you owe because the time period to collect it has expired. This is called the Collection Statute Expiration Date (CSED). As this date approaches you can expect the IRS to get more aggressive about collecting what you owe, for obvious reasons.

OFFER IN COMPROMISE Our Tax attorneys can stop and end your tax garnishment. What's next? An Offer in Compromise is the logical next step. This is when you offer to settle with the IRS for less than what you owe in order to settle your unpaid tax debt. The agency can be difficult to get your tax settlement approved, but once you get one put in place, your tax debt will be greatly reduced based on the agreed upon compromise. For more information regarding IRS tax levies and IRS garnishments, go to our website. We go into much detail regarding installment agreements and being placed into Currently not Collectible status.




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