IRS FINAL NOTICE OF INTENT TO LEVY AND FORM 12153 - HOW TO RESPOND

Appeals - collection actions, Automated Collection Service, IRS collection notices, IRS levies and property seizures

A certified mail slip comes in the mail, with a notation a letter awaits from you from the IRS, likely from the IRS Automated Collection Service.

Or maybe an IRS Revenue Officer makes an unannounced visit to your home or work, and after introductions, hands a letter to you.

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This, you tell yourself, is serious.

You get the letter and open it, and find that you have been served with an IRS Final Notice Notice of Intent to Levy, identified in the upper-right hand corner as LT11.

Intimidating as it all may seem, you have the right to put the brakes on the IRS’s desire to levy your accounts, and transfer the handling of your case from the IRS collection division to the IRS office of appeals. To accomplish this, within 30 days, you have the legal right to file a Collection Due Process appeal.

But how do you file that appeal to protect yourself and your assets and get the appeal filed?

The IRS has a simple two page form that it wants you to use for the appeal, known as Form 12153, Request for a Collection Due Process Hearing.

The Final Notice of Intent to Levy should have come with a package of inserts, one of which would be the Form 12153 for you to use in filing your IRS-stopping appeal.

Great, another IRS form to fill out that you do not understand, right? The good news is the Form 12153 is pretty straightforward to complete and get filed.

Here’s how to complete the Form 12153 and get your Collection Due Process appeal underway:

Starting at top of the the first page of the Form 12153, fill in your name, address and social security number.

Next, you will find that the IRS requests that you tell them what taxes you are appealing.  To do to this, reference the Final Notice of Intent to Levy – it will state the type of tax you owe (for example, income taxes), the IRS tax form that you filed creating the debt (i.e., Form 1040) and the years you owe (i.e., 2010, 2011, 2012).  Take that information from the final notice, and use it to tell the IRS what you owe and what you are appealing.

That’s it for the first page.

Now on to the second – and last – page.

The second page of the Form 12153 is primarily a “check-the-box” – it has boxes for you to check – the first being whether you are appealing the filing of a Federal tax lien or a Final Notice of Intent to Levy.  If you received a Final Notice of Intent to Levy, check the box “Proposed Levy or Actual Levy” as you dispute the IRS’s stated desire to levy you. If the IRS also filed a tax lien, you can check that box, too.

The IRS also asks you on the second page to state if you are requesting an “Equivalent Hearing.”  Checking this box actually allows you to file your appeal late. Yes, it can be okay if it is more than 30 days since you received your Final Notice of Intent to Levy and did not understand the importance of filing the appeal when you received the letter.

Even though tax laws state that a Collection Due Process Hearing must be requested within 30 days after the final notice is sent, IRS administrative rules allow you up to one year to file the appeal.  Filing late – up to one year after the notice was sent – is called an Equivalent Hearing. In most cases, the IRS will give you the “equivalent” of a timely filed appeal even if you file your request late.  That consists of a hearing, a hold on collection and levy, and a solution to your taxes that does not include levying your accounts and assets. What you give up by filing late is the ability to have a U.S. Tax Court judge review the determination of the IRS appeals officer if you do not agree with the decision of the IRS appeals officer.

If you are filing your appeal late – defined as more than 30 days and less than a year after the final notice was issued – check the box “I would like an Equivalent Hearing.”

The Form 12153 permits you to tell the IRS that there are better options to levying your accounts.

Think you can afford monthly payments and want an installment agreement?

Do you want to submit an offer in compromise?

Can’t afford to repay the IRS and think your account should be put in uncollectible status so the IRS leaves you alone?

Tell the IRS what you want by checking the box for appeals consideration of the options that may apply to you:  “Installment Agreement,” “Offer in Compromise,” or I Can’t Pay the Balance.” If you want another option that is not offered in the boxes provided (for example, penalty abatement), the Form 12153 next has a box for you to check as “Other.”  Check the “Other” box and state in the space provided any other collection option you desire, or any other information you want to add or tell the IRS.

Remember, you are requesting better options to levying your accounts, and while the IRS considers and negotiates those options with you, levying your accounts should be on hold.

All that should be left is for you to sign and date the Form 12153, and send it back to the IRS.

