Summary. What the system does, what it can be asked to do instead, and how to ask.
The two things people get wrong at the start
First: they think the problem is the money. Usually it is not. The problem is the process — a return that was never filed, a notice that was never opened, a deadline for a hearing that quietly expired. The balance is often negotiable. The deadlines are not.
Second: they think silence is safe. It is the opposite. The collection machinery is designed to proceed in the absence of a response, and it does. Every notice that goes unanswered moves the case one step further along a track that ends in a lien, a levy on wages, or a seized bank account.
The single most useful thing to know about tax problems is that the system contains many exits, and almost all of them require you to ask. Nothing happens automatically in your favor. But the exits are real, they are used constantly, and they work.
Unfiled returns, and the substitute return trap
Failing to file is a distinct problem from failing to pay, and it carries the larger penalty. Under 26 U.S.C. § 6651, the failure-to-file penalty accrues at a substantially higher monthly rate than the failure-to-pay penalty, up to a cap.
Which produces a rule that surprises people: if you cannot pay, file anyway. Filing without paying costs far less than not filing.
When returns stay unfiled, the IRS may prepare a substitute return from the information it has — W-2s, 1099s, brokerage statements, mortgage interest reports. And the substitute is prepared in the least favorable way possible:
- Single filing status, even if you are married filing jointly
- Standard deduction only — no itemized deductions, no mortgage interest, no charitable contributions, no state taxes
- No dependents, no credits
- Gross proceeds treated as income — a stock sale reported at $40,000 becomes $40,000 of income, with no basis, even if you paid $38,000 for the shares
- No business expenses against 1099 income
The result is a balance that is frequently several times what is actually owed. And that inflated balance is fully collectible: it supports a lien, a levy, and everything else.
The remedy is simple and underused: file the actual return. Even years later. A properly prepared original return generally replaces the substitute's assessment, and the balance drops — sometimes to zero, sometimes to a refund that is nevertheless unrecoverable because of the deadline discussed below.
How many years do you need to file? As a practical matter, the IRS generally looks for the last six years of returns to consider an account compliant for resolution purposes, though the position varies with the facts. Do not assume decades of returns must be prepared; ask first.
And "compliance" is the gate to everything. You cannot get an installment agreement, an offer in compromise, or currently-not-collectible status without being current on filing. The returns come first. Always.
What a lien is, and what it is not
A federal tax lien arises automatically under 26 U.S.C. § 6321 when a tax is assessed, a demand for payment is made, and the tax goes unpaid. It attaches to all property and rights to property — everything you own and everything you acquire while it is in force.
The lien is not the levy. The lien is a claim. The levy is the taking. People conflate them constantly, and it changes what they should do.
A Notice of Federal Tax Lien is the public filing that tells the world about the lien, establishing priority against other creditors. It is what appears in public records, what a title company finds, and what makes refinancing a house difficult.
Filing the notice triggers a hearing right under 26 U.S.C. § 6320. This is important and time-limited — see below.
Four ways to address a filed lien notice:
Release — the lien is satisfied, becomes unenforceable, or a bond is posted.
Withdrawal — the notice is removed as though it had never been filed, available on specified grounds including that withdrawal will facilitate collection or is in the best interest of both the taxpayer and the government. Withdrawal after entering a direct debit installment agreement is a real and frequently granted request that almost nobody makes.
Discharge — a specific piece of property is released from the lien, commonly to permit a sale.
Subordination — the lien stays but yields priority to another creditor, commonly to permit refinancing that will produce money to pay the tax.
The practical point: a lien is not a permanent condition. Each of these is a request that can be made, and the standards are published.
Levies: what can be taken, and what cannot
A levy under 26 U.S.C. § 6331 is the actual seizure. Wages, bank accounts, receivables, retirement accounts, state tax refunds, Social Security benefits, and physical property are all reachable, subject to exemptions.
