IRS Tax Relief - How to Stop an IRS Garnishment of Wages
Updated: Apr 20, 2019
IRS GARNISHMENT OF WAGES - TAX LEVIES
The IRS has the power to garnish (levy) (#IRSwagegarnishment) and legally seize any income you make to satisfy federal tax debt or taxes owed. IRS garnishments can apply to your hourly wages, salary, commissions, and bonuses. The IRS will contact your employer directly and require them to directly send the IRS a 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.
An IRS wage garnishment is considered "continuous" which means that the IRS will continue to take your paycheck unless your entire income tax debt is paid in full or the IRS garnishment is stopped and released.
THE IRS TAX RELIEF TEAM AT
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WILL HAVE YOUR IRS WAGE GARNISHMENT
STOPPED AND RELEASED IN ONE DAY
IRS WAGE GARNISHMENT NUMBER:
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.
The IRS Wage Garnishment Process
When the IRS decides to garnish your wages for a tax debt (#IRStaxlevy) 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 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 garnishing (taking) your income.
The Amount that the IRS Can Garnish From Your Wages
The law places 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 tax code requires the IRS to leave you with a certain amount of income after garnishing your wages to pay your tax debt.
THE IRS WILL LEAVE YOU
WITH LITTLE OR NOTHING.
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. Unfortunately, a garnishment by the IRS can amount to 70% or more of your income.
THE IRS CAN TAKE YOUR ENTIRE PAYCHECK THROUGH WHAT IS CALLED A "MANUAL LEVY".
Stopping an IRS Wage Garnishment
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.
IF YOU ARE A 1099 EMPLOYEE, THE IRS WILL TAKE 100% OF YOUR PAY.
You Could Enter Into an
The IRS will stop a wage garnishment if you voluntarily 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.
BEFORE YOU AGREE TO AN IRS INSTALLMENT AGREEMENT, KNOW THIS, THE IRS MAY HAVE YOU AGREE TO A PAYMENT AMOUNT THAT IS MORE THAN THE IRS IS ENTITLED TO.
IRS Settlement -
Offer in Compromise
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You may be able to settle for less than the total amount that you actually owe, due to your financial situation. Not everyone is qualified and eligible to settle with the IRS but many taxpayers are. If you have a tax debt of more than $10,000 and you are facing a wage garnishment, you may qualify for this type of IRS tax relief. Your wage garnishment will stop while your tax resolution case is being reviewed.
Currently not Collectible Due to Financial Hardship
If you can prove to the IRS that a wage garnishment (IRS wage levy) or other collection enforcement 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 collection of the debt would be unfair because your financial circumstances are so bad. The IRS will require financials.
While a taxpayer is in Currently not Collectible status, the Statute of Limitations continues to run and the tax debt may never be paid. The IRS will file a Federal Tax Lien during the Currently not Collectible process.
You Could Change Employers
Our IRS tax relief team does not recommend this because it is unnecessary. Our IRS Tax Attorneys can stop the wage garnishment (#IRSwagegarnishment) and proceed with an IRS tax defense that will resolve your tax debt.
DON'T QUIT YOUR JOB
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.
Once again, our IRS tax relief team does not recommend this. Taxpayers who don't know what they are doing, may choose to quit their job. They may be influenced by people they know who have no idea what they are talking about.
KEEP YOUR JOB!
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 Can File Bankruptcy
While you cannot always discharge tax debt in bankruptcy, the IRS can still take collection actions against you once your bankruptcy is complete. Within 30 days of a bankruptcy dismissal or discharge, the IRS will send out a collection, enforcement notice. Yes, filing bankruptcy will stop your wage garnishment while the bankruptcy proceedings are going on. This may not be the best solution, but it is an option to consider if you have other debts to deal with as well.
File a Tax Levy Appeal
If you disagree with the IRS garnishment (tax levy) in any way, you can file an appeal, even if it has been more than 30 days since you received the notice of intent to levy.
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