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Getting an IRS levy released will make you love your tax attorney. A bank levy, accounts receivable levy and wage levy (garnishment) are very aggressive actions the IRS will take to collect a back tax liability.
How do I get an IRS Levy released?
Option #1: Prove Undue Hardship to get an IRS Levy released.
To get an IRS levy released by proving hardship you will need to provide substantial and convincing proof that the IRS levy IS causing an undue hardship. They will require past due and/or eviction notices before releasing an IRS levy. If you own a business under IRS levy you may be able to get the IRS levy released by showing an undue hardship to your employees.
Option #2: Enter into Formal Resolution for back tax liability to get an IRS Levy released
The IRS will issue a release of the IRS tax levy once a resolution is in place and sometimes when it is proposed. The minimum qualifications for a resolution of an IRS back tax liability and an IRS Levy Release require you to be current with current tax payments, all tax returns are filed and you qualify for the resolution you’re proposing to your IRS back tax liability. If so then your IRS Levy should be released.
Please visit: OIC, IRS Payment Plan.
Option #3: Negotiate a Release of IRS levy
If you have a local IRS revenue collections officer you may be able to negotiate a release of IRS levy by providing what they’re requesting and establishing a plan for resolution of the outstanding back tax liability. Most IRS collections officers working at collection call centers do not have the authority to release an IRS levy on a “promise”.
Option #4: Formal Appeals and Taxpayer Advocate Requests to get IRS levy released
There are two appeals available that if timely filed will prevent or delay and IRS levy but that sometimes will result in an IRS levy release, the Collection Appeal Request and the Collection Due Process Request. Most Taxpayers will need an experienced Tax Attorney to file and negotiate these appeals. You can also file a Taxpayer Advocates Assistance Request which will put you in touch with a liaison to the IRS, but they do not have the authority to release an IRS levy.
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