State Tax Wage Garnishment
The state or Federal government can take part and in some instances ALL of your paycheck in an effort to collect back taxes. A state IRS wage garnishment or a tax garnishment normally happens as a last resort. Once your employer has been ordered to garnish your earnings they have to do and are liable for payment.
If you suspect that an IRS wage garnishment might be imposed on you in future, then you need to contact an experienced and competent former IRS tax lawyer in your corner ready to defend your rights and safeguard your assets and paycheck.
U.S. Federal Tax Rules
Under the U.S. federal tax statutes, a garnishment by the IRS is a form of an administrative levy. Their other option is a bank levy, where your bank account funds are frozen and seized. In case of an administrative or an IRS bank levy, no court order is needed. The IRS can file a tax lien as an act of last resort to collect past due taxes and debt.
The needs that must be met before a wage garnishment begins are:
- The IRS must have evaluated the tax and must have sent a written demand and Notice and for Payment;
- The taxpayer must have abandoned to pay in full or set up payment for, or have outright refused to pay the tax within the time prescribed in the notice; and,
- The IRS must have sent a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy. (They may serve the Final Notice in person, may leave the notice at the taxpayer’s home or usual place of business, or may send it to the last known address by certified or registered mail.) The IRS is required to send the Final Notice to the last address known to the agency.
IT is important to Note that the taxpayer is not required to actually get the notice for the notice to be effective. Several taxpayers don’t actually get the final notice. Those taxpayers might not recognize that they are in risk of receiving a levy until their wages are really garnished.
There is a limited window period when a wage garnishment can be blocked prior to being effective. If you have gotten a final notice from the IRS, contact us now so that we can act on your behalf. We provide free and confidential consultations on what options are available for you and we will help determine the most suitable way of solving your debt, given your situation. We will also work with the revenue officers and the IRS to stop wage garnishment, clear up your delinquent account and make sure that inappropriate collection actions are avoided.
Call us now for a free and confidential consultation with one of our competent IRS Tax Attorneys at 310-883-7930 or toll free at 1-888-868-1616.
LA Tax Law is a team of competent former IRS lawyers headed by Mouris Behboud, an ex- IRS Attorney who represented the government for over eight years. Mouris knows what the IRS looks for and is a confident negotiator who will fight hard to reach a swift resolution for your personal IRS tax issue.