The Inside Secrets Of How To Stop An IRS Wage Garnishment:
At JG Tax Group, we have
multiple years of experience and guarantee that we will have wage garnishments
or levies released within 3-4 business days. Our company specializes in understanding
exactly how the IRS works and what documentation is needed.
IRS wage garnishments and IRS Levies can be stopped in 3-4 business days, if done properly. One has to realize that the last resort the IRS utilizes is a wage garnishment or levy. This is one of the most lethal weapons available to the
IRS. There are several ways to have the levy or garnishment released.
The first thing that has to be done is to verify
that the taxpayer is in compliance with the IRS. Being in compliance means that
all outstanding tax returns for every
year has been filed with the IRS. Those tax returns include 1040's, 1099's, quarterly
estimated tax payments, 941's or 940's, depending on the particular situation of the taxpayer.
The first thing to do in order to determine if you are in compliance is to immediately
contact the IRS upon receipt notice of an IRS garnishment or levy. Be advised that you need
to be very cautious when contacting the IRS in regards to this. Before the IRS will
give you any information of your compliance, they will immediately interrogate
you, trying to find out what bank accounts you have, what other incomes
you have and the assets you own. This is all in an effort to begin to levy, garnish
or seize any assets the taxpayer may have. This is one of the main reasons why a
tax professional should contact the IRS on the taxpayers' behalf. A tax professional
does not have to release that personal information to the IRS. The representatives'
goal at this point is to only determine if the taxpayer is in compliance with the
IRS.
Everything is determined by the IRS computers and
the automated collections division. The only way to be brought into compliance is
by filing all years that were not filed. Depending on what the computer states,
you may have to file 7 years worth of IRS tax returns or they may even go back to
15 years worth of taxes. This is why the IRS must be contacted immediately to figure
out what needs to be done to bring the taxpayer back into compliance.
If there are compliance issues, the IRS will inform
the tax professional or the taxpayer what taxes must be filed. It is important to
prepare these taxes, but not to mail them in. They need to be faxed to the IRS so
they are acknowledged in the IRS computers immediately and the processing of these
returns can start within hours, not weeks or months; the IRS will not release the wage garnishment until the tax returns are at least
submitted for processing to the IRS.
Once it is determined that a taxpayer is in compliance,
the next thing the IRS is looking for is a resolution to the outstanding taxes owed
to the IRS. This may be in the form of a payment
plan, a partial payment plan, having the taxpayer
declared non-collectible or an offer in
compromise.
In most cases, the IRS will request your financial information
through certain IRS forms in order to determine
how much, if anything, you can afford to pay towards your total tax liability. If
your file is being handled in the automated collections division, a
433F form (a simplified Collection Information Statement) has to be prepared and submitted along with supporting documentations. If the file is with a field agent, a 433A form (a detailed Collection Information Statement) has to be prepared and filed with the field agent, also along with the supporting
documentation. The IRS knows that in 90% of the cases, the wage garnishment
or IRS levy is a hardship on the taxpayer, and the proper procedure is that after submitting
these financials, the IRS should release the wage garnishment within hours. Unfortunately,
taxpayers try to perform this procedure by themselves; without a tax professional involved, the IRS simply drags their feet and
prolongs the situation because it is the IRS's position to take this drastic action
due to the fact that the taxpayer did not comply with any of their prior requests.
The tax professional you chose to represent you should force the IRS to comply with
the rules and regulations to have these matters expedited within hours and not weeks
or months.
There is a second method of having a wage garnishment or levy released; this
procedure consists of proving to the IRS that this wage garnishment is a true and
immediate hardship to the taxpayer. A hardship to the taxpayer is that housing,
transportation or food expenses are at an immediate risk; i.e. if your electricity
is about to be disconnected, and you can provide a statement from your service provider
showing that your electricity is being shut off due to non payment or if you are
able to provide an eviction notice or foreclosure notice due to non payment the
same method applies. Asking the IRS to release the wage garnishment based on these
facts is a very difficult task because the IRS is receiving nothing in return providing
a solution to the outstanding taxes. This is an up-hill fight with the IRS but the
IRS is supposed to follow procedures and in most situations the taxpayer is unable
to resolve this issue without a tax professional.
Susan Wrote:
JG Tax Group, My payroll department just received the release and has released my wages. Now I guess we play the waiting game with the IRS. Thank you ALL for your hard work, quick response and persistence on getting the taxes done, helping me to get into compliance with the IRS and getting my pay back, so I can now move forward with my life. Although I know there is still more to be done with my situation, this is most definitely a big worry off my mind. Thanks again to everyone who worked on my behalf.
Read on to learn more about wage garnishment.