Two mechanics matter enormously and are widely misunderstood:
A bank levy is a one-time snapshot. It captures what is in the account on the day the bank receives the levy. Money deposited the next day is not captured — a separate levy would be required. And the bank holds the funds for a statutory period before remitting them, which is the window in which the levy can be released.
A wage levy is continuous. It attaches to each paycheck until released, satisfied, or the collection period expires. This is why a wage levy is far more damaging than a bank levy and why it should be addressed within days, not weeks.
What is exempt from levy includes a defined amount of wages based on filing status and dependents (which is often shockingly low), certain unemployment and workers' compensation benefits, certain public assistance, some pension and annuity amounts, tools of a trade up to a limit, schoolbooks, and a limited amount of household goods.
And there are protections that require asking:
A levy causing economic hardship must be released. If you cannot meet basic living expenses because of the levy, that is a ground for release — and it is granted regularly.
A principal residence generally cannot be seized without court approval, a meaningful protection.
Levy is generally prohibited while certain requests are pending — an installment agreement request, an offer in compromise, and a collection due process hearing all suspend levy action while under consideration.
Which produces the single most actionable fact in this article: filing the right request stops the levy.
The two hearing rights, and the deadlines that govern them
These are the most valuable procedural rights in collection, and they are lost by inattention more than by anything else.
Collection Due Process, under 26 U.S.C. § 6330 for levies and § 6320 for lien filings.
When it arises: on the filing of a Notice of Federal Tax Lien, and on a Final Notice of Intent to Levy.
The deadline: 30 days. From the notice.
What a timely request does:
- Suspends levy action while the hearing is pending
- Suspends the collection period
- Provides a hearing before the independent Appeals function
- Permits raising collection alternatives — installment agreement, offer in compromise, currently not collectible
- Permits raising spousal defenses
- Permits challenging the underlying liability, but only if you did not previously have an opportunity to dispute it
- And produces a determination that can be petitioned to the United States Tax Court
That last point is what makes the 30-day deadline matter so much. A timely CDP request preserves judicial review. A late one does not.
Equivalent hearing. If the 30 days pass, a request within one year still gets a hearing with the same Appeals officer and largely the same discussion — but no suspension of the collection period and no Tax Court review. It is worth having. It is much less than the real thing.
The instruction that follows: open every envelope, and calendar the deadline on any notice with "Final Notice" or "Right to a Hearing" on it, the day it arrives.
The four ways out of a balance you cannot pay
Installment agreement. Pay over time. Streamlined agreements are available for balances under defined thresholds with minimal financial disclosure; larger balances require full financial statements. A direct debit agreement is worth choosing — it reduces the user fee, reduces default risk, and supports a lien withdrawal request.
Currently not collectible. The IRS determines that collection would create economic hardship and suspends active collection. The balance does not go away — penalties and interest continue, a lien may still be filed, and the account is periodically reviewed — but the levies stop. For someone on a fixed income with no assets, this is often the right answer and the collection period may run out while the account sits in this status.
Offer in compromise, under 26 U.S.C. § 7122. The IRS accepts less than the full balance. Three grounds:
- Doubt as to collectibility — the common one. The amount offered must generally equal or exceed reasonable collection potential: the realizable value of assets plus a multiple of monthly disposable income.
- Doubt as to liability — you do not actually owe it.
- Effective tax administration — you could pay, but collection would create economic hardship or would be inequitable.
The honest assessment of offers: they are heavily advertised by firms promising to settle debts "for pennies on the dollar," and most of those promises are false. But offers are accepted every year in real numbers, and the formula is published. You can compute your own reasonable collection potential before you apply and know whether an offer is realistic. If your assets and future income exceed the balance, an offer will not be accepted — and a firm telling you otherwise is selling you something.
Full payment through a loan. Sometimes borrowing at a lower rate than the combined penalty and interest is genuinely the cheapest option, particularly for someone with home equity and good credit. Compare the actual numbers.
