A lot of IRS collection letters look the same, and those looks can often be very misleading.
One of the biggest offenders is the IRS Notice of Intent to Levy IRS Notice CP504.
As part of its collection process, the IRS sends two different letters, each called a Notice of Intent to Levy. On their surface, these two letters are indistinguishable to a layperson, and look the same. But they are very different in what they permit the IRS to do.
Before the IRS can levy you, they have to send the Notice of Intent to Levy. This is law under Internal Revenue Code Section 6330 – the IRS must notify you in writing before levying, and tell you about your rights to file an appeal within 30 days in response. If an appeal is filed, the IRS cannot levy until it is resolved.
In other words, in most situations, the IRS is not permitted to levy by surprise. But the letters they send to permit you to prevent it are camouflaged.
Needless to say, it is extremely important to be able to distinguish between the real Notice of Intent to Levy and the wannabe. Your rights to protect your property can depend on it.
The wannabe Notice of Intent to Levy is identified as a CP504; the real one is identified by the IRS as an LT11 (sometimes it will be a L1058).
Only the Notice of Intent to Levy identified as an LT11 actually permits the IRS to do so; the other (CP504) is, well, a dummy letter.
The LT11 Notice of Intent to Levy follows the law and notifies you of the right to file an appeal action to stop the levy.
Only the LT11 provides notification of the rights to file a Collection Due Process action. It even includes enclosures and forms to file the Collection Due Process Appeal. No such forms are included with the CP504 because, well, it is not what it appears to be. It provides no appeal rights, and as a result, does not standing alone permit the IRS to levy.
Only the LT11 permits the IRS to levy your wages, commissions, bank accounts, car, and home.
In most cases, expect the IRS to send the CP504 immediately before the LT11. To be sure the IRS has not sent the LT11/L1058 out of order, I recommend that you hire Advance Tax Relief (800)790-8574 to confirm. An IRS account transcript will state if a real Final Notice has been sent, and when.
If the IRS cannot levy after sending the CP504, one thing is for sure: Your case is active in the IRS collection system. That means the IRS is coming.
We are tax relief experts specializing in IRS back tax help, Installment Agreements, tax lien help, wage garnishment release, IRS Offer in Compromises and a whole lot more. Get a free consultation from an experienced tax relief expert today (800)790-8574 or visit our webpage www.advancetaxrelief.com
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