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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
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Experience:  15years with H & R Block. Divisional leader, Instructor
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Can the IRS withhold

Resolved Question:

Can the IRS withhold social security benefits to a minor child because of a deceased's IRS lien??
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D :

Hello and thank you for using Just Answer,
As far as Social Security benefits , when assigned the survivor benefits now belong to the survivor and are no longer considered included in the taxpayer's base amounts.
This means in short that the benefits belong to the receiver and not the deceased. As such a levy could not attach to the survivor benefits for the minor child.
Although the IRS does have the option to levy SS payment IRS levies on Social Security payments will not include: children’s benefits, supplemental security income payments or lump sum death benefits.

Robin D :

The above is directly from the Taxpayer Advocate's Office.

Robin D :

I thank you in advance for a positive rating, which lets Just Answer know that you have been assisted.

Robin D :

Did you have a follow up question before you rate?

Customer:

Thank you for your response. If I understand it correctly, you are advising that the IRS cannot attach or levy against a survivor's social security benefits....correct?

Customer:

Robin, are you still here?

Expert:  Robin D. replied 1 year ago.
That is correct.
Expert:  Robin D. replied 1 year ago.
Customer:

Thank you for your response. If I understand it correctly, you are advising that the IRS cannot attach or levy against a survivor's social security benefits....correct?</pCustomer:

Robin, are you still here?

 

Your first question is correct. The taxpayer advocate states this.

Yes I am still here but you are in CHAT and I am not.

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7868
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 3 other Tax Specialists are ready to help you
Expert:  Robin D. replied 1 year ago.
I received an alert that you had responded. Unfortunately if you have, the message did not come through.
Please let me know if you need more information.

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Robin D.
Robin D.
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15years with H & R Block. Divisional leader, Instructor