Penalty relief is granted more often than people ask
Penalties frequently exceed a third of what is owed, and there are three routes to removing them.
First-time abatement. An administrative waiver for a taxpayer with a clean compliance history for the preceding three years, current on filing, and either paid or in an arrangement to pay. It is granted essentially on request, it applies to failure-to-file and failure-to-pay penalties, and enormous numbers of eligible taxpayers never ask.
Reasonable cause. Circumstances beyond your control that prevented compliance despite ordinary business care and prudence: serious illness, death in the immediate family, a natural disaster, destruction of records, an inability to obtain records, and in some cases reliance on a tax professional. The showing needs specifics and documents — hospital records with dates, a death certificate, a disaster declaration, correspondence with the professional.
Statutory exceptions and IRS error, where the penalty should not have applied or resulted from erroneous written advice from the IRS.
Two practical notes: ask for first-time abatement before reasonable cause, because it does not consume your reasonable-cause argument for other years. And interest is generally not abatable except where it results from IRS error or delay — so the target is penalties, and the interest that accrued on them.
Innocent spouse relief
A joint return creates joint and several liability, which means each spouse is liable for the entire balance regardless of who earned the income or caused the problem. Divorce does not change it, and a divorce decree assigning the debt to one spouse does not bind the IRS.
26 U.S.C. § 6015 provides three forms of relief:
Innocent spouse relief — for an understatement attributable to the other spouse's erroneous items, where the requesting spouse did not know and had no reason to know, and where it would be inequitable to hold them liable.
Separation of liability — allocating a deficiency between spouses who are divorced, separated, widowed, or living apart for the required period.
Equitable relief — the catch-all, available when the other forms do not apply, considering all facts and circumstances. Notably, equitable relief is the route available for an underpayment — a correctly reported liability that simply was not paid — which the other forms do not cover.
The factors that matter: marital status, economic hardship, knowledge, legal obligation under a divorce decree, significant benefit received, compliance since, health, and abuse or financial control by the other spouse, which is expressly relevant and can outweigh a knowledge finding.
Timing: deadlines apply, they differ by the type of relief sought, and they are enforced — so this is a claim to raise promptly.
The deadlines that end things
The refund deadline, under 26 U.S.C. § 6511. A refund claim must generally be filed within three years of filing the return, or two years of paying the tax, whichever is later — with a further limit on how much can be refunded.
Which produces the harshest ordinary result in tax law: a person who did not file for six years, and who was owed a refund in each of them, cannot recover the older refunds at all. The money is gone. It is not applied to other years. It simply is not paid.
This is a reason to file old returns quickly rather than eventually. Every filing season that passes closes another year permanently.
The collection deadline. The IRS generally has ten years from assessment to collect. When the period expires, the liability is extinguished and the lien becomes unenforceable.
But the period is suspended by things that happen constantly: a pending offer in compromise, a pending installment agreement request, a CDP hearing, bankruptcy, time abroad, and certain other events.
Which means the real expiration date is rarely ten years from assessment. It is a computed date, and you can request the IRS's calculation of it. Knowing that date changes the strategy entirely — if the period expires in fourteen months, an offer in compromise that suspends the period for a year may be a worse choice than currently-not-collectible status that does not.
Three cases, three different right answers
Case one: Devon Pryce, six unfiled years, a $94,000 substitute-return balance.
Devon is a freelance sound engineer. He stopped filing in 2019 after a divorce, kept working, and received 1099s the whole time. In 2024 he got a Final Notice of Intent to Levy showing $94,000.
The number is fiction. The substitute returns treated every dollar on every 1099 as pure income, gave him the standard deduction and single status, and allowed none of his equipment, studio rent, software, travel, or insurance.
What he does: requests a CDP hearing within 30 days — which stops the levy and preserves Tax Court review. Orders wage and income transcripts for all six years. Reconstructs expenses from bank statements and credit card records. Files six actual returns.
