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IRS Tax Help | Stop an IRS Levy | Flat Fee Tax Service

Updated: Jun 28, 2019


If you have received an IRS Notice of Intent to Levy or are worried that the IRS may be seizing your assets soon, you need to take immediate action. Depending on your situation, you can set up a payment arrangement, seek other relief, or appeal in order to stop an IRS levy (#IRSwagegarnishment).

In most cases, as long as you reach out, the agency will work with you. Seizures are a last resort collection action, and ideally, the IRS would prefer to avoid them.

How to Stop an

IRS Levy

There are several ways to stop the IRS from taking your assets.




IRS Tax Levy Number

IRS Levy Release Fees

You do need to choose a solution that works for your financial situation. Here are some arrangements the IRS is usually willing to accept. Remember, in almost all of these cases, you generally need to file all tax returns due.

1. Pay in Full

If you could afford to pay your tax debt n full, you probably wouldn't be here. "So there's that". To make a full payment, some taxpayers dip into savings, sell off assets, or borrow from friends or family. If you can find a loan with a lower interest rate than the IRS charges for penalties and interest, you may even want to take out a loan so that you can pay your tax debt in full.

2. IRS Installment Agreement

Be careful with an IRS Installment Agreement. The IRS has many, many rules and you could agree to an IRS payment plan that is unnecessarily high. With an installment agreement, you make monthly payments to pay off your tax debt over time. Generally, you have to complete the payments within an 84-month time period or less. Interest continues to accrue, but as long as you make payments on time, the IRS reduces the failure to pay penalty by 50%.

3. Partial Payment Installment Agreement

This is similar to a regular installment agreement except that you pay what you can afford on a monthly basis. The IRS will review your financial situation and determine what you can afford on a monthly basis. In most cases, collection activity will stop.

4. Offer in Compromise

Our IRS tax relief team at Flat Fee Tax Service, Inc. has a 95% IRS settlement success rate. An Offer in Compromise (#IRStaxsettlement) is when the IRS lets you pay off your tax debt for less than you owe. To qualify, you have to meet strict financial criteria. In particular, you need to prove that you wouldn’t be able to pay off the tax debt through any other method. The IRS usually only accepts an Offer in Compromise if it believes there is no other way to get more money from you.

5.Innocent Spouse Relief

This is an extremely rare form of tax settlement (#offerincompromise). Usually, when you file a tax return with your spouse, you are jointly liable for the debt. However, if you can prove that you were “innocent” and not liable for the tax debt, you may qualify for IRS relief and avoid a tax levy. There are a number of qualifications you need to meet.

6. Currently Not Collectible

A taxpayer can get the IRS "off their back" by obtaining Currently not Collectible (#currentlynotcollectible) status. If it can be proven to the IRS that you are facing financial hardship or if the IRS required you pay, you would face a financial hardship. The IRS allows for basic monthly living expenses. Therefore, if you cannot pay the IRS and meet basic living standards, then the IRS can place you into a Currently not Collectible (CNC) status. In most cases, once in this status, collection activity will stop. However, interest and penalties continue to accrue. During your Currently not Collectible status, the Statute of Limitations continues to run out and the tax debt could go away on its own.

7.Prove Tax Identity Theft

Our tax defense team represent many Americans who have had the very unpleasant experience of having had their Social Security number stolen by illegal aliens. An illegal works, the income is reported to the IRS and voila, the IRS sends out a notice of "unreported income." An illegal alien can steal your identity and use it to collect 1099 income or W2 wage income. In certain cases the employer does not withhold taxes. If this is your situation, then you need to request identity theft investigation and prove it. We are telling you now, the IRS is not going to make it easy for you to prove it wasn't your income. IT is easier for the IRS to simply go after you for the so-called "unreported income". It will be best if you have an IRS Tax Attorney handle this for you.

If the IRS agrees to any of the above arrangements, all collection activity will generally stop. Most importantly, the IRS will not seize any of your assets. However, these arrangements only apply in cases where you agree with the assessment. If you don’t think you owe the tax listed on your notice, you need to appeal.


Appeal the IRS Intent to Levy

If you don’t agree with the information on the Final Notice of Intent to Levy (e.g. LT11 or LT1058), you can appeal it by requesting a Collection Due Process hearing by using Form 12153. Generally, you have to start this process within 30 days of receipt. Usually, the deadline is marked on the notice.

You should also call the IRS. In some cases, you may be able to resolve the issue over the phone but to be on the safe side, start the appeals process. The IRS cannot levy you while your appeal is pending. That way, if the phone call fixes the issue, you can cancel your appeal hearing, but if the phone call doesn’t fix the issue, you still have the hearing scheduled.

You Need Help If the IRS Is Threatening to Levy Your Assets

If the IRS is threatening to levy your assets, you need to take action immediately. You do not have the luxury of waiting. This is one of the harshest IRS collection methods, and it can really hurt you financially. You may want to hire a tax relief professional (#IRStaxattorney) like our IRS Tax Attorneys at Flat Fee Tax Service, Inc. to help resolve your issue.





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