Many people find it shocking that the Internal Revenue Service (IRS) can take money directly from their bank account. However, it is a legal and sometimes necessary procedure that the government uses to collect owed tax dollars. This is called an IRS bank levy.
A garnishee notice is issued by the government agency (such as Centrelink or the ATO) to a third party that holds money for you or owes you money. To take money from your bank account, your bank would be issued with the garnishee notice requiring it to pay 'your money' to the requesting agency to satisfy the debt.
The Short Answer: Yes. The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.
An IRS levy permits the legal seizure of your property to satisfy a tax debt. It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property.
The Takeaway
So, can the government take money out of your bank account? The answer is yes – sort of. While the government may not be the one directly taking the money out of someone's account, they can permit an employer or financial institution to do so.
Government Agencies
However, there are rules and procedures that must be adhered to by any agency -- even a government agency -- before the bank will allow them to view your personal banking information or balance and before the bank will comply with a seizure request.
The government can seize money directly from a bank account. One way this happens is when there are large numbers of cash deposits that government investigators suspect are structured as a way to avoid deposits exceeding $10,000, since deposits greater than that amount must be reported to the federal government.
All bank records are available to government investigators, including the IRS, through legal process which is easily obtained. In order to keep track of cash spending, the government also requires every business to report cash transactions over $10,000.
The fact is, any money you store in a banking institution now becomes an unsecured debt, and you become an unsecured creditor that is called on to share in the burden of a bank loss. You have little- to-no legal recourse. Act gives the right for banks to confiscate those funds in and use them as needed.
The standard insurance amount provided for FDIC-insured accounts is $250,000 per depositor, per insured bank, for each account ownership category, in the event of a bank failure.
If an agency, such as the Transportation Safety Administration, the Drug Enforcement Administration or U.S. Customs and Border Protection, finds someone carrying large amounts of cash, they can confiscate it by simply declaring it to be “suspicious.” This is not a rare occurrence.
The Bank Secrecy Act is officially called the Currency and Foreign Transactions Reporting Act, started in 1970. It states that banks must report any deposits (and withdrawals, for that matter) that they receive over $10,000 to the Internal Revenue Service.
In most cases, large and unusual deposits can flag your account, even if they're legitimate. So if you win big at the casino, you'll likely alert the bank when you try to deposit your windfall.
Investor takeaway. There are a lot of better choices than holding cash in 2022. Inflation will deteriorate the value of your savings if you decide to stash your cash in a bank account. Over the long run, you'll be better off investing now, even if expected returns are lower than they've been historically.
Again, the answer is yes. But, banks and credit unions are also required to have processes in place to protect the personal information they collect, use, and share with third parties. Also, customers can opt out of having their information shared under certain conditions.
There's no legal limit on how much money you can keep at home. Some limits exist with bringing money into the country and in the form of cash gifts, but there's no regulation on how much you can keep at home.
Key Takeaways. Savings accounts are a safe place to keep your money because all deposits made by consumers are guaranteed by the FDIC for bank accounts or the NCUA for credit union accounts. Certificates of deposit (CDs) issued by banks and credit unions also carry deposit insurance.
A Suspicious Activity Report (SAR) is a document that financial institutions, and those associated with their business, must file with the Financial Crimes Enforcement Network (FinCEN) whenever there is a suspected case of money laundering or fraud.
Financial institutions have to report large deposits and suspicious transactions to the IRS. Your bank will usually inform you in advance of submitting Form 8300 or filing a report with the IRS. The Currency and Foreign Transactions Reporting Act helps prevent money laundering and tax evasion.
If your bank account has been frozen, it means your account cannot be used to withdraw money, write checks, make transfers, or fund your bill pay services. It is important to note that even if a creditor freezes your account, you still may have some limited access.
At the moment of deposit, the funds become the property of the depository bank. Thus, as a depositor, you are in essence a creditor of the bank. Once the bank accepts your deposit, it agrees to refund the same amount, or any part thereof, on demand.