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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22844
Experience:  Taxes, Immigration, Labor Relations
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hello my name is XXXXX XXXXX i am 62 years old and just went

Customer Question

hello my name is XXXXX XXXXX i am 62 years old and just went on soc.sec. on 5-30-02 the amount i get was 998.00 monthly as of this month they took 149.70 out of my check so now my full monthly income is 848.58. my question is in may of 06 i was in a bad accident that left me unemployable i still have a fractured shoulder that leaves me very limited movement and i had broke both wrist and messed up both knees, this was a motorcycle accident they put me on ssi i was getting 854.00 and in may i turned 62 i decided to go on ss since it would pay me 150. more i have gone to the soc sec. dept and asked for assistance because 998 was not enough so they allowed me 14.00 in food stamps monthly and now they are taking 149. a month. i was told about a non colectable status sec. 53 is it possible for me to receive that?? i really cant make it like things are.

Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

Hi and welcome to Just Answer!
If you receive SSI - Supplemental Security Income - that is not taxable.
When you start receiving social security benefits - they might be partly taxable - but as long as social security benefits - your only income - nothing is taxable.
However - if you have a tax debt - still part of your social security benefits might be garnished. The statute of limitation on collection is set by the federal law. The date the collection statute expires is the Collection Statute Expiration Date (CSED).
Generally - the IRS has ten years to collect the tax debt - after which the tax debt becomes not collectible.

LEV :

In some situation - the IRS can mark your account as “Currently Non-Collectible” (CNC) and stop all collection activities - so-called "Status 53".

LEV :

You may remain in this status until the statute of limitations (generally 10 years) runs out and the tax debt is forgiven.

Customer :

i dont think you understood my question i am in a situation where i cannot work due to physical aiments- i receive soc.sec. in the amount of 998. and 14. dollars of food stamps i have just been garnished from irs which left my income for the month at 848.58 that is all i get to live on!! i can't survive on this amount, and im not employable some one told me about sec 53 which is a non collectable status, is it possible for me to be put on this? what do i do? help please!

LEV :

The IRS will consider you for Status 53 after you submit a financial statement that details your assets and monthly income and expenses.
If assigned - you generally will need to submit another financial statement every 18-24 months.

Customer :

where do i get this statement

LEV :

I completely understand your situation - but the decision to put your account under Status 53 is made by the IRS.

You may like my answer or not – but I may not make such decision.

To prepare your financial statement - you are not required to use any specific form - you may simply list on your assets and your monthly income and expenses.

Customer :

how can i get this statement form

LEV :

To prepare your financial statement - you are not required to use any specific form - you may simply list on your assets and your monthly income and expenses.

LEV :

You may use this form - http://www.irs.gov/pub/irs-pdf/f433a.pdf - but again - it would be much easier just listing all information without using any form.

LEV :

Here is the form that you may use as a sample - http://www.dot.ca.gov/hq/bep/downloads/pdf/Personal_Financial_Statement2.pdf

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