It can be difficult and frustrating to deal with tax debt. You might be concerned about whether the IRS has the right to seize your assets if you owe taxes to them and haven’t taken steps to address the debt. Understanding which assets the IRS can seize is crucial for taxpayers, particularly those facing financial difficulties. Here’s a comprehensive overview of what the IRS can and cannot seize.
Can the IRS Seize My Assets?
The simple answer to this question is yes. The IRS can legally seize your assets to pay off a tax balance you owe. However, it is crucial to remember that the IRS normally views asset seizure as a last resort. Before initiating asset seizure, it is your taxpayer right to be notified. The IRS will make several attempts to collect the tax debt through IRS notices and other means before resorting to seizures. This is so you can attempt to correct the issue, perhaps with an installment agreement or offer in compromise. If you do not respond to IRS notices, they will impose a tax lien on your property. Only after this and a final warning will the IRS seize any assets.
Which Assets Can the IRS Seize?
Almost any item that has worth or equity and may be sold for cash can be seized by the IRS. Some of these assets can include:
Property
The IRS can place a lien on your property, such as your house or other real estate, establishing their legal claim to it. In some situations, they may seize and sell the property to recover the debt. However, seizing a primary residence is considered a last resort, and the IRS must go through a judicial process before doing so. The sale of the property typically occurs through a public auction, with the proceeds used to satisfy the tax debt.
Vehicles and Other Personal Assets
To satisfy your tax burden, the IRS may confiscate and sell your vehicles, boats, jewels, or other personal assets. However, the IRS typically considers the value of the vehicle and the amount of debt before deciding to seize it, as the cost of seizure and sale may not always justify the action.
Bank Accounts
The IRS can levy funds from your bank accounts to satisfy your tax debt. Bank levies are one-time only. This means the IRS can only take what is in the bank account now. You can deposit and withdraw funds from the account in the future. However, the IRS can always issue more levies in the future. The IRS typically notify you of this action, giving you a short window to contest the levy or arrange payment.
Retirement Accounts
The IRS has the legal authority to seize your 401(k) and other retirement savings, including self-employed plans. Although these accounts are shielded from creditors, the IRS has the legal right to confiscate funds from your retirement savings to recoup back taxes owed. However, certain rules and limitations apply, particularly regarding early withdrawal penalties and the protection of certain types of retirement accounts under federal and state laws.
Life Insurance
In certain cases, the IRS can even seize life insurance benefits, particularly if the policy has a cash surrender value. If you are the beneficiary of a life insurance policy and you owe the IRS, the IRS can seize those proceeds. Additionally, if you have a life insurance policy with no beneficiary named and you owe the IRS, the IRS can seize the policy funds before they are distributed to your next of kin.
Wages
The IRS has the authority to issue a wage garnishment, which means that they can legally order your employer to withdraw a percentage of your salary to pay off your tax debt. This can be a significant financial burden, as the levy continues until the tax debt is fully paid. The IRS also has the authority to seize other forms of income, including rental income, Social Security benefits, and even commissions. However, the IRS typically cannot seize the death benefit itself unless it has already been paid out and is part of the taxpayer’s estate. Additionally, term life insurance policies without a cash value are generally not subject to seizure.
Business Assets
For business owners, the IRS can seize business assets, including equipment, inventory, and accounts receivable. This can be devastating for a business, as it can disrupt operations and lead to financial instability. The IRS may also target the business’s bank accounts and income streams.
Which Assets Can the IRS Not Seize?
In general, any asset not necessary for your well-being and shelter (or the survival and shelter of your family) may be confiscated to pay the IRS what you owe. This can include:
Assistance provided by the Job Training Partnership Act
How Can I Protect My Assets from Being Seized by the IRS?
The good news is that an IRS asset seizure will never come as a surprise. Once you are aware that you owe the IRS, you should get to work on resolving the issue. However, we know that sometimes this isn’t always possible. You may have already received multiple IRS notices, and maybe one was an Intent to Levy. It’s not too late to get help from the nation’s leading tax resolution firm. Optima Tax Relief has over a decade of experience helping taxpayers with tough tax situations.