If you received the letter by certified mail from the IRS Automated Collection Service, mail it back to the Post Office Box shown in the upper right hand corner of the notice.  If it is from a Revenue Officer, send it back to her.

It does not happen often, but sometimes the IRS loses or misplaces the mail it receives.  You want to ensure the IRS gets your appeal, and that you can prove you mailed it. Because of that, I suggest filing the appeal with proof of mailing and delivery.

Once the IRS Automated Collection Service or IRS Revenue Officer receives your appeal, it should be sent to the IRS Office of Appeals.  You will get a letter confirming that appeals has received and processed it, followed by a second letter setting a day and time for a hearing.

Before the hearing, the IRS will need a financial statement from you detailing your income, living expenses, assets and liabilities to negotiate your resolution.  The IRS requests the financial statement be completed on an IRS form – either Form 433A (for individuals) or Form 433B (for businesses). You can also file your offer in compromise with the appeals officer, using IRS Form 656.

At the hearing, the IRS will then discuss with you the merits of your offer in compromise, or a payment agreement, or whether you debt can be treated as uncollectible.  One you reach agreement on collection alternatives to levy, your case will then be closed and the IRS appeals officer will notify the collections division to abide by its decision, and you have peace of mind that the IRS not only left you alone while you negotiated, but will not take your property going forward.

GET TAX RELIEF HELP TODAY

If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.

Advance Tax Relief is rated one of the best tax relief companies nationwide.

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UNDERSTANDING IRS FEDERAL TAX LIENS: HOW IT WORKS, WHEN THEY EXPIRE AND WHY THE IRS CAN REFILE A TAX LIEN.

IRS Collection Notices, Tax Liens, Tax Relief, Tax Attorney  

The Internal Revenue Code does not make it easy to understand how Federal tax liens work.  Hopefully, that is what I am here for.

The starting point to understanding your tax lien is to know that it lasts for the amount of time the IRS has to collect from you – 10 years.  After the 10 year statute of limitations on collections expires, the IRS is required to release the lien.

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To accomplish this on a wide scale, the IRS inserts language into the lien that makes it “self-releasing.”  That means it is automatically released when the 10 years is up.

This “self-releasing” aspect of a tax lien is right on the face of the lien.  Here is what a Federal tax lien says: 

“IMPORTANT RELEASE INFORMATION:  For each assessment listed below, unless the lien is refiled by the date given in column(e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a).”

Grab your tax lien (I know it may be painful to look at). The top of the document will say “Notice of Federal Tax Lien.”  As an overview, in the center of the lien are six columns, identified with letters (a) through (f). Each column lists (a) the type of tax you owe, (b) the tax years, (c) the last four digits of your social security number, (d) the date the IRS put your balance due on its books, (e) the last day the IRS can refile the lien if it needs to, and (f) a balance due.

Note the balance due is not what you owe now; it is not current and does not reflect accrued interest, penalties or any payments you may have made.

Tax liens may contain a foreign language, but you can learn a lot if you know how to read them.  Let’s focus on the fourth column of the lien (column (d) ), and the fifth column (column (e).  They are the heart of the lien.

Column (d) provides the date the IRS made its assessment against you; in other words, the day the collection statute began.  Take the date in column (d) and add 10 years.  From the lien itself, we now have the date the IRS collection statute should expire.

As stated on the face of the lien, the lien itself operates as a certificate of release after the collection statute expires. Column (e) gives you that date, which is 30 days after the IRS collection statute expired. Hopefully, for you,the lien ends there, after 10 years.

But sometimes there’s a catch:  You may have done something that extended the time the IRS has to collect.  Did you submit an offer in compromise?  File bankruptcy?  Submit a collection due process appeal?  All of these extend the time the IRS has to collect.

In cases where the collection statute is longer than 10 years, the IRS can extend the life of the lien by re-filing it to match the longer collection period.  This is where the 30 days comes into play.

If the IRS refiles the lien within 30 days of the collection statute expiration date, the lien remains in place and maintains its priority against all of your other creditors.

Example of lien refiling:  Let’s say you own a house, and it is worth $300,000. You have a mortgage, and you owe $200,000 on it.  The IRS has a tax lien filed, which attaches to all of the equity in your house.  You filed an offer in compromise with the IRS, which was rejected (don’t believe what you see on TV; most are).  It took the IRS 12 months to complete the offer investigation.  Your offer gave the IRS 12 more months to collect against you and the equity in your house.

