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IRS Seizure of Assets
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Seizure

IRS tax problems such as IRS tax levy seizure can wreck your life.

You have only 30 days from the date of the notice to pay your taxes in full or to find another solution. Ignoring a tax notice and doing nothing will make your circumstances worse. 

When the 30 days have passed, the IRS does not have to give you any more notice. They can seize everything you own, your home, checking accounts, savings accounts, cars, boats, jewelry, motorcycles, insurance policies retirement funds, business property and anything of value.  

They can sell your assets at auction.

Most likely, you got into this dire situation by failing to communicate with the IRS. To get you out of this, I will immediately open a dialogue with the IRS.

I am here to help you resolve your tax problems and stop the IRS from ruining your life. I am proud of being very efficient and affordable. Your IRS problems will not just go away you must take action. 

Contact me immediately before the IRS takes everything. Don't let IRS tax problems become disasters. Avoid an IRS tax levy seizure.

Even though your situation may be very, very serious, it is not too late to get help. I can stop IRS tax seizures. I can negotiate with the IRS to settle your debt in a much more reasonable and beneficial manner.

 


IRS Tax Problems   

An IRS levy is a legal seizure of your property to satisfy a tax debt. Levies are different from liens. A lien is a claim used as security for the tax debt, while a levy actually takes the property to satisfy the tax debt.

If you do not pay your taxes (or make arrangements to settle your debt), the IRS may seize and sell any type of real or personal property that you own or have an interest in. For instance,

  • The IRS could seize and sell property that you hold (such as your car, boat, or house), or

  • The IRS could levy property that is yours but is held by someone else (such as your wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions).

The IRS usually levies only after these three requirements are met:

  • The IRS assessed the tax and sent you a Notice and Demand for Payment;

  • You neglected or refused to pay the tax; and

  • The IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy. The IRS may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested. Please note: if the IRS levies your state tax refund, you may receive a Notice of Levy on Your State Tax Refund, Notice of Your Right to Hearing after the levy.

You may ask an IRS manager to review your case, or you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a Collection Due Process hearing with the IRS office listed on your notice. You must file your request within 30 days of the date on your notice. Some of the issues you may discuss include:

  • You paid all you owed before the IRS sent the levy notice,

  • The IRS assessed the tax and sent the levy notice when you were in bankruptcy, and subject to the automatic stay during bankruptcy,

  • The IRS made a procedural error in an assessment,

  • The time to collect the tax (called the statute of limitations) expired before the IRS sent the levy notice,

  • You did not have an opportunity to dispute the assessed liability,

  • You wish to discuss the collection options, or

  • You wish to make a spousal defense.

At the conclusion of your hearing, the Office of Appeals will issue a determination. You will have 30 days after the determination date to bring a suit to contest the determination.  

Releasing Levies and Levied Properties  

Releasing an IRS levy

The IRS must release your levy if any of the following occur:

  • You pay the tax, penalty, and interest you owe.

  • The IRS discovers that the time for collection (the statute of limitations) ended before the levy was served.

  • You provide documentation proving that releasing the levy will help us collect the tax.

  • You have an installment agreement, or enter into one, unless the agreement says the levy does not have to be released.

  • The IRS determines that the levy is creating a significant economic hardship for you.

  • The expense of selling the property would be greater than the fair market value of the property.

Releasing your property

Before the sale date, the IRS may release the property if:

  • You pay the amount of the government's interest in the property,

  • You enter into an escrow arrangement,

  • You furnish an acceptable bond,

  • You make an acceptable agreement for paying the tax, or

  • The expense of selling your property would be greater than the fair market value of the property.

Returning levied property

The IRS can consider returning levied property if:

  • The IRS levies before the IRS sends you the two required notices, or before your time for responding to them has passed (10 days for the Notice and Demand; 30 days for the Notice of Intent to Levy and the Notice of Right to a Hearing).

  • The IRS did not follow our own procedures. 

  • The IRS agrees to let you pay in installments, but the IRS still levies, and the agreement does not say that the IRS can do so.

  • Returning the property will help you pay your taxes. 

  • Returning the property is in yours and the government's best interest.

Selling Your Property 

The IRS will post a public notice of a pending sale, usually in local newspapers or flyers. The IRS will deliver the original notice of sale to you, or send it to you by certified mail.

After placing the notice, the IRS must wait at least ten days before conducting the sale, unless the property is perishable, and must be sold immediately.

Before the sale, the IRS will compute a minimum bid price. This bid is usually 80% or more of the forced sale value of the property, after subtracting any liens.

If you disagree with this price, you can appeal it; and ask that either an IRS or private appraiser compute the price again.

You may also ask that the IRS sell the seized property within 60 days. For information about how to do so, call the IRS employee who made the seizure. The IRS will grant your request, unless it is in the government's best interest to keep the property. The IRS will send you a letter telling you of our decision about your request. After the sale, the IRS first uses the proceeds to pay the expenses of the levy and sale. Then the IRS uses any remaining amount to pay the tax bill.

  • If the proceeds of the sale are less than the total of the tax bill and the expenses of levy and sale, you will still have to pay the unpaid tax.

  • If the proceeds of the sale are more than the total of the tax bill and the expenses of the levy and sale, the IRS will notify you about the surplus money and will tell you how to ask for a refund. However, if someone, such as a mortgagee or other lienholder, makes a claim that is superior to yours, the IRS will pay that claim before the IRS refund any money to you.

 IRS Offer in Compromise  

You may apply for an IRS Offer in Compromise.
The Internal Revenue Service (IRS) may accept an Offer in
Compromise to settle unpaid tax accounts for less than the
full amount of the balance due. This applies to all taxes,
including any interest, penalties, or additional amounts
arising under the internal revenue laws.

To be considered for an IRS Offer in Compromise: 

  • You must file all of your returns
    that are due and,

  • if applicable, be current with all Federal
    Tax Deposits for the last two quarters.

    The IRS may legally compromise a tax liability for
    one of the following reasons:

  • Doubt as to liability - there is doubt as to
    whether or not the assessed tax is correct,

  • Doubt as to collectibility - there is doubt
    that you could ever pay the full amount of the tax
    owed. In these cases, the total amount you owe
    must be greater than the sum of your assets and
    future income, or

  • Promote effective tax administration -
    there is no doubt that the assessed tax is correct
    and no doubt that the amount owed could be
    collected, but you have an economic hardship or
    other special circumstances which may allow the
    IRS to accept less than the total balance due.

After acceptance of an offer, you must remain current
with filing and paying requirements for five years

Stop IRS tax problems now. 

For help with IRS tax levy seizure, call  (941) 723-9106.


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