William Kunofsky

William Kunofsky

Wednesday, June 8, 2011

Checks are bouncing because the IRS has levied your bank account.

The IRS has the power under law to collect taxes that are owed to the IRS. Imagine that you just had your paycheck deposited in your bank account and wrote checks for this months expenses. Usually the notice of levy is only for one day. Bank deposits made after that day are normally not subject to levy. The bank does not send the balance to the IRS immediately. The bank takes the funds out of your account and holds the funds for 21 days. The funds are then forwarded to the IRS. You can sometimes get the IRS to release the account balance by trying to enter into an installment agreement. The installment agreement can be negotiated so that regularly payments are deducted from your bank account and automatically paid to the IRS. You can file bankruptcy prior to the release of the money by the bank. If you have had defaulted previous installment agreements or have not filed all returns athe IRS will most likely refuse to release the balance.
 They can continue to levy other sources such as other bank accounts or your wages if an agreement can not be reached. Usually, the IRS will make an agreement if you can file all of the returns that are late and make estimated tax payments. However, non-compliance can cause the IRS not to work with you.
There are other methods within the IRS that may get you relief from the levy. These include requests for collection due  process hearings and appeals. You can not force the IRS to release the funds by getting a court ordered injunction against future collection. However, filing bankruptcy may allow you to stop the IRS levying.
Levies cause hardship. The IRS is aware that they can cause irreparable harm in collecting tax.
Many of my clients search for me when they are levied. Have you been levied?

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