Thursday, June 22, 2017

IRS Wage Garnishment: How an IRS Tax Wage Levy Works, How to Stop It


An IRS wage garnishment is the confiscation and seizure of money from an employee’s monetary compensation resulting from unpaid IRS income taxes. Most likely this should not be a surprise as the IRS will only levy one’s wages after repeated letters and warnings about the taxes owed. An IRS wage levy is one of the IRS’s most aggressive tax collection mechanisms and should not be taken lightly. The IRS would rather resolve income tax debt in a different manner but the IRS will levy when they feel the have run out of other options. It is important to understand how an IRS garnishment works to ensure you take the appropriate actions to avoid them or stop the IRS from taking your wages, paycheck, Social Security, Social Security Disability (SSDI) and/or Veterans Pension.

What is IRS Wage Garnishment? What Should I Expect?

You should expect to waive good-bye to your paycheck. You should expect to miss paying your rent. You should expect to miss paying your car note. You should expect to miss having cash in your pocket.

An IRS wage garnishment is the legal way for the IRS to collect taxes from you without you actually paying them by having the taxpayer’s employer garnish their wages and send them to the IRS. 

Stopping IRS Wage Garnishment – Release an IRS Wage Levy

There are many ways you can prevent or stop a tax levy. The method you use should be determined by your financial and tax situation. Even if you do not qualify for any of the methods to stop a wage levy there are still ways to negate the effects of the levy. Know your options to make a wise decision about how to stop the wage levy and to protect your assets from the IRS.

Wage Garnishment FAQs

Can an IRS wage garnishment be stopped once the IRS has started to garnish my wages?

  • Yes a garnishment can be stopped once the IRS has started the levy. The IRS would actually prefer you to make some other form of arrangement than to enforce a garnishment. Some options can be to pay the IRS in full, enter into an installment agreement, file for an offer in compromise, get declared uncollectible, file bankruptcy, change employers or quit your job. The most common methods to stop a levy are to enter into an installment agreement, pay in full or file for an offer in compromise.

How much of my wages can the IRS take?

  • The IRS does have some guidelines as to how much they can take from you. They try to leave you with enough to pay your required expenses to live but this typically does not happen. IRS guidelines go by the national average of required amounts to live and if your rent is higher than the average, you will be left with an amount not high enough to pay your required expenses. The IRS can garnish upwards of 80% of your wages until they have collected the entire amount of your tax liability.

What kind of wages can the IRS take?

  • The IRS can seize salaries, commissions, bonuses, wages, retirement money and pension earnings. The IRS can take a minimum of 15% of your Social Security, Social Security Disability (SSDI) and/or Veterans Pension. If you do not have any of those they will likely try to seize any other property you have.

How can I stop the IRS from garnishing my wages?

  • The short answer is: The best way to stop an IRS wage levy is to call the best IRS help team at Flat Fee Tax Service, Inc.
  • You must stay on top of all required tax filings and pay all tax amounts owed to the IRS. If you cannot afford to pay the IRS you must come up with another form of agreement with the IRS to ensure that you pay back your taxes. The IRS has many methods available to those taxpayers that cannot afford their taxes, the method you pick depends upon your financial and tax situation.

What are the IRS rules / laws on garnishments? What are my Rights?

  • The IRS must send a final notice of intent to levy and notice of your right to a hearing at least 30 days before they can begin to levy your wages.
  • The IRS could have sent the final notice years ago and can send it to any address that the IRS has on file for you. This means that you may never know when the levy will hit.
  • The IRS must have assessed a tax liability and sent you a notice to demand payment prior to the levy.
  • You must have neglected or refused to pay the amount that was assessed by the IRS.

How can a tax professional help with an IRS wage garnishment?

  • A tax professional can help more than most people realize in a situation where a wage levy is involved. If the levy has already begun a IRS Tax Attorney at Flat Fee Tax Service, Inc. can put a hold status on your IRS wage levy while our team negotiates a tax settlement on your behalf. The hold will be in place the entire time an IRS settlement is negotiated which ensures that you do not have any more money seized. Flat Fee Tax Service, Inc. has a team of tax professionals who will analyze your financial, tax and work situation to come up with the best IRS settlement method for your unique situation. They will ensure that you get back into good standing with the IRS while keeping in mind your financial needs.

Flat Fee Tax Service, Inc. -  IRS Wage Garnishment Help -
                           Stop Your IRS Levy In One Day



Do need help stopping a wage levy? The IRS Tax Attorneys at Flat Fee Tax Service, Inc. can not only help, our team can stop and have your IRS wage levy released in one day. Understand the benefits of using a tax professional when dealing with a wage levy. Request a free and confidential consultation to talk with our experienced tax specialists and get back on track to financial freedom.

