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When federal taxes remain unpaid, the IRS may begin collection activity to recover the outstanding balance. Depending on the circumstances and how far the collection process has progressed, taxpayers may receive collection notices involving payment demands, federal tax liens, notices of intent to levy, bank levies, wage levies, or other enforcement actions.
Receiving an IRS collection notice does not mean that every enforcement action will happen immediately. However, some notices contain important deadlines and taxpayer appeal rights that should not be ignored.
This resource center explains the IRS collection process, tax liens, levies, wage garnishments, bank levies, and potential alternatives for resolving federal tax debt.
The IRS collection process generally begins after a tax liability has been assessed and remains unpaid.
Tax debt may result from:
Tax reported but not fully paid with a return
Additional tax assessed by the IRS
An IRS examination or audit
Unreported income adjustments
Payroll or employment tax liabilities
Penalties and interest
Prior-year tax balances
The IRS generally sends notices requesting payment before progressing to more serious collection actions.
The particular notices and procedures involved depend on the taxpayer's circumstances.
A levy is a legal collection action through which the IRS may take certain property or rights to property to satisfy an unpaid federal tax liability.
Before many levy actions, the IRS must provide required notices.
Taxpayers may encounter notices discussing an intent to levy or a final notice of intent to levy.
These notices should be reviewed immediately because certain final collection notices may provide a limited period in which the taxpayer can request a hearing or exercise other appeal rights.
An IRS bank levy allows the government, after applicable legal requirements have been satisfied, to require a financial institution to turn over funds belonging to a taxpayer.
A bank levy may affect funds in accounts such as:
Checking accounts
Savings accounts
Certain other financial accounts
A bank levy is different from an ordinary recurring wage levy. When a bank receives an IRS levy, federal law generally provides a short holding period before levied funds are sent to the IRS.
This period can be extremely important if the taxpayer believes the levy is improper or qualifies for a release.
The IRS can levy wages, salaries, commissions, and certain other income when applicable collection requirements have been satisfied.
This is commonly referred to by taxpayers as an IRS wage garnishment, although the federal tax collection procedure is generally called a wage levy.
Unlike a typical one-time bank levy, a wage levy may continue against future pay until:
The tax liability is satisfied
The levy is released
The collection period expires
Another event legally terminates the levy
Because wage levies can directly affect a taxpayer's ability to meet living expenses, prompt attention is important.
A federal tax lien is the government's legal claim against a taxpayer's property and rights to property when federal tax debt remains unpaid after applicable requirements have been met.
A lien and a levy are not the same thing.
Lien: A legal claim securing the government's interest in property.
Levy: An enforcement action used to take property or rights to property to satisfy a tax debt.
Understanding this distinction is important because the options for addressing liens and levies can differ.
The IRS may file a Notice of Federal Tax Lien (NFTL) to publicly notify creditors of the government's legal interest in a taxpayer's property.
A filed tax lien may affect financial transactions involving:
Real estate
Business property
Other assets
Certain financing or refinancing transactions
Depending on the circumstances, taxpayers may have options involving lien release, withdrawal, discharge, or subordination.
These terms have different legal meanings and requirements.
In some circumstances, yes.
The IRS may be required or permitted to release a levy depending on the taxpayer's situation.
Potential circumstances may include situations where:
The tax debt has been satisfied
The levy creates qualifying economic hardship
An acceptable installment agreement is established under circumstances requiring release
Releasing the levy facilitates collection
The applicable collection period has expired
The levy was procedurally improper
A levy release does not necessarily eliminate the underlying tax debt. The taxpayer may still need to establish a longer-term resolution for the unpaid liability.
Certain IRS lien and levy notices provide taxpayers with Collection Due Process (CDP) rights.
A timely request for a CDP hearing may allow the taxpayer to have certain collection issues reviewed by the IRS Independent Office of Appeals.
Depending on the circumstances, issues raised may include:
Collection alternatives
Installment agreements
Offers in compromise
Currently Not Collectible status
Challenges to certain procedural requirements
Spousal defenses
In limited circumstances, the underlying tax liability
CDP deadlines are important. Missing the deadline can affect the taxpayer's procedural rights.
Taxpayers do not necessarily need to pay the entire balance immediately to begin resolving an IRS collection problem.
Depending on eligibility and financial circumstances, potential collection alternatives may include:
Short-term payment arrangements
Installment agreements
Offer in Compromise
Currently Not Collectible status
Penalty relief
Other collection alternatives
The appropriate strategy depends on the amount owed, assets, income, expenses, filing compliance, and other circumstances.
A taxpayer who cannot pay an IRS liability while meeting necessary living expenses may potentially qualify for Currently Not Collectible (CNC) status.
When the IRS places an account in qualifying CNC status, active collection efforts are generally suspended while the taxpayer remains eligible.
However, the tax liability is not forgiven merely because the account is classified as Currently Not Collectible. Interest and, where applicable, penalties may continue to accrue, and the IRS may review the taxpayer's financial condition later.
An Offer in Compromise (OIC) may allow certain taxpayers to resolve federal tax liabilities for less than the full amount owed.
Qualification is not based simply on the taxpayer's desire to settle.
The IRS evaluates factors that may include:
Income
Allowable living expenses
Assets
Equity
Future ability to pay
Overall financial circumstances
An Offer in Compromise is one possible collection alternative, but it is not appropriate for every taxpayer.
Start by identifying exactly what the IRS sent you.
Review:
The notice or letter number
Tax years involved
Amount owed
Response deadline
Collection action being proposed
Appeal rights
IRS contact information
Keep copies of the notice and related tax records.
If the correspondence refers to a final notice, levy, lien, hearing deadline, or other enforcement action, prompt review is particularly important.
Taxpayers sometimes make an IRS collection problem more difficult by:
Ignoring IRS correspondence
Missing appeal deadlines
Assuming a payment plan is the only option
Agreeing to payments they cannot realistically maintain
Failing to file required tax returns
Providing incomplete financial information
Waiting until after a bank or wage levy occurs to seek assistance
Understanding the available options earlier in the process can provide more time to evaluate an appropriate resolution.
Professional representation may be particularly useful when:
A final notice of intent to levy has been received
A bank account has been levied
Wages are being levied
A federal tax lien has been filed
A Collection Due Process hearing is available
Multiple years of tax debt are involved
The taxpayer cannot afford the proposed payment
Business or payroll taxes are involved
Previous attempts to resolve the matter have been unsuccessful
An authorized tax professional may be able to obtain account information, communicate with the IRS, evaluate collection alternatives, and represent the taxpayer before the IRS when permitted.
Our IRS Collection Resource Center provides educational guides covering:
IRS Collection Notices
Notices of Intent to Levy
Final Notices of Intent to Levy
IRS Bank Levies
IRS Wage Levies and Wage Garnishments
Federal Tax Liens
Notice of Federal Tax Lien
Collection Due Process Hearings
IRS Collection Appeals
Levy Release Options
Installment Agreements
Offer in Compromise
Currently Not Collectible Status
Understanding where you are in the IRS collection process is an important first step toward determining what options may be available.
You may also find these resources helpful:
IRS Notice Resources
Balance Due & Tax Debt Notice Resources
IRS Payment Plan Resources
Offer in Compromise Resources
Currently Not Collectible Resources
IRS Penalty Abatement Resources
Unfiled Tax Return Resources
IRS Tax Resolution Resources
This article is provided for educational purposes only and should not be considered legal or tax advice. IRS collection procedures, appeal rights, deadlines, and resolution options depend on the taxpayer's specific facts and circumstances.