24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When youโ€™re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

How to Remove an IRS Bank Levy from Your Account

How to Remove an IRS Bank Levy from Your Account

Getting an IRS bank levy can be scary. It means the IRS has seized the money in your bank account to pay your back taxes. But don’t panic! There are ways to get the levy removed and regain access to your funds.

This article will explain what an IRS bank levy is, when the IRS uses them, and most importantly, the steps you can take to get the levy released. I’ll share info based on my own experience dealing with tax issues, as well as tips from IRS experts. My goal is to empower you with knowledge so you can take action to resolve this situation.

What is an IRS Bank Levy?

A bank levy is when the IRS legally seizes the funds in your bank account to cover unpaid back taxes. They do this by sending a notice to your bank, ordering them to hand over the money in your account up to the amount you owe.

Once the levy is processed by your bank, you can no longer access or withdraw the seized funds. The IRS will then take the levied money and apply it towards your tax debt.

When Does the IRS Use Bank Levies?

The IRS won’t just show up out of the blue and levy your bank account. There is a process they follow before taking this serious enforcement action.

First, after you file your tax return, the IRS will send you a bill for any taxes owed. If you don’t pay, they’ll send another notice demanding payment. At this point, you should contact the IRS to make payment arrangements or file an appeal.

If you still take no action, the IRS will issue a Final Notice of Intent to Levy. This gives you 30 days to pay in full, begin a payment plan, or request a Collection Due Process hearing to appeal the proposed levy.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldnโ€™t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™๐Ÿผ๐Ÿ™Œ๐Ÿผโค๏ธ
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were โ€œIโ€™m not worried about itโ€. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taรฏko Beauty
Taรฏko Beauty
2024-03-15
I donโ€™t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and thatโ€™s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now thatโ€™s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words canโ€™t describe how grateful I am to have the opportunity to work with this team. Iโ€™m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

After 30 days passes, the IRS can legally levy your bank account. They do this by sending a notice to your bank with instructions to seize funds.

How the Bank Levy Process Works

Here are the basic steps of how an IRS bank levy works:

  1. IRS sends a levy notice to your bank ordering them to seize funds
  2. Bank receives notice and freezes the account, not allowing withdrawals
  3. 21 days after receiving the notice, bank sends IRS the levied money
  4. IRS applies funds seized towards your unpaid tax debt

So once the bank gets the levy notice, your access to that money is gone. You have 21 days before the bank actually sends the money to the IRS. This brief window gives you a chance to take action to release the levy.

Getting an IRS Bank Levy Released

Now let’s get into how you can get the IRS to release a bank levy and unfreeze your account. The key is acting quickly and knowing the proper procedures.

Negotiate with the IRS

Contact the IRS immediately and request that they release the levy. Be prepared to make payment arrangements to avoid future levies.

Options include:

  • Full payment plan – Pay back taxes owed over 6 years
  • Partial payment plan – Pay a lump sum upfront, then smaller payments over 6 years
  • Offer in Compromise – Settle tax debt for less than owed
  • Currently Not Collectible – Pause payments due to financial hardship

The IRS wants to collect what you owe, so they’ll often release a levy in exchange for a payment agreement. But you need to act fast, before the 21 days is up and bank sends payment.

Request Collection Due Process Hearing

You can request a CDP hearing with the IRS Office of Appeals to review and dispute the proposed levy. Submit Form 12153 to request a CDP hearing within 30 days of receiving an IRS levy notice.

This will halt IRS collection efforts, including the bank levy, while your hearing is pending. The Appeals officer may agree to release the levy if you can show it’s causing undue hardship.

Prove Financial Hardship

If the levy prevents you from paying necessary living expenses like rent and medical bills, the IRS may release it due to economic hardship. Provide documentation like bank statements, bills, rent receipts, etc.

The IRS may also agree to temporarily classify your account as Currently Not Collectible until your financial situation improves.

Claim Tax Identity Theft

If the bank levy stems from tax debt that is not actually yours, you may be a victim of tax ID theft. File an ID Theft Affidavit (Form 14039) and the IRS should investigate and release the fraudulent levy.

Recovering Levied Funds from the IRS

If you weren’t able to get the levy stopped in time, and the bank sent your money to the IRS, you may still be able to get some or all of it returned by taking the following actions:

  • Wrongful Levy Claim – File Form 8546 if you believe the levy was improper or funds taken belonged to someone else.
  • Civil Action – You can file a civil lawsuit against the IRS to recover levied funds in U.S. District Court.
  • Taxpayer Advocate – Ask for help from the Taxpayer Advocate Service if the levy is causing economic hardship.

Avoiding IRS Bank Levies

Now that you understand how to remove an IRS bank levy, let’s discuss some tips to avoid getting one in the first place:

  • Pay back taxes owed – If you have outstanding tax debt, take steps to pay it or make payment arrangements.
  • Respond to IRS notices – If you get an IRS bill or notice demanding payment, don’t ignore it. Follow the instructions to resolve the issue.
  • Request an extension – If you need more time to prepare or file a tax return, submit Form 4868 to get an extension and avoid penalties.
  • Set up a payment plan – The IRS will usually release a levy if you agree to a monthly payment plan for taxes owed.
  • Keep current on payments – If you have an existing IRS payment plan, be sure to make all payments on time to prevent levy action.

Dealing with the IRS and resolving tax problems can seem intimidating. But knowledge is power. Now that you understand the bank levy process and how to remove one, you can take control of your situation. The key is acting quickly to assert your rights and negotiate with the IRS. They want to collect what you owe, so if you contact them and demonstrate good faith, they will often release a levy.

With some perseverance and the help of tax experts if needed, you can get through this difficult situation. Don’t be afraid to ask for assistance from the Taxpayer Advocate Service as well if you’re experiencing hardship. Wishing you the very best in getting your bank levy removed and tax problems resolved!

References

IRS. “Topic Number 653 – IRS Notices and Bills, Penalties and Interest Charges.” https://www.irs.gov/taxtopics/tc653

IRS. “Topic Number 204 – Bank Levy.” https://www.irs.gov/taxtopics/tc204

IRS. “Form 12153, Request for a Collection Due Process or Equivalent Hearing.” https://www.irs.gov/pub/irs-pdf/f12153.pdf

IRS. “Form 8546, Claim for Reimbursement of Bank Charges.” https://www.irs.gov/pub/irs-pdf/f8546.pdf

Cornell Law School. “26 U.S. Code ยง 6343 – Authority to release levy and return property.” https://www.law.cornell.edu/uscode/text/26/6343

Schedule Your Consultation Now