The tension is that the IRS lien self-releases when the original 10 year collection statute expires, but they have 12 more months to pursue your house.  What happens?

If the IRS timely refiles the lien before the 30 days expires, the tax lien maintains its priority against your house and will remain in place for the additional 12 months you owe the IRS.

If the IRS does not refile the lien timely, the lien loses its priority against your house, although you still owe the IRS for an additional 12 months. Their claim is unsecured.  The point:  You could sell your house if the lien is not timely refiled, and the lien would not be paid at closing.  Or you could put a second mortgage on the house equity as the lien self-released and was not re-filed to maintain its priority from the extended collection statute.

One more thing:  The IRS can still refile its lien late – after 30 days – but their priority is at risk for any intervening event.  Using the example above, presume the IRS was late and refiled the lien after 30 days.  Before the lien was refiled, you took out a second mortgage.  The tax lien would now be third in line, after your first and second mortgages. If the IRS is late on the refiling of the lien, the lien goes to the back of the class.

GET TAX RELIEF HELP TODAY

If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.

Advance Tax Relief is rated one of the best tax relief companies nationwide.

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BACK TAXES AND THE FRESH START INITIATIVE - TAX RELIEF SETTLEMENTS

The concept behind the phrase “back taxes” is a fairly straightforward one: back taxes are comprised of taxes owed during a particular tax year that aren’t paid during that year.  In other words, if a taxpayer can’t pay all of their taxes for a year, they are said to owe back taxes.

The idea of back taxes may be pretty simple, but dealing with back taxes can be complex and difficult.

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IRS Can Go Back 10 Years

In general, the IRS has 10 years to collect back taxes.  After that time, the statute of limitations prevents any further collection action.  The time limit starts to run from the time the tax was originally assessed.

For example, taxes from the year 2011 were probably assessed sometime around April 15, 2012 (depending on when the taxpayer filed the return).  Thus, a person who owes back taxes from 2011 is subject to collection actions by the IRS until roughly April 15, 2022.

During that 10-year period, the IRS has many tools at its disposal to collect back taxes.  For instance, the IRS can garnish a taxpayer’s wages to recover the unpaid taxes. The IRS will also impose monthly penalties for failing to pay the taxes as an incentive to pay the back taxes sooner rather than later.

Fresh Start

While the IRS can be unrelenting in its hunt for back taxes, the agency recently expanded its relief program for taxpayers who owe it money.  Dubbed “Fresh Start,” the program allowed for penalty relief if a taxpayer was unemployed for at least 30 consecutive days in 2011 or 2012, or if the taxpayer was self-employed during the same period and experienced a 25% drop in business income.

In addition, the IRS also made it easier to use an installment agreement to lessen the burden of back taxes.  An installment agreement allows a taxpayer to pay their back taxes in small, manageable chunks, thus spreading the financial impact of repayment over a longer period of time.

Fresh Start also enlarged and enhanced the IRS’ Offer in Compromise (OIC) program.  An Offer in Compromise is an agreement between a taxpayer and the IRS to settle the taxpayer’s debt for less than what is actually owed to the IRS.  The Fresh Start program gave the IRS more flexibility in performing the financial assessments necessary to determine whether a taxpayer should receive on OIC or not.

All of these options can help taxpayers who owe back taxes get out of debt with the IRS.  The best strategy, however, is to face the problem of a large tax bill proactively before back taxes even become an issue.

GET TAX RELIEF HELP TODAY

If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.

Advance Tax Relief is rated one of the best tax relief companies nationwide.

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WHY IT’S OKAY TO DISAGREE WITH THE IRS: KNOW YOUR APPEALS RIGHTS

Automated Collection Service, IRS Appeals, IRS Audits, Revenue Officers

Do you disagree with the IRS, and are becoming frustrated because no one is listening?

Maybe you are under audit, and the IRS Revenue Agent is being difficult, taking unreasonable positions, or proposing changes to your tax return that are wrong, but refuses to see it your way.

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Or maybe you already owe money to the IRS, and their collection division is coming on strong, requesting payment terms you cannot afford, or levying your assets.

