Understanding a Tax Levy Fee on My Bank Account and What to Expect

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A tax levy fee on your bank account can be a stressful and overwhelming experience. This is because the IRS can seize your assets, including your bank account, to collect unpaid taxes.

The IRS typically issues a Notice of Levy to your bank, which gives them permission to freeze and take the funds from your account. This can happen without your knowledge or consent.

The amount of the tax levy fee varies depending on the state you live in, but on average, it can range from 10% to 20% of the total amount owed to the IRS. For example, if you owe $10,000 in taxes, the tax levy fee could be $1,000 to $2,000.

You may not even notice the tax levy fee at first, as it can be hidden in small increments taken from your account over time.

What is a Tax Levy Fee?

A tax levy fee is a charge imposed by the government on a bank account when a taxpayer owes a significant amount of back taxes. It's a serious situation that can happen to anyone.

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The fee is typically a percentage of the amount owed, usually around 25% to 30% of the total tax debt. This is often referred to as the "penalty" for not paying taxes on time.

In some cases, the tax levy fee can even exceed the original tax debt, leaving the taxpayer with a significant financial burden. This is why it's essential to address the issue as soon as possible.

The IRS has the authority to place a tax levy on a bank account, which means they can freeze the account and take the funds to pay off the tax debt. This can happen without warning, leaving the taxpayer with limited access to their money.

Taxpayers who are struggling to pay their taxes may be eligible for relief programs, such as an installment agreement or an offer in compromise. These programs can help reduce the tax levy fee and make payments more manageable.

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Government Involvement

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Government involvement plays a significant role in tax levy fees on bank accounts. The government can initiate a tax levy on your bank account if you owe back taxes to the IRS.

The IRS can freeze your bank account if you have an outstanding tax debt, as seen in the case of John, who was unable to access his account until he paid his tax debt. A tax levy can be issued on your bank account if the IRS has a valid lien against you.

The government can seize up to 100% of your bank account balance if you owe a significant amount of back taxes, as in the case of Jane, who had her entire account balance seized due to an unpaid tax debt. This can be a stressful and overwhelming experience.

You can try to negotiate with the IRS to reduce or settle your tax debt, which may help avoid a tax levy on your bank account. However, this should be done with the help of a tax professional or financial advisor.

Your Account and Levy

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The IRS can seize the money in your bank account if you owe back taxes, but they'll send you multiple notices before doing so.

These notices will give you a chance to resolve the issue with the IRS before they move on to levying your account. You'll have a 30-day window to respond after receiving the Final Notice of Intent to Levy and Notice of Your Right to A Hearing.

If the IRS locates your account, they'll contact your bank and request that they freeze your funds for 21 days. This temporary hold doesn't remove any money from your account, but it prohibits you from accessing it.

The IRS can freeze your entire account balance up to the amount you owe in taxes. If you have other exempt funds in your account, such as certain pension payments or disability payments, the IRS must release the levy on those funds.

To stop the levy, you can prove immediate financial hardship or find an error in the bank levy process. You can also pay the tax in full in another way, such as with a credit card, to release the levy.

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Here are some possible scenarios if your account is levied:

  • You may not be notified that the levy is in progress.
  • Your bank may charge you a fee to process the levy.
  • The freeze will be in place for 21 days, or until the debt is paid or the levy is lifted.
  • A levy can be used more than once, even on the same account.

If you're facing a bank levy, it's essential to act quickly to resolve the issue with the IRS. You can set up an installment agreement or qualify for another type of IRS payment option to avoid a bank levy.

Disputing and Removing a Levy

You may be able to dispute a bank account levy if you know what to do. If the lender has followed the proper procedure, you should have an opportunity to dispute the levy.

You typically have a short time to act, usually 10 days, after receiving notice of the levy. You can raise defenses and exemptions during this time. Even if you don't receive notice, you'll likely learn about the levy when you try to withdraw funds and find they're frozen.

Some common defenses to use against a bank levy include errors in the judgment, identity theft or an invalid debt, lack of notice, and the statute of limitations. Here are some examples of defenses to consider:

  • Errors in the judgment: Ensure you actually owe the money, that the amount is correct, and that all accounts are properly listed on the writ of execution.
  • Identity theft or an invalid debt: Make sure the debt is yours and that you actually owe it.
  • Lack of notice: If you’re not given the required notices, it may be possible to lift the levy.
  • The statute of limitations: Lenders are generally required to collect on a judgment within a certain time, often 4–10 years.

Dispute

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You can dispute a bank account levy if you know what to do. If the lender has followed the proper procedure, you should have an opportunity to dispute the levy.

You typically have 10 days to act after receiving notice, but notice isn't always required. You can raise defenses and exemptions during this time.

Consider your defenses, such as errors in the judgment or identity theft. Make sure the debt is yours and that you actually owe it.

If you're not given the required notices, it may be possible to lift the levy. The creditor may be able to repeat the process and give you the required notice, but this will still give you more time to prepare other defenses.

The statute of limitations is another defense you can use. Lenders are generally required to collect on a judgment within 4-10 years, but you usually need to raise this as a defense if they've sued you.

Here are some common defenses you can use against a bank levy:

  • Errors in the judgment
  • Identity theft or an invalid debt
  • Lack of notice
  • The statute of limitations

Defenses Against

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Disputing a levy can be a stressful experience, but understanding your defenses can help you protect your funds. You can dispute a bank account levy if the lender has followed the proper procedure, giving you an opportunity to raise defenses and exemptions.

To dispute a levy, you typically have a short time to act – usually 10 days – after receiving notice. However, not all lenders are required to give you notice, so you may not always receive a warning.

If you're disputing a levy, ensure you actually owe the money, that the amount is correct, and that all accounts are properly listed on the writ of execution. Errors in the judgment can be a valid defense.

Identity theft or an invalid debt can also be a defense against a levy. Make sure the debt is yours and that you actually owe it.

Not receiving required notices can also be a valid defense. If you're not given the necessary notices, it may be possible to lift the levy. However, the creditor may be able to repeat the process and give you the required notice, but this will still give you more time to prepare other defenses.

Credit: youtube.com, Former IRS Agent Reveals How To Get a IRS Bank Levy Released Immediately, IRS Form 668a,Get Release

The statute of limitations is another defense you can use. Lenders are generally required to collect on a judgment within a certain time, often 4–10 years. If they don't, they're out of luck, but you usually need to raise this as a defense if they've sued you.

Here are some common defenses against a levy:

  • Errors in the judgment
  • Identity theft or an invalid debt
  • Lack of notice
  • The statute of limitations

Exemptions and Protections

Some funds in your bank account are protected from being levied. Child support payments you've received are exempt.

You may also have protection for federal payments and benefits, including Social Security benefits, Supplemental Security Income (SSI) benefits, federal employee pensions, and veteran's benefits. However, if the federal government initiated the levy, you may lose this protection.

Unemployment compensation benefits are also protected, but exceptions apply, such as past-due child support.

Some states protect a minimum amount in your bank account, so it's worth checking your state's laws to see how this applies to you.

You can provide information about exempt income to the bank or the court, which can help protect your funds.

Setting up an account solely for exempt income can be helpful, as it keeps these funds separate from other money in your account.

Angelo Douglas

Lead Writer

Angelo Douglas is a seasoned writer with a passion for creating informative and engaging content. With a keen eye for detail and a knack for simplifying complex topics, Angelo has established himself as a trusted voice in the world of finance. Angelo's writing portfolio spans a range of topics, including mutual funds and mutual fund costs and fees.

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