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​​​​What Is Notice of Intent To Levy?


This blog post is adapted from a transcript of our new podcast, Tax Relief Academy. You can listen to the podcast episode here:

This information is for entertainment purposes; do not consider it legal advice.

What is Notice of Intent to levy?

Notice of Intent to levy is a notice from the IRS that is the last of usually 4-5 notices for individuals or business gives, respectively. It gives a taxpayer one last chance to try to settle with the IRS before they levy. 

An intent to levy can be a wage garnishment or a notice to your bank to levy whatever money you have in your account.

If you're in business, it could be a notice to somebody that owes you money, that and they'll intercept that, that revenue to you. 

So typically you want to respond within 30 days.

After 30 days notice most will say this, after 30 days, they can go ahead and and let be your, you know, garnish your wages or your bank account.

If you contact them within that 30 day period, they will normally give you some time to back up a proposal. Otherwise, you can just file a request for a due process or equivalent hearing.

Let's say that you file that request for a due process or equivalent hearing, (another word is appeal). 

This stops the collections by law, but also the 10-year collection period.

It freezes that if you get denied and the appeal you can appeal it to Tax Court. First, you appeal within the IRS system itself and then eventually the Tax Court.

If you file after 30 days you have up to a year for an equivalent hearing. Legally it does not stop collection by the IRS,but they normally do(as a matter of practice).

But the good news is it doesn't stop the 10 year clock from running.

Incidentally, it's not a direct answer to the question, what what this notices, but the IRS only has 10 years to collect.

That time period can be extended for various reasons. If they don't collect within that time period, the debt goes away. It is essentially forgiven.

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