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Thursday, May 11, 2017

Selecting an IRS Tax Attorney - Flat Fee Tax Service

Selecting an IRS Tax Attorney

Tax professionals in a local tax practice (CPAs, accountants, enrolled agents, attorneys) have an inherent “conflict of interest" for aggressive representation of any one client because they do not want to antagonize the local IRS revenue officer or examiner in a way that will have a negative impact on their other clients. The IRS will take advantage of the timid local practitioner who finds it necessary to generate a positive image for the balance of his client base.

The IRS Tax Attorney(s) at Flat Fee Tax Service, Inc. specialize in dealing with IRS controversies, problems and issues of every kind throughout the United States. We have active cases pending throughout the United States. Our IRS Tax Attorney(s) understand the most effective ways to deal with the IRS to advocate a reasonable solution to resolve your IRS problems.




CPAs, accountants, bookkeepers, enrolled agents, and attorneys without a tax specialty may not have the time, experience, education, insight or technical skill to deal with the technical analysis, legal research, identification of issues, interpretative creativity and insight, negotiating skills, knowledge of the IRS , or technical writing ability necessary to effectively prevent avoidable tax overpayments. The person who prepares your tax return may only have six weeks of training, and that training may be limited to how to put numbers into an IRS income tax return. Your bookkeeper is not an income tax debt expert.

Your CPA prepares tax returns for approximately three months out of the year and spends the balance of the time preparing books, records, and financial statements. Most, if not all enrolled agents are not tax lawyers. Attorneys may have a general or a specialized practice that does not include tax issues and problems.

Nevertheless, accountants, CPAs, bookkeepers, enrolled agents, and non-tax attorneys will usually agree to represent you if you approach them with an income tax issue even if they do not have the training or experience to handle difficult, complex, or creative tax issues. The IRS can be expected to take advantage of those representatives who are not specialists in the tax law and who do not deal with the IRS on a full-time basis.

An IRS tax attorney can do something an accountant cannot do. An experienced IRS tax attorney can thoroughly research a tax statute and master it. He will know its legislative history. He will be familiar with the Treasury regulations and IRS rulings on that statute. He will penetrate the many court decisions involved in the litigation of the tax statute. He will have read tax articles and books that deal with the tax statute. It is improbable that your accountant has the training or experience that would permit him to penetrate the complexity of the tax law on a particular tax issue. It is also not likely that the accountant can take the time out of a busy accounting practice, working with numbers and preparing financial statements, to master the vast array of difficult tax law that bears on a tax statute.


Even worse is the fact that the mind-set of an accountant is to see "black and white" rather than the "gray" because they are trained to be precise with numbers. Tax law is drenched with ambiguity where there is mostly no answer that is right or wrong. Tax lawyers are trained to seek and find the ambiguity in the law (i.e., the "gray"). Tax law ambiguity can be used as a "sword" to attack an IRS position and as a "shield" to protect the taxpayer.

However, not all tax attorneys are equal just as, for example; professional golfers have difference levels of skill and ability. Tax attorneys have different levels of creativity, insight and skill.




The most important attribute of a good IRS tax attorney is to be "creative" with the tax law. This creativity may arise in many ways. A creative tax attorney will use interpretative skill to find support of a taxpayer position. A creative tax attorney will find a gap in a statute or a regulation (a "tax loophole") that permits favorable tax treatment in situations not covered by the statute under consideration. A creative IRS tax attorney will be able to identify inconsistencies by the IRS in its published positions or private ruling letters. A creative tax attorney will use interpretative skills to spin facts, case law, regulations in favor of the taxpayer. Creativity is unlimited in its potential to interpret and apply the law or the ability to develop that knowledge through research skills.

Any attorney is a better representative than a non-attorney because “taxes" is based on law written by the Conges and non-attorneys are not trained to research and interpret tax law. As between two attorneys, a specialist in taxes is a better choice as the result of superior training and experience. As between to tax attorneys who both specialize in IRS problems and controversies, a firm that has IRS experience, as we do, have better insight to the inner workings of the IRS . Knowledge of the administrative processes of the IRS is a distinct advantage in choosing your representative.

In explaining what a tax lawyer does that other representatives cannot do, it is helpful to understand what is meant by a legal issue. Legal issues are developed from expert creative analytical, interpretative, and technical research skills. Technical research includes: determining Congressional intent from the legislative history of the tax law; a search and analysis of the provisions of the applicable provisions of the Internal Revenue Code, Treasury tax regulations, IRS revenue rulings, private letter rulings and procedures and the IRS administrative procedures and guidelines.

The fact that tax law is complex and arcane is well known. This complexity is he reason a qualified tax attorney is in a superior position to protect a taxpayer from overpaying a tax liability - provided that attorney has strong creative, analytical and interpretative skills. Interpretative and analytical skills involve the sophisticated ability to read tax legislation, regulations, cases and other authority to identify subtle distinctions, ambiguity or supportive facts, issues, and argument.