IRS Property Seizure
The Internal Revenue Service (IRS) has the power to seize and sell property to collect unpaid taxes. This process is known as an IRS property seizure, and it can be a very stressful and overwhelming experience for taxpayers. However, with the help of a qualified tax lawyer, taxpayers can navigate the complex process of an IRS property seizure and work towards a resolution.
What is an IRS Property Seizure?
An IRS property seizure is a legal process by which the IRS takes possession of a taxpayer’s property, including real estate, vehicles, bank accounts, and other assets, in order to satisfy an outstanding tax debt. The IRS can seize property without a court order, although they must follow strict procedures and give the taxpayer notice and an opportunity to respond before doing so.
The IRS can seize property when a taxpayer has an unpaid tax debt and has failed to respond to multiple attempts by the IRS to collect the debt. This can include failure to pay taxes, failure to file tax returns, and failure to comply with tax assessments or other IRS demands.
Does the IRS Notify Me if They’re Going to Take My Property?
Yes, the IRS is required by law to provide taxpayers with notice before seizing their property to satisfy a tax debt. The IRS will typically send a series of notices to the taxpayer before resorting to property seizure.
The first notice a taxpayer will receive is typically a balance due notice, informing them that they owe taxes and providing information on how to pay the amount due. If the taxpayer does not respond or pay the amount due, the IRS will send a series of additional notices, including a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. This notice provides the taxpayer with a final opportunity to resolve the tax debt before the IRS takes collection action.
If the taxpayer does not respond to the final notice, the IRS may move forward with a seizure of the taxpayer’s property. However, even in this situation, the IRS is required to provide notice to the taxpayer before the seizure takes place.
The notice will include information about the taxpayer’s rights and options for responding to the seizure, including the right to request a hearing with the IRS Office of Appeals. It is important for taxpayers to respond to IRS notices promptly and seek professional advice if they are unable to pay the tax debt. By working with a qualified tax professional, taxpayers can explore their options for resolving the debt and avoid the stress and financial consequences of an IRS property seizure.
How Soon After the Final Notice of Seizure Will the IRS Take My Property?
The timing of an IRS property seizure after a final notice of intent to levy can vary depending on several factors, including the taxpayer’s specific circumstances, the location and availability of the property, and the workload of the IRS collection unit handling the case.
Generally, the IRS is required to wait at least 30 days after issuing a final notice of intent to levy before seizing the taxpayer’s property. This waiting period provides the taxpayer with an opportunity to respond to the notice and either pay the tax debt in full or make arrangements to resolve the debt.
During this time, the taxpayer may also request a hearing with the IRS Office of Appeals to challenge the proposed seizure or negotiate a payment plan or other resolution. If the taxpayer requests a hearing, the IRS must wait until the hearing is held and a decision is made before proceeding with the seizure.
It is important for taxpayers to take prompt action after receiving a final notice of intent to levy and seek professional advice if they are unable to pay the tax debt. By working with a qualified tax professional, taxpayers can explore their options for resolving the debt and avoid the stress and financial consequences of an IRS property seizure.
How Can a Tax Lawyer Help with an IRS Property Seizure?
A tax lawyer can provide valuable assistance to taxpayers facing an IRS property seizure. Here are some ways in which a tax lawyer can help:
Negotiate with the IRS: A tax lawyer can work with the IRS to negotiate a payment plan, offer in compromise, or other resolution to the tax debt that avoids property seizure.
Challenge the seizure: If the IRS has already seized property, a tax lawyer can challenge the seizure and argue that it was unlawful or disproportionate to the amount owed.
File an appeal: If the taxpayer did not receive proper notice or was denied a hearing, a tax lawyer can file an appeal with the IRS Office of Appeals.
Represent the taxpayer in court: If the case goes to court, a tax lawyer can represent the taxpayer and argue their case before a judge.
Help the taxpayer understand their rights: A tax lawyer can help the taxpayer understand their rights and obligations under the law, and provide guidance on how to respond to IRS notices and demands.
If you have received a notice from the IRS about seizing our property, complete our free consultation form to speak with a tax lawyer. A tax lawyer can help challenge the seizure and can negotiate with the IRS on your behalf.