07 Jun 19 Audra Walter
If you don’t, the IRS is put in a position where it has to. If you think about it, this is really their only choice. If taxpayers don’t come forward, then the IRS has to step in. If you don’t file your tax return, they file one for you. If you don’t want to pay, or can’t pay, they can levy your bank account or garnish your wages. Worse, if you own a business, they can send Accounts Receivable levies to everyone you do business with.
The process is part of the punishment, but also holds keys to help you avoid a levy. To start, the IRS will issue something called a Notice of Intent to Levy, also known as Letter 1058 or LT-11. If you’re ever unsure if what you received is actually a Notice of Intent to Levy, a handy tip is to check the bottom right hand corner of the front page of the letter and look for the numbers “1058” or “LT-11”.
In this post, we will go over IRS notices of intent to levy in detail. We will cover what these notices mean, the different types of notices which can be issued, the types of property which can be seized, and so forth. Just as with IRS tax settlements, IRS notices of intent to levy can get a bit complex. There’s a fair amount of information to take in. If you do happen to receive a notice of intent to levy from the IRS, it’s strongly recommended that you reach out to a qualified tax professional for advice. Boxelder Consulting has licensed, experienced professionals that will pick up the phone right away when you call us at 303-317-6111. We can assist you in preventing the seizure of your assets, buying you time or putting together a game plan to fix your tax problems permanently. We believe in second chances. Start your comeback story today.
What Do These Notices Mean?
Simply put, a Notice of Intent to Levy means that the IRS is letting you know that you have tax debt and that the IRS will begin seizing your assets if this debt is left unpaid. The IRS cannot take your property to satisfy your past due taxes unless it gives you prior notice. One word of caution on this point – the IRS is not responsible for tracking you down. They will mail this notice to the last address you provided, either through a tax return or a change of address form. If you haven’t filed in a few years and have moved around, be careful, what you don’t know can hurt you.
In short, the IRS has to do 3 things at least 30 days prior to taking your property:
- Give you written notice of the intent to levy with an explanation of the appeal process
- Give an explanation which details the reason for the levy, how your property may be seized and your options to deal with the levy
- Deliver the notice and additional information to you directly or through the mail
In very rare cases, the IRS can begin the seizure of property process without completing these 3 steps. But those cases make up only a small minority. We won’t go into detail on that in this post, but may cover it later. If your property has already been seized, or if you think this applies to you, call Boxelder Consulting right away at 303-317-6111 because you have limited time to act.
Types of Notices
The IRS can send out a bunch of different types of notices. The type of notice usually reflects the type of property which the IRS will attempt to seize. Here are a few of the most common types of IRS notices:
- CP 504
- CP 90
- CP 297
- LT 1058
- LT 11
Again, certain notices are used for certain types of property. As an example, under notice CP 504, (the standard IRS “nasty gram”) the IRS is giving you notice that one of the ways it intends to intercept and seize your state tax refund to satisfy back tax debt. This notice also lets you know that, if your state tax refund doesn’t cover your IRS debt, the IRS may take further action and seize additional assets to settle the balance. You can usually find the type of noticed listed in the top right-hand corner of the first page of the letter. (If you’re curious, CP stands for “computer paragraph” which refers to an automatically generated notice from the IRS main frames; as opposed to correspondence generated from IRS personnel such as a letter from a Revenue Officer.)
Property Subject to Seizure
If you do happen to be served with an intent to levy notice, you will probably wonder: what types of property may be seized by the IRS? Seeing those three little letters in the top left-hand corner of the envelope is enough to send anyone into a tailspin. If they’re accompanied by giant, threatening font – even worse. The bad news is that the IRS can take many, many different kinds of property from you to satisfy your debt. Here’s a quick (but incomplete) list to give you a sense of what property may be subject to seizure:
- Money in your personal bank account
- Money in your business bank account
- Social security benefits
- Wages (your employer will get a notice)
- Retirement benefits
- Payments due to you from vendors you do business with
Again, to give you an idea of the power of the federal government to collect taxes, this is an incomplete list. The IRS can seize other types of property if they need to. Unfortunately for taxpayers, the IRS is only required to leave taxpayers with very little in their pockets when they attempt to settle debts. Details on this topic an be found in IRS Publication 1494. The IRS is required to leave taxpayers with the bare necessities to maintain themselves, but almost nothing beyond this.
What You Should Do
If you receive a Notice of Intent to Levy, you have a few options to choose from to take care of this problem. One thing you can do is pay your balance in full. In almost ten years of specializing in IRS Collections defense, I’ve never seen them turn down a check. If you pay in full, the IRS will cease any efforts to seize property from you. Of course, this option may not be available to all taxpayers.
If you’re not able to pay in full, you can still take action to avoid any property seizures. There are a host of resolution options available to you, but if there is one piece of advice you take from this post, it’s that you have a limited time frame with which to act decisively. The IRS has to give you 30 days from the date of the notice, as noted earlier, but whether or not you’re inside or outside of that 30 day time frame, contact Boxelder Consulting right away so we can talk about your options.
Be Sure to Contact Us
No matter what route you choose to take, the one thing you should not do is ignore the notice. Ignoring or avoiding the notice will always end up leading to negative consequences. See my “#1 Mistake” video on our YouTube channel for more details. You may end up having property taken from you even though you had the means to stop the levy. If you take action, you can remove the levy, deal with your debt and then begin to rebuild your financial future. If you receive this kind of notice, an easy step is to contact an experienced tax professional. We eat, sleep and breathe IRS Collections or any other tax related issue. The licensed professionals at Boxelder Consulting have a great amount of experience dealing with IRS notices and would be happy to assist you if you need help. Our tax specialists can help you navigate the process of removing the levy and setting terms straight with the IRS. Call us at 303-317-6111. We believe in second chances. Start your comeback story today.