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Releasing Levies and Levied Property - uncollectible, significant hardship

Releasing a levy

We must release your levy if any of the following occur:

  • You pay the tax, penalty, and interest you owe.
  • We discover that the time for collection (the statute of limitations) ended before the levy was served.
  • You provide documentation proving that releasing the levy will help us collect the tax.
  • You have an installment agreement, or enter into one, unless the agreement says the levy does not have to be released.
  • We determine that the levy is creating a significant economic hardship for you.
  • The expense of selling the property would be greater than the fair market value of the property.

Releasing your property

Before the sale date, we may release the property if:

  • You pay the amount of the government's interest in the property,
  • You enter into an escrow arrangement,
  • You furnish an acceptable bond,
  • You make an acceptable agreement for paying the tax, or
  • The expense of selling your property would be greater than the fair market value of the property.

Returning levied property

We can consider returning levied property if:

  • We levy before we send you the two required notices, or before your time for responding to them has passed (10 days for the Notice and Demand; 30 days for the Notice of Intent to Levy and the Notice of Right to a Hearing).
  • We did not follow our own procedures. 
  • We agree to let you pay in installments, but we still levy, and the agreement does not say that we can do so.
  • Returning the property will help you pay your taxes. 
  • Returning the property is in your and the government's best interest.

Per IRS Website - 10/2005

   Above limited information is intended for informational purposes only.  If legal advice or other expert assistance is required, the services of a competent professional should be sought, and this general information should not be relied upon without such professional assistance.

When the IRS wants you ... you want 

For assistance please contact A. Nathan Zeliff, Attorney at Law




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