What’s the difference between levy and lien?
The IRS defines a levy as “a legal seizure of your property to satisfy a tax debt”. A levy can actually take property, like wages or money in the bank, to satisfy the tax debt. A tax lien is a claim used as security for the tax debt.
How the IRS issues a levy?
A levy will only be issued after three requirements are met:
- The IRS assessed the tax and sent you a Notice and Demand for Payment;
- You neglected or refused to pay the tax; and
- The IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A hearing (levy notice) at least 30 days before the levy.
- Three Ways To Avoid IRS Levies
Usually, the IRS will start sending notices about six weeks after the taxpayer files a return with taxes owed on it. If the taxpayer neglects or refuses to pay the balance owed after receiving the last notice, a Final Notice of Intent to Levy, the IRS can levy the taxpayer’s income and assets including wages and bank accounts.
If taxpayers owe the taxes, there are several ways to avoid or remove the hammer of the IRS tax levy.How to avoid a levy?
1. Request a 120-Day Extension
One common solution is to request a 120-day extension to pay the balance in full and avoid a levy. Once you have made payment, the IRS will release the tax lien, if field, within 30 days, and automatically cancel the tax levy.
2. Request an Installment Agreement
If the taxpayer can’t pay in full with an extension, an installment agreement allows the taxpayer to make monthly payments. An IRS Installment Agreement is a program which allows individuals to pay tax debt in monthly payments, instead of paying their tax liability all at once. Once this is requested, the IRS will not issue a levy unless you default on this agreement.
3. Demonstrate Non-collectible Status
If a levy creates a evere financial hardship, you should contact the IRS to be placed in Currently Non-collectible (CNC) status. Under the Currently Non-collectible status the levy may be released. A CNC means that due to your current financial status the IRS is not going to collect from you. The CNC sttaus is only tempoarary and can remove ny the IRS. The IRS will review your file periodically to determine if your collection status has changed.
4. File an Offer in Compromise
The OIC program is a collection alternative that settles a taxpayer’s debt for an amount less than what he owes, and suspends any levy actions. With an Offer in Compromise, the taxpayer is showing how much they can reasonably pay back to the IRS and how collectible they actually are. In order to qualify for this program, taxpayers must demonstrate that attempts to pay full would present an undue financial burden. It would be wise for taxpayers to seek professional advice before applying this program.
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