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 Internal Revenue Code authorizes the IRS to impose levies to collect delinquent tax payments. So under certain circumstances, the IRS may be able to freeze and then seize money in your bank account.
The IRS can no longer simply take your bank account, automobile, or business, or garnish your wages without giving you written notice and an opportunity to challenge its claims. When you challenge an IRS collection action, all collection activity must come to a halt during your administrative appeal.
There is not a limit placed on the IRS for how many times they can levy your account. It is likely that they will continue to levy funds until you make an arrangement to pay back your owed taxes. However, it is worth noting that the IRS has a 10-year statute of limitations for collecting debts.
All or part of your refund may have been used (offset) to pay off past-due federal tax, state income tax, state unemployment compensation debts, child support, spousal support, or other federal nontax debts, such as student loans.
There are only four types of debt for which the federal government will withhold your tax refund or send it to one of your creditors. These debts include past-due federal taxes, state income taxes, child support payments and amounts you owe to other federal agencies, such as federal student loans you fail to pay.
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.
Insurance proceeds and dividends paid either to veterans or to their beneficiaries. Interest on insurance dividends left on deposit with the Veterans Administration. Benefits under a dependent-care assistance program.
Under federal law, most creditors are limited to garnish up to 25% of your disposable wages. However, the IRS is not like most creditors. Federal tax liens take priority over most other creditors. The IRS is only limited by the amount of money they are required to leave the taxpayer after garnishing wages.
The IRS will provide up to 120 days to taxpayers to pay their full tax balance. Fees or cost: There's no fee to request the extension. There is a penalty of 0.5% per month on the unpaid balance. Action required: Complete an online payment agreement, call the IRS at (800) 829-1040 or get an expert to handle it for you.
But, failing to pay your taxes won't actually put you in jail. In fact, the IRS cannot send you to jail, or file criminal charges against you, for failing to pay your taxes. There are stipulations to this rule though. If you fail to pay the amount you owe because you don't have enough money, you are in the clear.
Generally, the IRS does not garnish all of a taxpayer's wages. However, if the taxpayer has more than one job (which many people do), the IRS may garnish all of the wages from one employer.
IRS procedures prior to garnishment
If you fail to pay this invoice, at some point after you will receive a Final Notice of Intent to Levy and a Notice of Your Right to a Hearing. These last two documents must be sent at least 30 days before the IRS begins to garnish your wages.
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.
> If you selected debit from your bank account, that information is passed on to the state and IRS and they will do the debit when they process your return information -- usually 1-3 weeks for e-file and 3-4 weeks if mailed in.
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.
The IRS usually sends several notices before garnishing your wages. These notices are called the IRS collection notice stream (usually 5 IRS notices), and they provide you with several chances over multiple months to pay your tax bill, or set up an agreement with the IRS.
The IRS rarely forgives tax debts. Form 656 is the application for an “offer in compromise” to settle your tax liability for less than what you owe. Such deals are only given to people experiencing true financial hardship.
Yes, the IRS can visit you. But this is rare, unless you have a serious tax problem. If the IRS is going to visit you, it's usually one of these people: IRS revenue agent: This person conducts audits at your business or home.
In general, the Internal Revenue Service (IRS) has 10 years to collect unpaid tax debt. After that, the debt is wiped clean from its books and the IRS writes it off. This is called the 10 Year Statute of Limitations. It is not in the financial interest of the IRS to make this statute widely known.
Generally, under IRC § 6502, the IRS will have 10 years to collect a liability from the date of assessment. After this 10-year period or statute of limitations has expired, the IRS can no longer try and collect on an IRS balance due.
Tax audit triggers: You didn't report all of your income. You took the home office deduction. You reported several years of business losses. You had unusually large business expenses.
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.