The result: the real liability across six years is about $21,000, and two of those years show refunds. But the 2019 and 2020 refunds are gone — the three-year refund window closed. That is roughly $4,300 he will never see, lost purely to delay.
He then enters a direct debit installment agreement, requests first-time abatement for the earliest penalized year, and requests lien withdrawal after three months of payments.
What it cost him to wait: $4,300 in unrecoverable refunds, five years of penalties and interest, and a period of levy anxiety that a single afternoon of filing would have prevented.
Case two: Beatriz Alarcón, $38,000 owed, fixed income, no assets.
Beatriz is 71, lives on Social Security and a small pension totaling about $2,100 a month, rents an apartment, and owns a 2011 car. The liability is from a retirement account distribution she took in 2020 to cover her late husband's medical bills, on which no tax was withheld.
An offer in compromise firm quoted her $4,500 to file an offer. She should not pay it.
What she should do instead: request currently not collectible status. She has no realizable equity, and her income does not cover her allowable living expenses. Collection stops. Penalties and interest continue to accrue, but she is not paying anything.
And here is the part that matters: the collection period on the 2020 assessment expires in 2031. If the account sits in currently-not-collectible status, the liability may expire on its own without her paying a dollar.
An offer in compromise would have suspended the collection period while it was pending, pushing the expiration later. For Beatriz, the cheap free remedy is better than the expensive advertised one.
She should also request penalty abatement, and — because the withdrawal was to pay her husband's medical expenses in the year he died — should ask whether reasonable cause applies.
Case three: Nadia Farouk, joint liability from a marriage that ended badly.
Nadia filed jointly with her ex-husband for 2018 through 2021. He ran a cash business, and the returns understated income substantially. She worked as a school nurse, signed the returns her husband's preparer handed her, and had no involvement in the business. The IRS assessed $61,000 in 2024. She and her husband divorced in 2023; the decree assigns the tax debt to him.
The decree does not bind the IRS. She is jointly and severally liable for the whole amount, and he is not paying.
Her route is 26 U.S.C. § 6015. The understatement is attributable to his items. The question is whether she knew or had reason to know — and the answer depends on facts: whether the household's lifestyle was consistent with the reported income, what she was told, whether she was permitted to see the business records, and whether there was financial control or abuse in the marriage.
Separation of liability is available because they are divorced, and it allocates the deficiency between them.
What she must do: file the request, on time, with a detailed declaration and documents — the divorce decree, evidence of her separate finances, evidence of what she was and was not permitted to know, and any documentation of controlling behavior. Her ex-husband will be notified and given an opportunity to participate; that is required by the statute and it cannot be avoided, though there are protections where abuse is alleged.
What the notices actually mean
The IRS notice system is a sequence, and each notice is a rung on a ladder. Knowing where you are on the ladder tells you how much time you have.
Early balance-due notices. A computed balance with a payment demand. These are the cheap moments to fix things. Respond, and if the number is wrong, say why in writing with documents.
Notices proposing changes to a return — typically generated when reported income does not match third-party reporting. These have a response deadline and they are frequently wrong, because they do not know your basis in securities sold, your business expenses, or income reported on a different line. Respond with the explanation and documentation; do not simply pay.
A statutory notice of deficiency — often called a "90-day letter." This is the one that matters most, because it is the ticket to Tax Court. You have 90 days (150 if addressed outside the country) to file a petition in the United States Tax Court, and filing that petition means you do not have to pay first. Missing it means the tax is assessed and your only remedy becomes paying and suing for a refund. This deadline cannot be extended by anyone, for any reason.
Notice of Federal Tax Lien filing — triggers the § 6320 hearing right. 30 days.
Final Notice of Intent to Levy and Notice of Your Right to a Hearing — triggers the § 6330 hearing right. 30 days. After that, levy may begin.
Levy notices to third parties — sent to your employer or bank. By the time you learn of it, the levy is in effect.
