Posts Tagged ‘bank levies’

If I’ve Accurately Filed My Taxes Can I Get Sent to Jail?

Monday, September 5th, 2011

Question:  If  I’ve Accurately Filed My Taxes Can I Get Sent to Jail?

Answer: If You’ve Accurately Filed Your Taxes You Cannot Get Sent to Jail. However…

…Don’t be in a hurry to celebrate…Although jail time is arguably the worst thing that can happen, it’s not the only ‘punishment’ from the IRS that you should be wary of. By not taking action and facing your IRS debt problem, you could face any or all of the following severe consequences:

*Wage garnishment

* Seizure of your real estate

* Seizure of Social Security benefits

* Seizure of 401(k)’s, IRA’s

* Seizure of Cars / Boats / Houses

* Seizure of Accounts Receivable

* Seizure of Cash Loan Value of Your Life Insurance

* Seizure of Commissions Owed to You

Can the IRS reach into your bank account?

Thursday, April 7th, 2011

Imagine mailing off a check for your mortgage payment and being notified by your bank that there are “insufficient funds”. In other words, your check bounced. In bewilderment you reply, “…That can’t be right. I know I had enough money in the account to cover that check…there must be some mistake…”

The IRS has seized the money in your bank account. The bank representative on the other line says “uh…hello…are you still there?” You manage to get out ”Um…yeah…I’m still here…uh…let me call you back” “What would you like us to do about the check?” they ask. “…um…I’ll take care of it…uh…just let me call you back”, you manage to get out before you hang up quickly.

Your mind starts racing, thinking about what other checks you wrote that are now going to bounce.  What else is the IRS going to do to you? Are they going to start dipping into your paycheck, too? Will they take your house, your car,…everything?

Don’t Think It Could Happen to You? Have you developed a false sense of security? Maybe the IRS placed a lien against your property as a “warning shot across the bow”, but you haven’t responded. Sure, the tax lien can ruin your credit and make it virtually impossible to sell your house, but it doesn’t necessarily put a damper on your day-to-day finances.

Besides, the fact is – a tax lien doesn’t necessarily give the IRS what they really want…the tax money you owe them. That’s when they start getting nasty…

The IRS Can Take Your Money If You Don’t Give It to Them Voluntarily. If you’ve been notified by the IRS either over the phone or by mail that you owe them, that’s all the warning you get.

If after contact, you don’t pay them completely and voluntarily – they have the right to take every penny that you owe from them…one way or another. They don’t have to take you to court or sue you to get their money. If they’ve sent the collection notices and you’ve refused to pay or haven’t paid in full – that’s all they need to do. That’s when it can get ugly.

They can dip straight into your bank account and take your money

They can garnish your wages or salary.

They can take your social security, 401(k) or IRA’s. They can take any money owed to you – like accounts receivable or sales commissions. Plus, they can seize your property: Cars / Boats / Motorcycles/ Homes / Vacation Property / Investment Property.

They’ll do it too. Consider this… from 2005 to 2006, levies increased by 36% Just ask Christopher Gronski of Rochester, New Hampshire. As the owner of a window-washing company, he sincerely does not believe that the IRS has the right to tax him.  But they still levied his bank account and took his money.

Don’t Let This Be You It’s Not Too Late – Yet. If you’ve already been contacted by the IRS, time is wasting. The countdown has begun and when the count is up…they’ll come for your money. You need serious help – it’s time to contact a professional.

Garnishments, Liens, or Seizures – Which Happens the Most?

Thursday, March 3rd, 2011

Can you guess what has become the drastic “collection method of choice” for the IRS in recent years? Is it garnishments, liens, or seizures?

A garnishment is a form of levy that is a legal seizure of your wages, salary, or federal payments to satisfy a tax debt.  A lien is a claim on personal property used as security for the tax debt.  A seizure is a claim of your personal property to satisfy the tax debt that may result in the property being sold at auction.

 So do you have an idea which of these methods is the IRS’ “weapon of choice”?  If you guess “garnishment” you’re absolutely right.  A garnishment is basically a levy on property that is yours but is held by someone else, such as wages, retirement accounts, dividends, bank accounts, licenses, rental income, accounts receivables, the cash loan value of your life insurance, or commissions.

 Tapping Into Your Paycheck – It’s Easy Money for the IRS. Think about it.  A lien on your property can certainly make life hard on you by destroying your credit and making it virtually impossible to sell your house – but it doesn’t necessarily get the IRS what they want…your money.

 A lien is a coercion tactic more than a direct ploy to get what they’re really after – your cold, hard cash . A seizure of your property gives them just that – property…but not necessarily money.  They still have to go through the trouble and the cost of selling your belongings in an auction to extract money out of your belongings.

The IRS realizes that the one way it can virtually guarantee to get their money is to place a form of levy on your future income – a garnishment. This is a “safe bet” for the IRS, since they know that you will always need to earn money to survive in the future.

3 Steps Before Wage Garnishment Goes Into Effect. There are specific steps that the IRS must go through before a wage garnishment goes into place:1) The IRS must assess your tax and notify you that there is a deficiency by sending you a “Notice and Demand for Payment”.

2) You neglect or refuse to pay the tax. 3) The IRS sends you a “Final Notice of Intent to Levy and Notice of Your Right to A Hearing” (levy notice) at least 30 days before the levy.

