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IRS Wage Levy Can Be Stopped By Legal Action

by Mary King on November 28th, 2011

Of all of the methods the IRS can employ to collect on back tax debt none are worse than the Wage Levy. Also called wage garnishment, an IRS wage levy is when the Internal Revenue Service forcibly takes or “levies” up to 85% of your wages prior to writing your paycheck. Many people have a hard enough time making ends meet with their full check and will find it impossible to get by with most of the check gone.

It’s important to note, that wage garnishment is only used as a collection tool if the taxpayer has ignored all other methods. Frequently the IRS will first do a one-time bank levy and if the debt is not settled continue on with a wage levy.

The process usually begins when your employer receives an IRS Wage Levy Notice. Once the notice has been received your employer has no choice but to comply and your next paycheck could be garnished. It’s that fast. The exact percentage they will take may depend on some factors including the number of dependants, and what state you live in. Some states have laws that limit the percentage of wage garnishment but in most cases it is the majority of the take-home-pay.

For those not self employed the IRS is able to review the taxpayer’s W-2s and 1099s to assess the amount of the levy. Further more the levy will continue until the entire debt has been paid or the taxpayer has taken some legal action that will stop collection efforts.

This is where getting legal help from a qualified tax attorney comes in.

Lawyers who specialize in tax law can in some cases stop a wage levy in days. This is possible because of the various programs available to facilitate a tax debt settlement. No it sounds too good to be true but the main reason for such tax settlement programs is to make it more likely that the IRS will be paid – and to protect taxpayers who have been incorrectly assessed and do not actually owe the total amount.

Under such programs once a taxpayer has formally begun the negotiation process the IRS must halt all collection efforts including Wage Levies. However should the taxpayer’s settlement be declined the collection efforts will resume. As such it is crucial that any taxpayer thinking of negotiation with the IRS for a debt settlement only hire an experienced tax law specialist. Larger tax resolution firms simply do not have the manpower for bar member attorneys to actually handle individual cases and as a result much less attention to the details of an individual’s case can result in an unsuccessful tax debt settlement.

An experience Sarasota tax attorney will know which programs you may qualify for and how to prepare the needed documentation to qualify for the selected settlement program. Of the many debt settlement programs available include, the Offer In Compromise, Installment agreement, currently not collectable status, the statute of limitations, innocent spouse relief and more.

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