Wage Garnishment As An IRS Tax Collection Method
When the IRS determines that you have not paid taxes that you owed, one form of collection the agency may use to get those funds is to garnish part of your wages. If this has happened to you or if you have received any communication from the IRS indicating that your taxes are past due, contact a knowledgeable tax lawyer. Bomar Law Firm, LLC, is led by a former IRS Office of Chief Counsel attorney, which gives our clients a head start in defense or mitigation when wage garnishment is an issue.
How Does It Work?
The amount seized from your paycheck through this type of IRS levy may depend on factors such as:
- Your filing and tax collectible status (single, joint or head of household and collectible or currently not collectible)
- The pay period included in your check (one week, two weeks or a month’s wages, for example)
- The number of your dependents
Before garnishing your wages, the IRS should send you notifications, including:
- A notice and demand
- A notice of intent to levy
- A notice of your right to a “collection due process” hearing
If you fail to respond or resolve the demand, wage garnishment is possible. The IRS may continue garnishing your wages until:
- You make payment arrangements, or
- You pay the full amount due, or
- You prove that the levy was in error or otherwise convince the IRS to release the levy
When To Contact A Lawyer
If you have received a notice threatening wage garnishment, contact a tax law attorney immediately. You have limited time available to respond before losing control of your usual income.
If your wages have already been garnished, the sooner you contact an attorney, the more options there will be for a favorable outcome. If the garnishment was in error, a skilled lawyer can help you recover lost funds.