Once you receive your “Notice and Demand for Payment” or worse…the “Final Notice of Intent to Levy and Notice of Your Right to A Hearing” – it’s time to take action.

What Happens If You File Taxes—But Don’t Get Around To Paying Them

Wednesday, June 23rd, 2010

Back taxes are simply taxes that you owe that you didn’t pay when they were due.

If you’ve underpaid taxes for any reason, the balance that you owe is considered back tax.

If you fail to report taxable income (intentionally or unintentionally, it doesn’t matter) – as the IRS sees it – you still owe them money in the form of a back tax.

Some people don’t have the money when the tax bill comes around, so they just don’t pay.  They may plan on paying the money when they’re able…but that time never seems to come around.

If nothing seems to happen or they don’t get ‘caught’, some people start believing that they’ve somehow slipped under the radar of the IRS and that they’re getting away with it.  They’re not.  In fact it, might take years for the IRS to come after you, but they will eventually.

You will know  if your back tax problem is serious if  the IRS sends you  a Notice and Demand for Payment.  At this point, you pay the tax, or you don’t.

If you don’t pay, at least 30 days before the first levy, you’ll be sent a Final Notice of Intent to Levy and Notice of Your Right to a Hearing.

If you receive the Final Notice of Intent to Levy and Notice of your right to a hearing, then you know you’ve got big problems.  Because that means in 30 days, the IRS will start helping itself to the money in your bank account.  If you’ve received a Final Notice of Intent to Levy, you need to take action immediately.

If this happens, there’s absolutely no time to waste. You must get help. There are a number of solutions that can keep the IRS from dipping into your bank account:

* You may have some deductions coming to you that you didn’t claim

* The IRS may have miscalculated your tax

* I may be able to negotiate a legal extension to the process

* The IRS may reduce your debt through an Offer in Compromise

* You Could Set up a monthly installment agreement plan

* You Could Set up a partial installment agreement (where you pay less than the total amount owed)

* You may declare bankruptcy, depending on your situation

Why You Shouldn’t Be Comfortable With ‘Just a Tax Lien’

Tuesday, April 27th, 2010

Have you developed a false sense of security?

Maybe the IRS placed a lien against your property as a “warning shot across the bow”, but you haven’t responded.

Sure, the tax lien can ruin your credit and make it virtually impossible to sell your house, but it doesn’t necessarily put a damper on your day-to-day finances.

Besides, the fact is – a tax lien doesn’t necessarily give the IRS what they really want…the tax money you owe them.

That’s when they start getting nasty…If you’ve been notified by the IRS either over the phone or by mail that you owe them, that’s all the warning you get.

The IRS can take your money if you don’t give it to them voluntarily.

If after contact, you don’t pay them completely and voluntarily – they have the right to take every penny that you owe from them…one way or another.

They don’t have to take you to court or sue you to get their money. If they’ve sent the collection notices and you’ve refused to pay or haven’t paid in full – that’s all they need to do.

That’s when it can get ugly:

* They can dip straight into your bank account and take your money

* They can garnish your wages or salary

* They can take your social security, 401(k) or IRA’s

* They can take any money owed to you – like accounts receivable or sales commissions

Plus, they can seize your property:

* Cars / Boats / Motorcycles

* Homes / Vacation Property / Investment Property

They’ll do it too. Consider this… from 2005 to 2006, levies increased by 36%.

Just ask Christopher Gronski of Rochester, New Hampshire.  As the owner of a window-washing company, he sincerely does not believe that the IRS has the right to tax him.

But they still levied his bank account and took his money.

What You Never Want To Have In Common With Will Smith

Monday, March 15th, 2010

In 2006, Will Smith starred in a movie called “The Pursuit of Happyness” – a true story about Chris Gardner, a man with a 5-year old son who ends up homeless on the streets of San Francisco.

Smith was nominated for an Academy Award and a Golden Globe Award for his part in this inspiring film, which tells with an unblinking eye the real-life story of a man’s struggle with a string of back luck coupled with questionable decisions.

One of the most poignant moments in the film is when Gardner (played by Smith), after being evicted from his apartment, finally sells one of the expensive pieces of medical equipment for which he and his former girlfriend had spent their life savings.

This breakthrough sale allows him to continue to pay for the hotel room where he and his son had been living…or so he thought. His joy quickly turns to horror as he realizes that the IRS has levied his bank account to satisfy a tax debt from the previous year.

As Smith’s character scrambles to call the IRS from a pay phone, he exclaims incredulously “You Can’t Do That!” Those are words that I hope you never have to say to the IRS.

You can hear the utter disbelief in his voice that any government agency could actually “hijack” a person’s bank account and take their money at will.

But that’s exactly what the IRS has the power to do – legally…

According to the IRS website,

“We usually levy only after these three requirements are met:

  • We assessed the tax and sent you a Notice and Demand for Payment;
  • You neglected or refused to pay the tax; and
  • We sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (levy notice) at least 30 days before the levy. We may give you this notice in person, leave it at your home or your usual place of business, or send it to your last known address by certified or registered mail, return receipt requested.”

The last thing you want to do is just sit there “frozen”, not knowing what to do once you receive a “Notice and Demand for Payment” or worse, a “Final Notice of Intent to Levy and Notice of Your Right to A Hearing”. If you’ve received either of these notices, the clock is ticking.