Dealing with an IRS levy can be incredibly stressful, especially when it creates a significant financial hardship. A levy allows the IRS to legally seize your assets, such as bank accounts, wages, and other property, to satisfy a tax debt. If this action is making it difficult to cover basic living expenses, it’s essential to know your options for relief.
Understand the Situation
First, ensure that the levy is, in fact, causing a hardship. A financial hardship is typically defined as a situation where the levy leaves you unable to meet basic, reasonable living expenses. These include things like rent, utilities, food, and medical costs. If you’re struggling to pay for these necessities due to the levy, you likely qualify for relief.
Request a Release of Levy
If you believe the levy is causing a hardship, you can request the IRS to release it. To do this, contact the IRS immediately. You’ll need to explain your situation and provide financial information to demonstrate that the levy is preventing you from meeting your basic needs.
You can contact the IRS at the number provided on your levy notice. Be prepared to discuss your financial situation in detail. Next, you’ll need to submit Form 433-A. This is a Collection Information Statement for Wage Earners and Self-Employed Individuals. It provides the IRS with a detailed picture of your income, expenses, assets, and liabilities. You may also need to submit documents such as pay stubs, bank statements, and bills to prove your financial hardship.
Other Tax Relief Options
You can also look into other forms of tax relief if your IRS levy is causing a hardship. An Offer in Compromise (OIC) is an agreement between you and the IRS that settles your tax debt for less than the full amount you owe. This option may be available if paying the full tax liability would cause financial hardship. To apply, you’ll need to submit Form 656 and provide detailed financial information. While this option can provide significant relief, it’s important to understand that the IRS approves only a small percentage of OIC applications. The process is rigorous, and you may want to consult a tax professional to increase your chances of success.
If a full release of the levy isn’t possible, you may be able to negotiate an installment agreement. This allows you to pay off your tax debt over time in smaller, more manageable payments. While the IRS may not release the levy entirely, they may adjust it to a level that no longer creates a hardship.
Appeal the Levy
If you believe the levy was wrongfully applied or if you disagree with the IRS’s decision, you have the right to appeal. You can request a Collection Due Process (CDP) hearing, where you’ll have the opportunity to present your case. During this hearing, you can propose alternatives to the levy, such as an installment agreement or Offer in Compromise.
Seek Professional Help
Navigating the complexities of tax laws and IRS procedures can be challenging, especially when you’re under the pressure of a levy. Consider consulting a tax professional, such as a certified public accountant (CPA), enrolled agent, or a tax attorney, who can help you negotiate with the IRS and explore your options for relief.
Prepare for the Future
Once the immediate crisis is resolved, take steps to prevent future tax issues. Set up a payment plan with the IRS if you still owe back taxes and ensure that you stay current with all future tax obligations. Consider working with a tax professional to manage your finances and avoid falling into similar situations in the future.
Tax Help for Those Being Levied by the IRS
An IRS levy can be overwhelming, but it’s important to know that options are available, especially if it’s causing a financial hardship. By taking proactive steps, communicating with the IRS, and seeking professional help, you can work towards resolving the issue and regaining financial stability. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
Today, Optima Tax Relief Lead Tax Attorney, Phil, answers a common question: “How do I get my IRS debt forgiven?”
What is Tax Debt Forgiveness?
If you want to reduce your tax liability with the IRS, you have some options.
Audit Reconsideration
Audit reconsideration is a process offered by the IRS that allows taxpayers to request a review of their tax audit results if they disagree with the findings. You can request an audit reconsideration if you didn’t appear for the initial audit, didn’t receive the audit correspondence due to relocating, have more information you want considered in the audit, or simply do not agree with the audit results.
Offer in Compromise
An Offer in Compromise (OIC) is a program offered by the IRS that allows taxpayers to settle their tax debt for less than the full amount owed. This program is designed for individuals and businesses who are unable to pay their full tax liability or if paying it would create a financial hardship. Be prepared to prove that you are unable to pay the full tax debt, which can be a complex process.