The operating rule: open everything, immediately, and write the deadline on the front of the envelope. Almost every catastrophic tax outcome starts with unopened mail.
Reconstructing records you no longer have
The most common obstacle to filing old returns is that nobody keeps six years of receipts. It is a solvable problem.
Start with transcripts, which are free.
Wage and income transcripts show everything reported to the IRS about you: W-2s, 1099s of every type, K-1s, mortgage interest, tuition, retirement distributions, and brokerage proceeds. This is the backbone of a reconstructed return and it tells you exactly what the IRS believes it knows.
Account transcripts show assessments, payments, penalties, interest, and the codes marking events on the account — including the assessment dates from which the ten-year collection period runs.
Return transcripts show what was filed, where a return exists.
Record of account combines the two.
Then reconstruct expenses:
Bank and credit card statements, which most institutions retain for several years and can produce for a fee. Categorize by vendor — a year of statements produces a usable expense picture in an afternoon.
The prior year's return, where one exists, which shows what categories of expense you had.
Industry standards, which the IRS and the Tax Court have accepted in some circumstances when records were destroyed and the taxpayer's testimony is credible — though this is a fallback, not a plan.
Vendor and supplier records — many will reprint a year of invoices on request.
Mileage reconstructed from calendars, appointment records, and job logs.
Rent and mortgage records from the landlord or servicer.
A note on basis for securities: brokerage statements and the broker's own basis reporting will usually resolve a substitute return's worst distortion — the treatment of gross proceeds as income. Request the historical statements from the brokerage; they generally have them.
And where a record is truly gone, say so in writing with a reasonable estimate and the methodology. A documented, honest estimate is far better than an omission.
Doing the offer in compromise arithmetic yourself
Before paying anyone to prepare an offer, compute your own reasonable collection potential. The formula is published and it is arithmetic.
Step one: the realizable value of assets.
For each asset, take the quick sale value — generally a percentage of fair market value reflecting a forced sale — and subtract what is owed on it.
- Home: quick sale value minus mortgage balance
- Vehicles: quick sale value minus loans, with an equity allowance per vehicle
- Bank accounts: balance, less a small allowance
- Retirement accounts: value net of tax and penalty on withdrawal
- Cash value life insurance: the cash value
- Business assets, receivables, investments, cryptocurrency: included
Step two: future income.
Take average monthly gross income, subtract allowable living expenses, and multiply the remainder by a defined number of months depending on the payment option chosen.
Allowable living expenses use national and local standards — published figures for food, clothing, household supplies, personal care, out-of-pocket health care, housing and utilities by county, and transportation by region. Your actual spending above the standard generally does not count, which is where most homemade offers fail.
Step three: add them. Realizable asset value plus the future income component. That is roughly your reasonable collection potential, and an offer generally must equal or exceed it.
Then compare it to the balance.
If your RCP exceeds the balance, an offer will not be accepted. No preparer can change that. A firm that takes your money to file an offer in that situation is selling you a rejection.
If your RCP is well below the balance, an offer is genuinely worth pursuing, and the process is manageable without counsel for a straightforward case.
Also weigh what an offer costs you: an application fee and initial payment (waivable for low-income applicants), suspension of the collection period while it is pending plus additional time, and a requirement to stay compliant with filing and payment for five years after acceptance — default returns the entire original liability.
And know the alternatives honestly. For many people the right answer is not an offer. It is a modest installment agreement, or currently-not-collectible status while the collection clock runs out, or penalty abatement that reduces the balance enough to make it payable.
Your rights, and the two offices that enforce them
26 U.S.C. § 7803 establishes the Commissioner's office, directs the Commissioner to ensure employees are familiar with and act in accord with taxpayer rights, and creates the Office of the Taxpayer Advocate.
The taxpayer rights that section names — a useful list to have in hand when dealing with a collection officer:
To be informed. To know what is required, and to receive clear explanations of the law, procedures, and outcomes.
