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How to Release an IRS Tax Levy
Tax ResolutionJul 6, 20264 min read

How to Release an IRS Tax Levy

Learn how to release an IRS tax levy on your bank account or wages, including your rights, the release process, and how to prevent future levies.

Introduction

An IRS tax levy is one of the most aggressive collection actions the IRS can take. A levy allows the IRS to legally seize your property, including bank accounts, wages, vehicles, and real estate, to satisfy unpaid tax debt. When a bank levy is issued, your bank account is frozen, and funds are sent to the IRS after 21 days. A wage levy directs your employer to withhold a portion of your paycheck and send it directly to the IRS.

This guide explains what to do if the IRS levies your bank account or wages, the requirements for releasing a levy, and how to prevent future levies. Understanding your rights and the steps to take can help you regain control of your finances and stop the levy as quickly as possible.

If your bank account is levied, the IRS sends a no

If your bank account is levied, the IRS sends a notice to your bank, which then freezes the funds up to the amount of your tax debt (plus any subsequent deposits). The bank holds the funds for 21 days before sending them to the IRS. During this 21-day period, you have the opportunity to take action to release the levy. Common grounds for release include paying the debt in full, entering into an installment agreement, demonstrating that the levy creates an economic hardship, or showing that the statute of limitations for collection has expired.

To release a bank levy quickly, you must contact the IRS and provide documentation supporting one of the release grounds. The most effective approach is to enter into a payment arrangement or demonstrate that the levy prevents you from meeting basic living expenses. If the IRS agrees to release the levy, they send a levy release notice to your bank, and the bank must release the funds. However, if the 21-day holding period has already passed and the funds have been sent to the IRS, you must file a claim for refund to recover the levied funds.

An IRS wage garnishment (also called a wage levy)

An IRS wage garnishment (also called a wage levy) directs your employer to withhold a portion of your wages and send them to the IRS. The amount withheld is based on your filing status and the number of exemptions you claim. The IRS calculates the exempt amount using standard withholding tables, ensuring you retain enough to cover basic living expenses. However, the garnishment continues until the tax debt is paid in full or the levy is released.

To stop a wage garnishment, you can request a release by entering into an installment agreement, demonstrating economic hardship, or showing that the levy was improperly issued. The IRS may also release a wage levy if you qualify for currently not collectible status. Filing an appeal through a Collection Due Process hearing can also stop the garnishment while your case is being reviewed. It is important to act quickly, as wage garnishments can continue for years if not addressed.

The IRS must release a levy if: the tax liability

The IRS must release a levy if: the tax liability is paid or becomes unenforceable, the levy is creating an economic hardship (preventing you from meeting basic living expenses), releasing the levy would help you pay the tax (e.g., by allowing you to access funds to make a payment), or the IRS determines that the levy was premature or improperly issued. You can request a levy release by calling the IRS at the phone number on the levy notice or by submitting a written request explaining your circumstances.

To prevent future levies, resolve the underlying tax debt through an installment agreement, offer in compromise, or currently not collectible status. Stay current on all future tax filings and payments, as the IRS will revoke collection alternatives if you fall out of compliance. Consider establishing a direct debit installment agreement to ensure payments are made automatically on time. Working with a tax professional can help you navigate the levy release process and establish a long-term resolution strategy.

Key Takeaways

  • A bank levy freezes your account for 21 days before funds are sent to the IRS; act quickly during this window to request release.
  • Wage garnishment withholds a portion of your paycheck based on IRS withholding tables and continues until the debt is paid or the levy is released.
  • Levy release grounds include full payment, installment agreement, economic hardship, improper issuance, or expired collection statute.
  • Request levy release by calling the IRS or submitting a written request with supporting documentation.
  • Prevent future levies by resolving the underlying debt through an installment agreement, OIC, or CNC status, and staying compliant going forward.
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