Arizona Tax Resolution Services
Arizona Tax Levy Attorney
Facing an IRS tax levy or a notice threatening the seizure of your assets? Understand your rights, evaluate available tax resolution options, and take informed steps to address the collection action.
What to Know About an IRS Tax Levy
A tax levy is a collection action that allows the Internal Revenue Service (IRS) to legally seize money or other property to satisfy an unpaid tax debt. Depending on the circumstances, a levy may affect funds in a bank account, wages, certain retirement assets, business receivables, or other property subject to collection.
Receiving a levy notice does not mean you have no options. The appropriate response depends on the notice you received, the stage of collection, the amount owed, your financial circumstances, and whether the IRS followed the required procedures. Some deadlines for challenging a proposed levy are short, so it is important to review the notice promptly.
Carr Law Firm assists clients with tax-resolution matters involving IRS collection activity and Arizona tax issues. The first step is understanding exactly what action has been taken and which options may be available.
Tax Levy vs. Tax Lien: Understanding the Difference
A tax lien is a legal claim against property that secures a tax debt. A tax levy is the actual seizure of money or property to collect that debt. A lien does not automatically mean the government has seized your assets, while a levy is a direct collection action.
Learn more about Arizona tax liens and how they differ from levies.
What Property Can the IRS Levy?
Federal law generally permits the IRS to levy property or rights to property belonging to a taxpayer, subject to applicable legal requirements and exemptions. Depending on the circumstances, collection activity may involve:
- Bank and financial accounts: Funds held in accounts may be frozen or transferred under an IRS levy.
- Wages and other income: An employer may be required to send part of a taxpayer's wages to the IRS. Certain amounts are exempt from wage levies.
- Business income: Accounts receivable, commissions, and certain payments owed to a taxpayer may be subject to collection.
- Retirement or investment assets: Certain assets may be subject to levy, depending on the account, applicable law, and circumstances.
- Vehicles, real estate, and other property: The IRS may seize and sell certain property when legal requirements are met.
- Some federal or state payments: Certain government payments, including some tax refunds, may be subject to collection under applicable rules.
Not every asset is treated the same way. Federal law provides exemptions for certain property and income, and additional rules may apply to particular assets or types of payments.
How the IRS Tax Levy Process Works
The IRS generally must follow specific collection procedures before issuing a levy. Understanding the stage of the process can help determine what action to take.
Tax Assessment and Bill
The IRS assesses the tax, sends a bill or Notice and Demand for Payment, and the balance remains unpaid.
Final Levy Notice
In most cases, the IRS sends a Final Notice of Intent to Levy and Notice of Your Right to a Hearing before issuing the levy.
Review Your Options
Depending on the notice and circumstances, you may be able to request a hearing, pursue a payment arrangement, or seek another collection resolution.
Collection Action
If the matter remains unresolved and legal requirements are satisfied, the IRS may levy eligible assets. Certain exceptions to advance notice requirements exist.
The timing and available rights depend on the type of levy and the notice issued. Review the actual IRS notice rather than relying on a general timeline.
Received a Final Notice of Intent to Levy?
Do not ignore it. Many IRS final levy notices provide an opportunity to request a Collection Due Process (CDP) hearing, and the deadline is commonly 30 days from the date of the notice. The exact rights and deadline depend on the notice and collection action.
A timely hearing request may allow you to challenge certain collection actions or discuss eligible alternatives. Other appeal procedures may be available in different circumstances.
Read the notice carefully and confirm the applicable deadline immediately. Official guidance is available from the IRS levy information page.
How to Prevent or Address a Tax Levy
The right approach depends on whether the IRS has only sent a notice, has already levied an account or income, or is pursuing other property. Potential options include the following, subject to eligibility and the applicable collection rules.
Pay the Tax Balance
Paying the amount due can resolve the outstanding liability. Confirm the payoff amount and whether any levy has been released before assuming collection activity has ended.
Request an Installment Agreement
An eligible taxpayer may be able to pay over time. Whether a proposed or existing agreement prevents, suspends, or requires release of a particular levy depends on the agreement and applicable rules.
Evaluate an Offer in Compromise
An Offer in Compromise may allow eligible taxpayers to settle certain tax liabilities for less than the full amount owed. Acceptance is not guaranteed, and submitting an offer does not automatically release an existing levy.
Request Currently Not Collectible Status
If paying would prevent you from meeting basic, reasonable living expenses, the IRS may determine that the account should temporarily be placed in Currently Not Collectible status. The debt generally remains owed, and interest and penalties may continue.