To quality service. Prompt, courteous, professional assistance, and a way to speak to a supervisor about inadequate service.
To pay no more than the correct amount of tax, including interest and penalties.
To challenge the IRS's position and be heard, with objections and documents considered.
To appeal an IRS decision in an independent forum — the Independent Office of Appeals — and to take a case to court.
To finality — to know the maximum time to challenge a position and the maximum time the IRS has to audit or collect.
To privacy, including that inquiries and enforcement be no more intrusive than necessary and respect due process.
To confidentiality.
To retain representation, and to be told that free assistance is available for those who cannot afford it.
To a fair and just tax system, including consideration of facts and circumstances affecting liability, ability to pay, and ability to provide information timely.
The Taxpayer Advocate Service is an independent organization inside the IRS. It is free, and it is genuinely effective. It helps when a problem is causing financial difficulty, when the IRS has not resolved something through normal channels, or when a system or procedure is not working as intended.
Ask for a Taxpayer Assistance Order where an IRS action is causing or about to cause significant hardship. This is a real remedy with real teeth, and almost nobody knows to name it.
Low Income Taxpayer Clinics are independent organizations — often at law schools or legal aid offices — that represent taxpayers in disputes with the IRS for free or a nominal fee for those below an income threshold, and that provide education for taxpayers who speak English as a second language. They handle audits, appeals, collection cases, and Tax Court litigation.
These two resources answer the most common objection to everything in this article — "I can't afford a tax lawyer." For a large share of people with tax problems, competent representation is available and costs nothing. The barrier is not money. It is that nobody told them.
Choosing help, and avoiding the tax resolution industry
"Tax resolution" advertising is among the most misleading marketing in consumer services, and the pattern is consistent enough to describe.
How the pitch works: a radio or television ad promises settlements "for pennies on the dollar." A salesperson — not a tax professional — takes the call, quotes a large fee, and collects it. The file is then handled by staff who file a form, often an offer with no realistic chance of acceptance, and the client learns months later that it was rejected.
Warning signs:
- A guarantee of a specific outcome before anyone has seen your transcripts and financial information
- A fee quoted on the first call, before the facts are known
- A salesperson who is not a CPA, enrolled agent, or attorney
- Pressure to decide immediately
- A large upfront payment with no defined scope
- No mention of alternatives — installment agreements, currently not collectible, penalty abatement — only offers in compromise
- No mention of Low Income Taxpayer Clinics or the Taxpayer Advocate Service to a client who would qualify
Who can actually represent you before the IRS: an attorney, a certified public accountant, or an enrolled agent — a credential specific to tax practice, earned by examination or IRS experience. Verify the credential. Enrolled agent status and CPA licensure are both verifiable, and every state bar publishes attorney licensure and discipline.
What good representation looks like: they pull your transcripts before quoting anything · they explain the collection statute expiration date · they compare at least three resolution paths for your facts · they tell you honestly if an offer will not be accepted · they quote a fee for a defined scope in writing · and they tell you about free options if you might qualify.
And a simple diagnostic: ask what your collection statute expiration date is. A professional who has read your account transcript can answer. A salesperson cannot.
State tax problems, which are often worse
Everything above is federal. State tax authorities are a separate system, and in several respects a harsher one.
Longer or no collection periods. Some states have collection periods far longer than ten years, and some effectively have none — a state liability can follow a person indefinitely.
Faster enforcement. Many states levy with less notice than the federal system requires, and some do not provide an equivalent of the collection due process hearing.
License consequences. Numerous states suspend or refuse to renew driver's licenses, professional licenses, and business licenses over unpaid tax. This is one of the most disruptive consequences in the entire field, and it has no federal analogue for income tax.
Different resolution programs. Most states have installment agreements, many have offer programs, and periodic amnesty programs waive penalties for taxpayers who come forward — these are time-limited, well publicized when they happen, and extremely valuable.
