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Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Experience:  Nearly 30 years of varied tax industry exp. Tax Biz owner
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Can a state take ALL the funds out of a bank account to jell

Customer Question

Can a state take ALL the funds out of a bank account to jell repay a tax lien? This is the ONLY money this individual has to buy food, gas, etc..
Submitted: 11 months ago.
Category: Tax
Expert:  Tax.appeal.168 replied 11 months ago.
Welcome. THANK YOU for choosing Just Answer. My name is XXXXXX XXX my goal is to help make YOUR life, a little...LESS taxing.

Q: I was told they could only take a percentage of the available funds, is this correct?

A: I'm sorry to hear about your dilemma. Unfortunately, the IRS can take all of the funds that are in the bank account the day that the bank receives the levy request. The bank has to hold on to the funds for 21 days before submitting them to the IRS. the reason for this is because they want to make sure that they have the correct account and to give the taxpayer an opportunity to rectify the situation. It is true that they can only garnish a certain amount of your wages, but when bank accounts, not making lite of the matter, they can drain the account dry of whatever funds are in the account on that day the bank receives the levy notice. In order for them to keep levying the bank account, they will need to keep sending the bank levy notices. Since the levy is causing a harship, you should do the following;

If a levy on your wages, bank account or other property is causing a hardship you should:

Contact the IRS at the telephone number on the levy or correspondence immediately (1-800-829-1040) and explain your financial situation. Service is available from 8 a.m. to 8 p.m. local time, Monday through Friday.

Levying Your Wages, Federal Payments, State Refunds, or Your Bank Account

If we levy your wages, salary, federal payments or state refunds, the levy will end when:

  • The levy is released,
  • You pay your tax debt, or
  • The time expires for legally collecting the tax.

If we levy your bank account, your bank must hold funds you have on deposit, up to the amount you owe, for 21 days. This holding period allows time to resolve any issues about account ownership. After 21 days, the bank must send the money plus interest, if it applies, to the IRS. To discuss your case, call the IRS employee whose name is XXXXX XX the Notice of Levy.

 

REFERENCE SOURCE:

 

http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Levy



Please let me know if I can be of further assistance to you regarding this matter.

Thank you again for using JUST ANSWER.

Customer: replied 11 months ago.

can the state do that if that is the only money I have? I cannot even purchase groceries or take care of my daughter

Expert:  Tax.appeal.168 replied 11 months ago.
Hello again Tom,

The answer is yes, the state of Wisconsin operates the same as the IRS does relating to bank levies. SE BELOW:

  • How long will this levy stay in place?
  • The department's levies are a single action. They allow us to take only the amount in the accounts at the time the financial institution receives the levy. If the accounts do not have sufficient funds to pay the amount listed in full, the Department of Revenue would have to issue another levy to attach to amounts deposited after the bank received the first levy.

Does this mean that if the levy does not pay my debt in full, I will be levied again?
  • The Department of Revenue prefers to resolve delinquent accounts by voluntary actions. If your account still has a balance and you contact the agent listed on the levy, you will be able to discuss other options to resolve your account. These options can include a payment plan.

REFERENCE SOURCE:

 

http://www.revenue.wi.gov/faqs/ise/delinq.html#dq8

Expert:  Tax.appeal.168 replied 11 months ago.
Tom, as with the IRS, you can contact the WI Dept of Revenue to claim undue hardship. It is no guarantee that they will release the funds that are on hold, but in most cases, taxing agencies will work with a taxpayer who is experiencing a hardship as a result of an action on their part. The customer service phone numbers are found at the following lik;

http://www.revenue.wi.gov/contactus/customerservice.html

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