Amended Tax Return
Amending a tax return can potentially lower tax liability if errors or omissions on the original return. For example, maybe you forgot to claim some deductions or credits. Perhaps you selected the incorrect filing status. By carefully reviewing and correcting your tax return, you can potentially secure a refund or reduce your tax obligations.
Join us next Friday as Phil will answer your questions about negotiating with the IRS.
Receiving a notice from the IRS can be an unsettling experience, especially when it involves serious matters like potential tax collection actions. One such notice is the IRS Notice CP90. If you’ve received this notice, it’s crucial to understand what it means and how you should respond. Here’s a comprehensive guide on what to do if you receive IRS Notice CP90.
What is IRS Notice CP90?
IRS Notice CP90, also known as the Final Notice of Intent to Levy and Notice of Your Right to a Hearing, is a notification from the IRS indicating that you have unpaid taxes. The notice serves as a final warning that the IRS intends to levy your assets, such as wages, bank accounts, or other property, to satisfy your tax debt. This notice also informs you of your right to request a Collection Due Process (CDP) hearing within 30 days from the date of the notice.
Why Did You Receive IRS Notice CP90?
You received IRS Notice CP90 because the IRS believes you owe taxes, and previous attempts to collect the debt have been unsuccessful. The notice is issued after the IRS has sent multiple notices demanding payment, and it indicates that more aggressive collection actions, like levies, are imminent unless you take immediate action.
Steps to Take If You Receive IRS Notice CP90
If you receive IRS Notice CP90, don’t panic. You still have options. That said, it’s important to act.
Read the Notice Carefully
The first step is to thoroughly read and understand the notice. It will detail the amount owed, the tax years in question, and the deadline for responding. Pay attention to the deadlines and any instructions provided in the notice.
Verify the Information
Double-check the details in the notice to ensure there are no errors. Verify that the tax amount stated is accurate and that the notice pertains to you. If you believe there’s a mistake, contact the IRS immediately to address the discrepancy.
Consider Your Options
Once you’ve confirmed the notice’s accuracy, consider your options for resolving the debt:
Pay the Amount Owed: If possible, pay the full amount stated in the notice to avoid further penalties and interest. You can pay online via the IRS website, by phone, or by mailing a check or money order.
Set Up a Payment Plan: If you cannot pay the full amount, consider setting up an installment agreement with the IRS. This allows you to make monthly payments to satisfy your tax debt over time.
Offer in Compromise: If you cannot pay the full amount or afford a payment plan, you might qualify for an Offer in Compromise (OIC). This program allows you to settle your tax debt for less than the full amount if you meet specific eligibility requirements.
Request a Collection Due Process (CDP) Hearing: You have the right to request a CDP hearing within 30 days of receiving Notice CP90. This hearing allows you to discuss your case with an IRS officer and explore alternative resolutions to the levy.
Request a CDP Hearing
If you choose to request a CDP hearing, you must do so within 30 days from the date of the notice. Complete Form 12153, Request for a Collection Due Process or Equivalent Hearing, and send it to the address listed on your notice. A timely request for a CDP hearing will temporarily halt the levy process until your hearing is conducted and a decision is made.
Consult a Tax Professional
Receiving IRS Notice CP90 is a serious matter, and navigating the process can be complex. Consider consulting a tax professional, such as a certified public accountant (CPA) or a tax attorney, for guidance. They can help you understand your options, prepare the necessary paperwork, and represent you during negotiations with the IRS.
Respond Promptly
Regardless of your chosen course of action, it’s essential to respond promptly to the notice. Ignoring IRS Notice CP90 can result in severe consequences, including the seizure of your assets and further financial penalties.
Maintain Documentation
Keep copies of all correspondence with the IRS, including the notice itself, any payments made, and any forms submitted. Proper documentation will be crucial if you need to dispute any claims or if issues arise in the future.
What Happens If You Don’t Respond?
Failing to respond to IRS Notice CP90 can lead to severe consequences. The IRS may proceed with levying your assets, including wage garnishment. The IRS can seize a portion of your wages directly from your employer to satisfy your tax debt. They can also freeze and seize funds from your bank accounts to cover the amount owed. In some cases, the IRS can seize physical assets, such as your car or home, to settle your tax debt. Ignoring the notice will not make the debt disappear, and it could worsen your financial situation.
