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Levies and collection of tax debt

There are a number of ways the IRS can collect back taxes from Michigan residents. Methods to collect tax debt can include property seizure known as a levy. IRS agents can also take legal action to secure payment (known as a lien).

An understanding of these processes can prove beneficial for taxpayers. Though the Internal Revenue Code (IRC) allows for the IRS to collect delinquent debts through use of a levy, the agency can only use this tool in certain circumstances.

Requirements in issuing a levy

Before implementing a levy, the IRS must meet three requirements:

  • The IRS needs to assess tax liability and notify the taxpayer of their obligation.
  • The IRS must show the taxpayer failed to pay the tax.
  • The IRS must notify the taxpayer by sending out a Final Notice of Intent to Levy and Notice of Your Right to A Hearing. Tax officials needs to be send such a notice 30 days prior to any levy.

Actions to take in preventing a levy

A taxpayer can decrease the chances of a levy by making alternate arrangements with the IRS to resolve this matter. For example, attorneys often help taxpayers resolve tax issues through the use of an Offer in Compromise or through some sort of installment agreement.

But it is important to take prompt action to prevent seizure of property or assets from occurring to begin with. The IRS is taking significant action when placing a levy on your property. The resulting seizure of assets may mean there will be a significant garnishment of wages or belongings that you hold dear. It can in some instances even result in the closing of one’s business.

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