You do not need to feel like the IRS has the upper hand.  IRS power does need to be respected, but at the same time there are options to even the playing field.

The IRS has an entire appeals division devoted to reviewing decisions that taxpayers disagree with.  Most likely, that means the adverse decision you are facing is not necessarily the final decision.

IRS appeals has jurisdiction to review audit or collection decisions that include the following:

Rejected offers in compromise.

Terminated and denied installment agreements.

Audit examination reports.

Notices to levy your property, including wages, accounts, and real estate.

Refusals to grant innocent spouse relief.

Decisions of IRS Revenue Officers about your ability to repay your taxes, including a notice of intent to seize and sell your property.

Determinations of personal liability for employment taxes (trust fund recovery penalty).

Disagreement with the IRS filing a Federal tax lien against your property.

IRS refusal to give you penalty relief.

In other words, pretty much any decision an IRS agent makes that you disagree with comes with appeal rights.

The nice part about IRS appeals is that the employees are independent of the IRS examination and collection divisions.  They do not interact with the agent who made the decision you disagree with. IRS appeals officers are charged with being fair and impartial, to resolve disputes taxpayers have with the IRS. They look at cases much differently than an IRS auditor or collection agent.

Auditor’s dig and investigate tax returns – their job is to uncover tax claims that you are not entitled to, either because they are not legally permissible, or you cannot verify income or expenses.

Revenue Officers and ACS agents collect taxes – they look into your finances, and try to uncover how you can repay a tax debt.  They have tools at their disposal to aid their IRS collection powers, like levying your assets.

The jobs of both auditors and and IRS collection agents are necessary, but the IRS does have a system of checks and balances in their appeals division.

Appeals officers are trained to resolve disputes, not create them.  They do not audit your returns, or levy your wages. They try to find a better solution.  They consider your point of view not as an auditor or Revenue Officer would do, but more as a disinterested third party.

I have found appeals officers to be equitable, sophisticated, fair-minded, flexible, and geared to reach resolution that works for both you and the IRS.  If you are tangled-up and in knots over the handling of a case by an auditor, Revenue Officer, Automated Collection Service collection agent, or even an offer in compromise investigator, consider exercising your appeal rights.  It may be uncomfortable, but it can be okay to disagree with the IRS, and know that there are higher levels of review that can offer a fresh perspective.

GET TAX RELIEF HELP TODAY

If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.

Advance Tax Relief is rated one of the best tax relief companies nationwide.

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HOW TO STOP AN IRS WAGE GARNISHMENT

IRS wage garnishment

The IRS can utilize a number of different methods to collect on a tax debt that you owe. Among them, wage garnishment is one of the most common. You may be able to avoid an IRS wage garnishment by learning under what circumstances it is used and how it could possibly be released if you owe a debt to the IRS.

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DO YOU NEED IRS TAX HELP?

How Does an IRS Wage Garnishment Work?

Before the IRS can legally garnish your wages, it must first notify your employer of its intent to do so. This notification immediately alerts your employer to your tax troubles. By law, your employer must permit the IRS to withhold money from your paychecks to pay off the debt.

Moreover, the IRS can withhold a larger amount of your paychecks than other types of creditors. It only has to leave you $375 out of each paycheck on which to sustain you and your household. If you are self-employed, the IRS can claim all of your yearly income to pay off your tax debt.

How an IRS Wage Garnishment Affects You

The IRS has virtually unlimited access to your income once it decides to garnish you. It has to leave you enough with which to cover necessities. However, it does not consider certain expenses to be necessities. These expenses include:

Mortgage or rent

Utilities

Food

Medical or insurance costs

The IRS uses a predetermined table to decide how much to garnish out of your paychecks. As mentioned, it only has to leave you $375 on which to live out of each paycheck. You could end up with far less income with which to cover basic expenses in your household. You could possibly even face financial hardships because of having your wages garnished by the IRS.

Removing an IRS Wage Garnishment

Once the IRS begins garnishing your wages, it is not often inclined to release it until the debt is paid in full. It may not even allow you to request a release of the garnishment if you are experiencing financial hardships such as not being able to pay your rent or mortgage.

