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What Are My IRS Tax Levy Rights?
Having your wages or bank account levied by the Internal Revenue Service (IRS) can be stressful. Fortunately all taxpayers have the following specific IRS tax levy rights:
- If the amount of the IRS tax levy is less than $5,000, the IRS can not place a lien on the taxpayer’s residence.
- The IRS must sent a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before issuing a tax levy.
- The IRS must release an IRS wage levy once an agreement is made with the taxpayer that their back tax liability is not collectible.
- The IRS must cease collection efforts and end an IRS tax levy if the legal time limit for collecting the tax (i.e. the collection statute of limitations) expires.
- The IRS must notify the taxpayer 30 days before filing a tax levy that they have a right to a hearing. The taxpayer can request an appeals officer hear the case, but they cannot challenge the underlying tax unless they had no previous opportunity to do so. If unsatisfied with the outcome, taxpayers have 30 days to appeal to the U.S. Tax Court or Federal Court.
- The IRS cannot levy a taxpayer’s property it the taxpayer has a pending Offer in Compromise, and 30 days thereafter.
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Source: RoniDeutch.com