Tax Help for Those Who Received IRS Notice CP90
Receiving IRS Notice CP90 can be extremely intimidating, but it’s crucial to remain calm and take immediate action. By understanding your options, seeking professional assistance, and responding promptly, you can effectively address the notice and work towards resolving your tax debt. Remember, proactive steps can prevent further financial hardship and help you regain control of your financial situation. Optima Tax Relief is the nation’s leading tax resolution firm with over $3 billion in resolved tax liabilities.
The U.S. tax system is one of the most complex in the world. That said, it can be intimidating for many taxpayers, especially when disagreements arise with the IRS over tax liabilities. In such situations, the United States Tax Court serves as a crucial legal institution that offers taxpayers a platform to contest IRS determinations before paying the disputed amounts. As a specialized federal court, the U.S. Tax Court provides a fair and impartial setting for resolving tax disputes, ensuring that taxpayers have access to justice and due process. Understanding its function, structure, and procedures is essential for anyone involved in tax disputes. Here’s an overview of the U.S. Tax Court, including its background, purpose, and process.
Historical Background
The U.S. Tax Court was initially established as the Board of Tax Appeals in 1924, following the Revenue Act of 1924. It was created to address the increasing number of tax disputes resulting from new federal tax laws. In 1942, it was renamed the Tax Court of the United States and later became the United States Tax Court in 1969 as an independent judicial body under Article I of the Constitution.
Structure and Function
The U.S. Tax Court consists of 19 judges appointed by the President and confirmed by the Senate for 15-year terms. The court’s headquarters are in Washington, D.C., but judges travel across the country to hear cases in various locations, making it more accessible to taxpayers.
Types of Cases
The Tax Court hears a variety of cases, including:
Deficiency Cases: The most common type of case, where a taxpayer disputes an IRS assessment of additional tax owed.
Collection Due Process (CDP) Cases: Involving challenges to IRS collection actions, such as liens or levies.
Innocent Spouse Relief: Addressing requests for relief from joint tax liability for a spouse.
Abatement of Interest and Penalties: Cases where taxpayers seek relief from interest or penalties assessed by the IRS.
Employment Status: Cases involving the classification of workers as employees or independent contractors.
Whistleblower Cases: Involving claims for rewards by individuals providing information leading to the detection of underpayments of tax.
Procedures and Process
Here is the typical process of the U.S. Tax Court.
Filing a Petition: Taxpayers can file a petition with the Tax Court within 90 days after receiving a Notice of Deficiency from the IRS. The petition initiates the legal process and must clearly state the issues and facts in dispute.
Pretrial Procedures: The court encourages settlement discussions between the parties. If a settlement is not reached, the case proceeds to trial.
Trial: Trials are conducted by a single Tax Court judge and are less formal than typical federal court proceedings. Taxpayers may represent themselves or hire an attorney or tax professional.
Decision: After the trial, the judge issues an opinion, which can be a regular or memorandum decision. Regular decisions address new or novel legal issues, while memorandum decisions deal with the application of existing law.
Appeal: Tax Court decisions can be appealed to the U.S. Courts of Appeals, and in rare cases, to the U.S. Supreme Court.
Advantages of the U.S. Tax Court
One of the primary advantages is that taxpayers can dispute a tax deficiency without first paying the disputed amount. This is particularly beneficial for those who cannot afford to pay upfront. In addition, the judges of the Tax Court are specialists in tax law, providing a knowledgeable forum for complex tax issues. Finally, with trials held in various locations across the country, the Tax Court is accessible to taxpayers nationwide.
Tax Help for Those with Tax Disputes
The U.S. Tax Court plays a vital role in the American tax system, providing a specialized and impartial forum for resolving disputes between taxpayers and the IRS. By allowing taxpayers to contest assessments before payment and offering expertise in tax law, the Tax Court ensures fairness and due process in tax administration. If you have a tax issue, it may be best to consult a tax professional. Optima Tax Relief has over a decade of experience helping taxpayers get back on track with their tax debt.
