Can IRS Levy Joint Account and What to Expect

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If you're facing an IRS levy on a joint account, it can be a stressful and overwhelming experience. The IRS can indeed levy a joint account, but there are some important details to understand.

The IRS can levy a joint account if both account holders are responsible for the debt, or if one account holder is responsible and the other is not. This means that even if one account holder did not sign the tax return or was not aware of the debt, they can still be held liable.

You'll need to act quickly if you receive a notice from the IRS about a levy on a joint account. The IRS typically gives you 30 days to respond to a notice before taking further action.

What is an IRS Levy on a Joint Account?

If the IRS levies a joint bank account, the bank will contact the account holders and freeze the funds for a 21 day period.

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During this time, you and your co-account holder don't have access to the money. The IRS will then take the funds if there's no conflict in ownership.

The IRS can levy up to the total amount you owe in back taxes, and the bank must comply. This can mean seizing everything in your joint bank account.

To release a levy due to hardship, you and your co-account holder must make a satisfactory resolution. This doesn't necessarily mean paying off the back taxes in a single payment.

You may be eligible to schedule payment plans that allow you to repay your debt in a way that caters to your situation.

Consequences of an IRS Levy on a Joint Account

If you're facing an IRS levy on a joint account, it's essential to understand the consequences. The IRS can seize up to the total amount you owe in back taxes, leaving you with little to no access to your funds.

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You may be wondering how this affects your partner or joint account holder. In most cases, the IRS will freeze the entire account, not just the individual's portion. This means your partner may also be affected, even if they're not responsible for the tax debt.

The IRS will typically send a notice of levy to the bank, instructing them to freeze the funds for 21 days. During this time, the bank will not allow withdrawals from the account.

If the tax debt is substantial, the IRS may seize the entire account, leaving your partner with no access to their funds. This can cause significant financial hardship, especially if the joint account is used for everyday expenses.

If you're facing an IRS levy on a joint account, it's crucial to act quickly. You can try to resolve the issue by making a satisfactory resolution, such as scheduling payment plans or postponing payments until your financial situation improves.

Here are some key facts to keep in mind:

  • The IRS can seize up to the total amount you owe in back taxes.
  • The IRS will typically freeze the entire account, not just the individual's portion.
  • The 21-day freeze period allows time to appeal and claim that the levy should be lifted.
  • If the tax debt is substantial, the IRS may seize the entire account, leaving your partner with no access to their funds.

It's always best to seek the help of an experienced bankruptcy attorney to navigate the situation and protect your rights.

How it Works

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A levy is a serious measure the IRS takes to collect taxes owed. To institute a levy, the IRS must compute what you owe and send a comprehensive bill, known as a Notice of Delinquency.

The IRS will send multiple notices before taking any action, including a Notice of Intent to Levy and a Notice of Your Right to a Hearing. You have 30 days to respond after receiving these notices.

If you fail to respond, the IRS can seize your property, including bank accounts. In fact, the IRS can deduct funds from a bank account directly, which is one of the harshest collection techniques used.

The IRS will typically make several attempts to collect debts owed before seizing a bank account. They will issue a notice of their intent to seize, known as the Final Notice of Intent to Levy and Notice of your Right to A Hearing, and you have 30 days to resolve the debt.

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Here's a breakdown of the steps the IRS takes before seizing a bank account:

  • Computes tax owed and sends a comprehensive bill (Notice of Delinquency)
  • Sends multiple notices, including Notice of Intent to Levy and Notice of Your Right to a Hearing
  • Issues a Final Notice of Intent to Levy and Notice of your Right to A Hearing, giving you 30 days to resolve the debt

If you receive an IRS notice of levy, it's essential to take immediate action to resolve your tax debt. If you're stuck and worry about a levy causing financial hardship, consider seeking help from an experienced bankruptcy attorney.

Garnishment and Wage Withholding

A wage garnishment is a means to collect a debt owed, typically requiring a court order that's served upon an employer, who then deducts a portion of the employee's compensation and pays that portion to the creditor.

The IRS can garnish your wages without seeking a judgment and resulting court order, making them more likely to use a wage garnishment in the collection of amounts owed.

The IRS sends form 668-W Notice of Levy on Wages and Salary and Other Income to your employer to effect this, showing their intent on garnishing your wages, including commissions and bonuses.

A married individual that jointly files gets a $630.77 exemption weekly, with the remainder going to the IRS.

How to Deal with Garnishment

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Dealing with garnishment can be stressful, but there are ways to manage it. Hiring experienced representation can be a good option, as tax professionals can help get levies released.

Taxpayers have successfully negotiated with the IRS on their own, reaching installment agreements or other resolutions. In fact, the IRS typically tries to reach you before taking more drastic measures like wage garnishment.

If you owe a small amount of tax and the garnishment isn't causing financial hardship, you can choose to do nothing. However, consider how this might affect you in the future.

The IRS only takes measures like wage garnishment after trying to resolve the issue with you. They'll take a portion of your wages from each paycheck until the debt is settled, or seize cash in your bank accounts.

Here are some options to consider:

  • Hire experienced representation
  • Contact the IRS on your own
  • Do nothing (if the debt is small and not causing hardship)

Wages Being Garnished

The IRS can garnish your wages to collect a debt, and it's a recurring levy that takes a portion of your earnings from every paycheck until the debt is fully recovered.

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A married individual who jointly files with the IRS gets a $630.77 exemption weekly, with the remainder going to the IRS. This means that if you have a joint filing status, the IRS will take the amount above this exemption from each paycheck.

If you have multiple employers, the IRS can take 100% of your earnings from one of the employers, as well as any commissions and bonuses earned.

The IRS sends a form 668-W Notice of Levy on Wages and Salary and Other Income to your employer to effect this, which requires your employer to remit part of your salary to the IRS.

You can try to get the levy released and resolve the tax liability, even if the IRS garnishment is in place.

Frequently Asked Questions

Can my bank account be garnished if it's a joint account?

Yes, a joint bank account can be garnished, even if not all account holders are defendants, as the assets belong to holders in proportion to their contributions. However, the court may need to determine the individual contributions to the account.

Can your bank account be garnished if you have a joint account?

Yes, a joint bank account can be garnished, even if not all account holders are defendants, with assets divided among holders based on their individual contributions

Teresa Halvorson

Senior Writer

Teresa Halvorson is a skilled writer with a passion for financial journalism. Her expertise lies in breaking down complex topics into engaging, easy-to-understand content. With a keen eye for detail, Teresa has successfully covered a range of article categories, including currency exchange rates and foreign exchange rates.

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