Atlanta, GA Tax Lawyer stopping IRS Levy
Was Your Bank Account Balance Frozen by the IRS?
If the IRS determines that you owe back taxes, it may freeze funds in a bank account in your name. The agency will accomplish this by sending notice of a levy to the bank. Once the bank receives the notice, funds up to the amount of taxes that you allegedly owe will be frozen immediately.
After 21 days, the frozen funds will be turned over by the bank to IRS unless you:
- Contact the IRS before the end of that time period (or a representative with power of attorney for you does so) and
- Arrange to pay the taxes or
- Prove that the funds in the account are not yours to take (for example, if the money belongs to a family member or someone else who allowed you to put your name on the account) or
- Prove that the IRS levy is in error; or
- Show that IRS violated due process or correct procedure in issuing the levy notice.
To prevent or reverse the freezing of your bank account funds by the government, work closely with an attorney with detailed knowledge of the methods of the IRS. Bomar Law Firm’s attorneys include a former IRS Office of Chief Counsel attorney. Our clients directly benefit from his knowledge and experience regarding IRS processes and ways to overcome tax collection methods like a frozen bank account.
Overcoming Feelings of Shock and Take Action
Do not let a sense of shock stop you from getting counsel on your tax problems as soon as possible. You may have been caught unaware if you did not receive or pay attention to notices the IRS sent to you before freezing funds in your account.
To prevent the freezing of your funds, you would have needed to make payment arrangements or prove that the tax bill was in error. A skilled tax attorney who handles litigation is your most important ally at this point. If you have received a notice of impending freezing of funds, explore your options with the help of an Atlanta, GA tax attorney at Bomar Law Firm, LLC.
The Funds Are Frozen, Not the Account
Keep in mind that an IRS bank account freeze will only apply to money that was in the account at the time. The account itself will not be frozen, in almost all cases. If you add money to a bank account that the IRS has frozen, the new deposits should still be usable as usual, but you will not be able to use the frozen portion of your account until you take action to remove the levy. In sum, a bank account freeze by the IRS means that a specific amount will not be available for withdrawal, up to the total amount of your back taxes or the total assets of the account.