Challenge the Collection Action
Depending on the notice and facts, a taxpayer may have administrative hearing or appeal rights. Potential issues may include procedural errors, eligibility for a collection alternative, or disputes that can properly be raised through the applicable process.
Request a Levy Release
The IRS is required to release a levy in specified circumstances, including certain cases involving payment, an applicable installment agreement, economic hardship, or an expired collection period. The facts and legal requirements determine whether a release is available.
What If the IRS Has Already Levied Your Bank Account or Wages?
If a levy has already been issued, act promptly. The process for addressing a bank levy may differ from the process for a continuing wage levy or a seizure of physical property.
- Keep the IRS notice and any correspondence from your bank, employer, or other party.
- Confirm which tax periods and liabilities are involved, and check whether payments have been credited correctly.
- Gather current income, expenses, assets, and information relevant to any financial hardship.
- Ask whether the levy may qualify for release and what supporting documents are needed.
- Check whether a hearing, appeal, or other deadline applies to your circumstances.
A levy release generally does not erase the underlying tax debt. Depending on the circumstances, the IRS may continue collection activity or issue another levy if the liability remains unresolved.
IRS Levies and Arizona State Tax Collection
Federal tax collection and Arizona state tax collection are governed by different laws and procedures. If the debt is owed to the Arizona Department of Revenue, the notices, administrative remedies, payment options, and release requirements may differ from those used by the IRS.
Identify which agency issued the notice before deciding how to respond. For state tax information, visit the Arizona Department of Revenue.
How Carr Law Firm Can Help With a Tax Levy
Responding to a tax levy involves more than determining how much is owed. The notice, collection stage, financial circumstances, and applicable legal procedures all affect the available options.
Carr Law Firm can review the tax collection issue, help evaluate potential resolution strategies, and assist with appropriate communications or requests involving the IRS or Arizona tax authorities.
Depending on the circumstances, tax-resolution assistance may involve:
- Reviewing levy notices, tax balances, and relevant collection deadlines.
- Evaluating eligibility for installment agreements or other collection alternatives.
- Assessing whether financial hardship or other grounds may support a levy-release request.
- Reviewing applicable administrative hearing and appeal options.
- Helping organize financial records and supporting documentation for a proposed resolution.
No particular result can be guaranteed. The appropriate strategy depends on the taxpayer's circumstances and the rules governing the specific collection action.
Information to Gather Before Seeking Help
To help evaluate your situation, gather the following items when available:
- The IRS or Arizona tax agency notice, including its date and response deadline.
- Recent tax bills, account transcripts, and a list of the tax periods involved.
- Any existing payment agreement or previous collection correspondence.
- Recent income records, monthly expenses, bank information, and details about major assets.
- Documents showing payments, disputed amounts, or other facts relevant to the collection action.
Do not delay responding to a time-sensitive notice while collecting every document. First establish the deadline and the immediate steps required.
Related Tax Resolution Resources
- Arizona Tax Lien Attorney — Understand federal tax liens and options for addressing them.
- Tax Debt Resolution — Explore potential approaches to resolving unpaid tax liabilities.
- IRS: How to Get a Levy Released — Review the IRS's official explanation of levy-release requirements.
- IRS Levy Information — Learn about levy procedures and related taxpayer information.
Frequently Asked Questions About Tax Levies
Can the IRS levy my bank account without warning?
In many cases, the IRS must provide a Final Notice of Intent to Levy and an opportunity for a hearing before levying assets. Exceptions apply to certain types of levies, so the notice and circumstances must be reviewed individually.
Can an installment agreement stop an IRS levy?
An eligible installment agreement may prevent certain levies or require a levy to be released, depending on the agreement's terms and applicable rules. Do not assume that requesting a payment plan automatically stops an existing levy.
Can the IRS release a levy because of financial hardship?
Yes. The IRS may be required to release a levy if it determines that the levy prevents the taxpayer from meeting basic, reasonable living expenses. The taxpayer generally needs to provide financial information supporting the hardship claim.
Does a levy release eliminate my tax debt?
No. Releasing a levy generally ends that particular collection action, but the underlying liability remains unless it is separately resolved. The tax agency may continue collection activity when permitted by law.
Can Arizona tax authorities levy assets for state tax debt?
State tax collection actions may include levies or other collection measures authorized by Arizona law. The applicable procedures and remedies depend on the agency, the type of liability, and the notice issued.
Discuss Your Tax Levy With Carr Law Firm
If you have received an IRS levy notice or your assets are already subject to collection, timely review can help clarify your rights and potential next steps. Contact Carr Law Firm to discuss your tax-resolution circumstances.
Call 480-568-6115```