Federal-state information sharing. Filing a federal return generally leads the state to notice a missing state return, and vice versa. Resolving one side while ignoring the other rarely works for long.
The practical instruction: handle both. Pull your state account status at the same time you pull federal transcripts, and ask about the state's collection period, its hearing rights, its penalty relief, and whether any amnesty is pending. A resolution that fixes the federal problem and leaves a state license suspension in place has solved the smaller half.
Tax debt and bankruptcy: the interaction nobody explains
Some income tax can be discharged in bankruptcy, which surprises almost everyone — including some bankruptcy lawyers who avoid the analysis.
The general conditions for discharging income tax, all of which must be satisfied:
Three years since the return was due, including extensions.
Two years since the return was actually filed — and it must have been filed by the taxpayer, which is why a substitute for return prepared by the IRS generally does not start this clock.
240 days since the tax was assessed.
No fraud or willful evasion.
Each of these periods is extended by events — a prior bankruptcy, a pending offer in compromise, a collection due process hearing. The computation is technical and it is worth having done correctly, because getting it right can eliminate a liability entirely.
What bankruptcy does not do: it does not remove a federal tax lien that attached to property before filing. The personal liability may be discharged while the lien survives against the property that existed at filing. This is the most important limitation and it is routinely misunderstood.
What is generally not dischargeable: trust fund taxes — the employee withholding a business owner failed to remit — and the trust fund recovery penalty assessed against a responsible person. Recent taxes, and taxes on unfiled returns, are also generally not dischargeable.
And the automatic stay stops collection immediately on filing, including levies, which makes bankruptcy an emergency tool in some situations even where discharge is not available.
The practical instruction: if you have older tax debt and are considering bankruptcy, have the dischargeability analysis done before filing, because the timing of the bankruptcy relative to those three periods can determine whether tens of thousands of dollars survive.
Frequently asked questions
I have not filed in years. What do I do first? File. Get wage and income transcripts to reconstruct what was reported, and file the returns. The failure-to-file penalty is much larger than the failure-to-pay penalty, and filing usually reduces a substitute-return balance dramatically.
The IRS says I owe far more than I made. You are probably looking at a substitute for return — no deductions, no basis on stock sales, worst filing status. File the real return.
They filed a lien. Can I get it removed? Ask about withdrawal, particularly after entering a direct debit installment agreement. Also consider discharge or subordination for a specific transaction.
My wages are being levied. Act within days. A levy is released for economic hardship, and levy is generally prohibited while an installment agreement request, an offer, or a CDP hearing is pending.
My bank account was levied. The bank holds the funds for a statutory period before remitting. That window is when a release can be obtained. Call immediately.
How long do I have to request a hearing? 30 days from the lien filing notice or the Final Notice of Intent to Levy. That deadline preserves Tax Court review; missing it costs you that.
Can I settle for pennies on the dollar? Sometimes, on doubt as to collectibility — but the formula is published and it is arithmetic, not negotiation. Compute your reasonable collection potential first.
Can penalties be removed? Often. Ask for first-time abatement first, then reasonable cause with documents.
My ex ran up the tax debt. Look at innocent spouse relief — and note that equitable relief covers an underpayment, and that abuse and financial control are expressly relevant factors.
Does the debt ever expire? Generally ten years from assessment, but suspended by many events. Request the IRS's computed expiration date.
Related documents
- Resolving a Tax Debt with the IRS
- Tax Problem Resolution Checklist
- Tax Controversy Toolkit
- Debt Collection and the FDCPA
- Defending a Debt Collection Lawsuit
- Naturalization and Citizenship: Eligibility, Good Moral Character, and the Interview
Educational only, not legal advice. Tax procedure is detailed and thresholds change annually. Free help is available from Low Income Taxpayer Clinics and the Taxpayer Advocate Service; see the guide for how to reach them.