Yes, the IRS can garnish (levy) retirement income like 401(k)s, IRAs, and pensions for unpaid taxes, but it's usually a last resort after proper notice and warnings, and only if the funds are accessible for withdrawal. The IRS must follow a strict process, sending notices and giving chances to resolve the debt, and generally leaves a portion of Social Security benefits and some pensions protected to ensure basic living expenses.
Are such assets safe from creditors who may seek to garnish or seize your retirement benefits? The answer is that your assets held in retirement plans are generally safe from creditors, even if you are involved in a bankruptcy action.
Garnishment and Levy Laws
Section 1024 of the Taxpayer Relief Act of 1997 (Public Law 105-30) authorizes the IRS to levy up to 15% of each Social Security payment for overdue Federal tax debts until the tax debt is paid.
Put simply, yes. If you owe back taxes, the IRS can legally garnish your pension, 401(k), and other classifications of retirement accounts. Not only is the IRS legally authorized to garnish your pension and retirement accounts, but it is their duty to recompense unpaid balances from taxpayers.
Although it is rarely done, the IRS can garnish 15 percent of a senior's Social Security for past-due income taxes. However, this garnishment will never happen without the senior being first notified. The IRS will almost never garnish pensions and other retirement income.
The IRS may levy (seize) assets such as wages, bank accounts, Social Security benefits, and retirement income. The IRS also may seize your property (including your car, boat, or real estate) and sell the property to satisfy the tax debt.
The IRS 7-year rule primarily applies to keeping records for claiming a deduction for bad debts or losses from worthless securities, allowing a longer period to file for a credit or refund, but it's not a universal audit limit; it's often a recommended safe buffer for general record-keeping, with the standard IRS audit period usually being 3 years, extending to 6 years for substantial income omission (over 25%) or foreign income issues, and indefinitely for fraud.
What Types of Accounts Can the IRS Not Touch?
The IRS generally can't seize assets essential for basic living, like necessary clothing, schoolbooks, furniture, and tools of your trade (up to certain limits), plus items like unemployment, workers' comp, child support, and public assistance payments, along with a portion of your wages. However, major assets like your home, vehicles, bank accounts, and retirement funds can be seized, though the IRS must follow procedures and often seeks the quickest collection method, usually targeting liquid assets first.
The IRS can and does attempt to garnish funds from a retirement account when the account owner owes back taxes. The process of attempting to garnish a retirement account is known as a levy. Before the IRS can seize any of your money, they must send you a written notice telling you that you owe taxes.
However, the IRS is unfortunately not bound by this law. This means that they can choose how much to garnish from your wages each month, depending on how much you owe and how much you earn. The limit is typically between 25-50% of your disposable earnings after deductions are made.
This garnishment rate is up to 15% of their monthly benefit, provided they're left with at least $750. Typically, we think of student loan borrowers as individuals in their 20s, 30s, and perhaps 40s who've taken out loans for college or an accredited trade school.
Since the purpose of HELPS is to help seniors not worry about their creditors, we have some suggestions if you start to worry again. Always remember your income from Social Security, retirement, pension, VA benefits, disability and worker's compensation is protected by federal law and cannot be taken from you.
Income exempt from garnishment includes Social Security, veterans' benefits, unemployment, and workers' compensation, along with certain retirement funds, but exceptions exist for federal debts like child support, student loans, and taxes, which often override protections, plus state laws vary on wage limits and property exemptions like homesteads or vehicles, requiring you to claim them in court.
Under the Employee Retirement Income Security Act (ERISA), creditors are generally not able to seize funds from pensions and employer-sponsored retirement accounts. Creditors may target funds in traditional and Roth IRAs and certain 403(b) plans, which are typically not protected under ERISA.
A Reminder of Seven Things the IRS Will Never Do:
Want to make your assets virtually untouchable by creditors and lawsuits? Equity stripping may be the answer. This advanced technique involves encumbering your assets with liens or mortgages held by friendly creditors, such as an LLC or trust you control.
No, the IRS does not routinely monitor bank accounts. However, it can request records during audits, tax debt collection, or fraud investigations.
Not reporting all of your income is an easy-to-avoid red flag that can lead to an audit. Taking excessive business tax deductions and mixing business and personal expenses can lead to an audit. The IRS mostly audits tax returns of those earning more than $200,000 and corporations with more than $10 million in assets.
Inheritances, gifts, cash rebates, alimony payments (for divorce decrees finalized after 2018), child support payments, most healthcare benefits, welfare payments, and money that is reimbursed from qualifying adoptions are deemed nontaxable by the IRS.
In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate. It's a progressive tax, just like the federal income tax system. This means that the larger the estate, the higher the tax rate it is subject to.