Wage Garnishment Help
IRS Wage Garnishment
A wage garnishment is legal procedure by which the IRS seizes a taxpayer’s income directly from the taxpayer’s employer. Wage garnishments occur only against W-2 wage earners and are continuous in effect. Therefore the IRS does not have to re-issue a wage levy in order to garnish every paycheck of an employee. Wage garnishments usually takes up to 85% of an employee’s paycheck. Self-employed individuals (who earn 1099s) can also be levied, however the IRS is required to re-issue a levy notice prior to every single payment of income for self-employed individuals.
How does the IRS wage garnishment process work?
The IRS will not surprise a taxpayer with a wage garnishment. Initially, a taxpayer will receive a notice of past due taxes along with a request for immediate payment. If this notice is ignored and unanswered, a taxpayer will eventually receive a “Final Notice of Intent to Levy”. Usually, after 30 days of the final notice the IRS will issue Form 688-W to a taxpayer’s employer and the garnishment of wages begins. Taxpayers are afforded some exemptions for dependents on Form 668-W, but the allowance is so small that effect of the wage garnishment is still devastating on a taxpayer’s personal financial situation.
What If I Want to Appeal an IRS wage levy or wage garnishment?
A “Final Notice of Intent to Levy” can be appealed within 30 days. Good cause for the appeal is required and some examples are set forth below:
- You paid your taxes in full and they made a mistake;
- You are in bankruptcy and an injunction or automatic stay was issued.
- The statute of limitations on collecting the taxes applies.
- You submitted an Offer In Compromise and have not received an approval or denial decision yet;
- You are already in an IRS Installment Agreement upon which you have not defaulted.
- You have filed all your tax returns and have unreasonably been denied an installment arrangement.
What Should You Do If You Are Facing or Experiencing an IRS Wage Garnishment?
Upon receiving a notice asking you to pay your back taxes, or a notice of “intent to levy”, you should immediately begin to consider all your options and contact the IRS. If you are unsure of how to pay the IRS get in touch with a Tax Professional. It is better to have an experienced person on your side than it is to ignore the requests and wait for the worst to come. Even if you are currently experiencing an IRS wage levy now, contact a Tax Professional that can resolve your situation quickly and efficiently.
Need Help with Your Wage Garnishment Issue?
Please feel free to contact us regarding your Wage Garnishment. Every tax matter is unique because every person’s situation is unique. We can quickly and efficiently analyze your circumstances and propose various options for resolution.
Call Legacy Tax Partners Toll-Free 855-900-1333 for a free, no-obligation consultation or fill out the contact form.
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The IRS will aggressively pursue enforcement action against any employer that fails to timely file its quarterly federal tax return or make its quarterly payroll tax deposit, and can seize business assets, close down business operations, file tax liens, impose significant penalties, hold business owners personally responsible, and file criminal charges.
The experienced Tax Professionals at Legacy Tax Partners, have successfully resolved complex payroll tax disputes for thousands of clients with a view to:
- Ensure continued business operations, minimize imposition of penalties,
- Minimize imposition of penalties,
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- Resolve the underlying tax liability.
A wage garnishment is legal procedure by which the IRS seizes a taxpayer’s income directly from the taxpayer’s employer. Wage garnishments occur only against W-2 wage earners and are continuous in effect.
Therefore the IRS does not have to re-issue a wage levy in order to garnish every paycheck of an employee. Wage garnishments usually takes up to 85% of an employee’s paycheck.
Self-employed individuals (who earn 1099s) can also be levied, however the IRS is required to re-issue a levy notice prior to every single payment of income for self-employed individuals. How can an IRS wage garnishment be STOPPED?
Call us today, we can help stop your Wage Garnishment. Toll-Free (855) 900-1333
What Legal Grounds Does the IRS Have to Levy?
The Internal Revenue Code contains section 6331, which authorizes the IRS to levy in order to collect delinquent taxes.
What is the Difference Between a Levy & a Seizure?
None. They involve both the IRS’s taking of a taxpayer’s property to satisfy an unpaid amount.
Tax Levies are used to take bank accounts, wages, other income, or other receivables. Seizures are used to take cars, houses, and business property.
What Legal Grounds Does the IRS Have to Levy?
The Internal Revenue Code contains section 6331, which authorizes the IRS to levy in order to collect delinquent taxes.