While difficult, it is not entirely impossible to have an IRS wage garnishment released before the debt is paid in full. Your best option for asking for a wage garnishment release could be to hire a tax resolution specialist to assist you in the process. A tax professional can appeal the wage garnishment or present evidence for why it should be released right now rather than after the debt is satisfied.

Examine Your Tax Situation

Another reason to hire a tax professional is to assess the reality of your tax situation. You may not know how much you owe to the IRS. You also may not know if you have any missing returns that need to be filed.

A tax resolution specialist can help you request a copy of your outstanding account balances from the IRS. He or she can also help you find any discrepancies in your records that could result the debt being larger than you actually owe. Your tax professional can contact the IRS on your behalf and get a copy of those records so you can possibly avoid a wage garnishment.

Pay Off Your Debt

Once you know how much you owe, you may then decide how best to pay off the account. If possible, you should pay off the account entirely in one lump sum payment.

If you do not owe a huge amount but more than you have saved in your bank account, you could ask your relatives or friends for a small loan. This idea may be best if you want to avoid expensive penalties and interest from being applied to your IRS debt.

Set Up an Installment Agreement

If you cannot pay off what you owe in full in one payment, you could request to be set up on an installment agreement with the IRS. To make this request, you must fill out and submit IRS Form 9465.

An installment agreement allows you to make monthly payments on what you owe. The payments are also based on your income, so they are affordable and in line with what you earn. You can also choose on what day of the month you would like that payment to be due.

Request an Offer in Compromise

Another option you have is to request an Offer in Compromise. An OIC allows you to pay off your account for less than what you owe. You could end up paying pennies on the dollar for your entire tax debt.

Because the IRS grants relatively few OIC’s to taxpayers, you may need the help of a tax professional to make this request for you. A tax resolution specialist will know what forms to file and what evidence to present to show that an OIC is the most realistic option for settling your tax debt.

Demonstrate Financial Hardship

If you cannot get tax relief through any other option, you may succeed by demonstrating genuine financial hardship. If you can prove that paying off your IRS debt would result in extreme financial difficulties for you and your family, you may earn a reprieve from the IRS.

To demonstrate this hardship, you will be asked to show proof like bank statements and paycheck stubs. You will not be given a total wage garnishment release, but you will be given enough time to get your financial affairs in order, so you can make payments on or pay off the debt entirely in the near future.

Appeal a Tax Levy

By law, you have the right to appeal an IRS tax levy. You have 30 days from the time you receive written notice of the IRS' intent to garnish your wages.

You can request a hearing to dispute the amount you owe. You also can have a tax adviser with you to argue your case during the hearing.

Consider Filing for Bankruptcy

As a last measure, you can file for bankruptcy to avoid an IRS wage garnishment. This option should be used when all other options fail.

Filing for bankruptcy prevents the IRS from collecting money from you. It will not forgive your tax debt. However, it stops the IRS from garnishing your wages until after the bankruptcy case has been discharged. By that time, you and your bankruptcy attorney may have a solution for settling the account in a timely manner.

Get the Assistance of a Tax Resolution Specialist

Regardless of the method you use to avoid an IRS wage garnishment, you may fare better by hiring a tax resolution specialist to help you. A tax professional can help you figure out what repayment method is best for you. He or she can also communicate with the IRS on your behalf and file and submit paperwork to request an OIC or installment agreement to pay off what you owe.

An IRS wage garnishment can leave you in financial difficulties that may last for years. The IRS can take as much money as it wishes out of your paychecks. When you hire a tax resolution specialist, you may be able to use other methods to help you avoid an expensive and lengthy IRS wage garnishment.

GET TAX RELIEF HELP TODAY

If you think that you may need help filing your 2018/2019 tax return and past due tax returns, you may want to partner with a reputable tax relief company who can help you get the max refund and reduce your chances for an IRS AUDIT.

Advance Tax Relief is headquartered in Houston, TX with a branch office in Los Angeles, CA. We help many individuals just like you solve a wide variety of IRS and State tax issues, including penalty waivers, wage garnishments, bank levy, tax audit representation, back tax return preparation, small business form 941 tax issues, the IRS Fresh Start Initiative, Offer In Compromise and much more. Our Top Tax Attorneys, Accountants and Tax Experts are standing by ready to help you resolve or settle your IRS back tax problems.

Advance Tax Relief is rated one of the best tax relief companies nationwide.

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