What is the Process for an IRS Tax Levy on a Bank Account, and What is the Timeline? (2024)

Generally, the IRS can’t issue a tax levy until it sends out several written notices—generally four. It can take up to six months or even longer from the due date of your payment, until the IRS can legally levy on your bank account. The last of the IRS notices is known as a Collection Due Process Notice. The notice will state that you have the right to request a hearing. Most of the time, this notice is sent on IRS Form Letter L-1058 or IRS Form Letter L11. The IRS is required to send this notice by certified mail to your last known address. If you respond in writing to the notice within 30 days of the mailing date on the L-1058 or L11 letter, then the IRS will not be legally be able to serve a levy on your bank account until you have had a hearing before an IRS Settlement Officer.

At the Collection Due Process or CDP hearing with the Settlement Officer, you will be able to request an installment payment agreement, an offer in compromise (OIC) or any other collection alternative. You can also raise an innocent spouse defense or request an abatement of interest. If you have not had a previous opportunity to dispute the amount of the liability, you can do that in the CDP hearing.

If you cannot come to an agreement with the Settlement Officer at the CDP hearing, then he or she will issue a Notice of Determination. The CDP Notice of Determination gives the taxpayer an opportunity to file a Petition with the United States Tax Court. The Petition must be filed within 30 days of the mailing of the Notice of Determination. We recommend that the Petition be sent to Tax Court by certified mail, return receipt requested. Important. The Petition must be mailed to the Tax Court NOT the IRS Settlement Officer who heard your case.

Once the Petition is received by the Tax Court, the case will be assigned to an attorney for the IRS. The Tax Court will calendar your case for a hearing, but if you have asked for a collection alternative, such as an installment payment agreement or an Offer in Compromise, the Tax Court cannot substitute its judgment for the judgment of the IRS Settlement Officer. Instead if it determines that the IRS has “abused its discretion” it will remand the case back to the IRS for further proceedings. While the entire process can be very time consuming, it can ultimately result in a much better outcome than if a taxpayer simply accepts the determination made by an IRS Revenue Officer or the IRS’ Automated Collection Service (ACS). While a case is pending before the Tax Court, the IRS is, generally, prohibited from levying, although there are some exceptions to this rule.

What is the Process for an IRS Tax Levy on a Bank Account, and What is the Timeline? (2024)

FAQs

What is the Process for an IRS Tax Levy on a Bank Account, and What is the Timeline? ›

What is the Process for an IRS Tax Levy on a Bank Account, and What is the Timeline? Generally, the IRS can't issue a tax levy until it sends out several written notices—generally four. It can take up to six months or even longer from the due date of your payment, until the IRS can legally levy on your bank account.

What to do when the IRS puts a levy on your bank account? ›

When the levy is on a bank account, the Internal Revenue Code (IRC) provides a 21-day waiting period for complying with the levy. The waiting period is intended to allow you time to contact the IRS and arrange to pay the tax or notify the IRS of errors in the levy. Generally, IRS levies are delivered via the mail.

What is the IRS levy process? ›

An IRS levy permits the legal seizure of your property to satisfy a tax debt. It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property.

How much can the IRS levy from my bank account? ›

They are able to levy up to the total amount you owe in back taxes, and the bank must comply. For many individuals, this might mean seizing everything in their entire bank account. The only way you are able to release a levy due to hardship is if you make a satisfactory resolution.

How to fight a levy on your bank account? ›

How to ask for an exemption
  1. Fill out court forms. Fill out these 2 forms: ...
  2. Make copies. Make 2 copies of your forms. ...
  3. Give the Claim to the levying officer. Take or mail the original and 1 copy to the levying officer. ...
  4. Wait to see if the other side files anything.

What is a process of a levy on a bank account? ›

The bank levy allows a bank to freeze the account(s) of a debtor until all the sought-after debt is repaid in full. If the levy is not lifted, the creditor can take the funds from the bank account and apply them to the total debt owed. A bank levy is not a one-time event.

How long does it take for the IRS to seize your bank account? ›

Generally, the IRS can't issue a tax levy until it sends out several written notices—generally four. It can take up to six months or even longer from the due date of your payment, until the IRS can legally levy on your bank account.

Can I deposit money after a bank levy? ›

With an IRS levy on your bank account, funds are frozen as of the date and time the levy is received, but it does not normally affect funds you deposit after the levy date.

How long does it take to release a bank levy? ›

For your bank levy to go away, you'll typically need to repay the debt you owe, work out a settlement on the debt or make payment arrangements that satisfy the creditor. Regardless of the type of debt, the bank usually has to wait 21 days after a levy is received before surrendering your money.

Can a tax levy take all your money? ›

Some types of income are protected, or exempt, from a bank levy. For example, only 25% of your wages can be taken. Money from Social Security can't be taken at all. If protected money was taken, you must let the judgment creditor or debt collector know to get it back.

Can the IRS put a hold on your bank account? ›

Freezing bank accounts is one such tool that the IRS can use when all other attempts to collect unpaid taxes have been exhausted. This action, though serious, is not taken lightly and is usually reserved for cases where taxpayers have repeatedly ignored their tax obligations or have engaged in fraudulent activities.

How do I stop IRS bank levy? ›

What if a levy on my wages, bank, or other account is causing a hardship? Contact the IRS at the telephone number on the levy or correspondence immediately and explain your financial situation. If the levy on your wages is creating an immediate economic hardship, the levy must be released.

What bank account can the IRS not touch? ›

Any bank accounts that are under the taxpayer's name can be levied by the IRS. This includes institutional accounts, corporate and business accounts, and individual accounts. Accounts that are not under the taxpayer's name cannot be used by the IRS in a levy. Levies can impact property and assets other than accounts.

Can I open another bank account if mine was levied? ›

While your levied account is frozen, you can open a new one. Be sure to move any automatic bill payments that you've set up to the new account so that you don't miss any payments and fall deeper into debt.

How to get IRS levy release? ›

Contact the IRS immediately to resolve your tax liability and request a levy release. The IRS can also release a levy if it determines that the levy is causing an immediate economic hardship. If the IRS denies your request to release the levy, you may appeal this decision.

Will I be notified if my bank account is levied? ›

In California, you will not get notice from the creditor that this is the collection action they are taking. Instead, you will get notice from your bank that a bank levy has been processed and that the monies in your account are now frozen.

How do I remove a bank levy from the IRS? ›

Contact the IRS immediately to resolve your tax liability and request a levy release. The IRS can also release a levy if it determines that the levy is causing an immediate economic hardship. If the IRS denies your request to release the levy, you may appeal this decision.

How do I fix my IRS levy? ›

Contact the IRS at the telephone number on the levy or correspondence immediately and explain your financial situation. Service is avaible from 8 a.m. to 8 p.m. local time, Monday through Friday. If the levy is creating an immediate economic hardship, the levy may be released.

Can a bank reverse a levy? ›

Can You Remove a Levy? To remove or lift the levy, you must either pay the debt in full or show that the funds in the account are exempt from the levy. Similar to wage garnishment exemptions, certain types of income in bank accounts may be exempt or excepted from levy.

How long does a levy on a bank account last? ›

For your bank levy to go away, you'll typically need to repay the debt you owe, work out a settlement on the debt or make payment arrangements that satisfy the creditor. Regardless of the type of debt, the bank usually has to wait 21 days after a levy is received before surrendering your money.

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