California State Bank Levy | Tax Garnishment | Flat Fee Tax Service

California Franchise Tax Board (FTB) Bank Levy – How To Release And Resolve

The State of California is broke. Everyone knows this fact. The California Franchise Tax Board is very aggressive and very tough to negotiate with. We do not recommend you “go it alone.”

A California Franchise Tax Board bank levy (also wage levy) is a legal action by the State of California where funds are taken from a bank account (also your paycheck) of a tax debtor for back due tax debts. This state tax levy is called an “Order To Withhold,” FTB bank levies are difficult to release and in most situations a release is not possible especially if you are attempting to do so on your own.. If you have received a bank levy or wage levy, you should still proceed immediately on resolving your case as other collection action may be in the works.

When Is A California Franchise Tax Board Bank Levy Issued?

Tax Levies are issued to bank accounts after a final notice to the taxpayer is sent requesting them to resolve the balance and no contact or arrangements are made. Time beyond what is stated in the letter can be granted if you or your tax attorney call in to resolve the case. Doing nothing almost always eventually results in a levy on any bank account at a bank for which you have received a 1099. Often a California Franchise Tax Board lien has gets filed if it already is not on file.

Take immediate action on the debt on your own or hire a tax attorney to get things going. Otherwise you risk a FTB bank levy or wage levy. The best way to take action is to resolve the tax debt, which prevents the tax levy from happening in the first place.

Stopping A California FTB Bank Levy Before It Starts

A California Franchise Tax Board (FTB) bank levy is stopped when your case is resolved or pending resolution. Collection action is not stopped by filing an Offer In Compromise in all cases, but it is in most.

The four most common ways to resolve a balance with the FTB are:

An FTB Offer in Compromise is considered the best form of California tax forgiveness, but not everyone will qualify. A California Franchise Tax Board (FTB) bank levy or wage levy will not be issued if any of the other options is in place.

California Franchise Tax Board Levied My Bank Account! What Do I Do?

Release the Tax Levy, If Possible

Releasing the tax levy is very difficult. The majority of cases result in seizure of funds. The FTB issues an Order to Withhold. The bank holds funds for 10 days before being transferred over to the FTB. An extension on the FTB taking the money  can be issued by an FTB agent if you contact them and are dealing with them to try and get it released. The same holds true if your wages are levied.

There are three main ways to release a California Franchise Tax Board bank levy:

  • Prove a financial hardship (Currently not Collectible)
  • Show that the money belonged to someone else
  • Show that the tax levy took funds that are exempt from the tax levy
  • Prove another extraordinary circumstance

Proving Financial Hardship for A

FTB Bank Levy Release

Releasing an FTB bank levy by financial hardship is tough. Being elderly helps in this type of argument for a California Franchise Tax Board bank levy release as well. Eviction notices can help build your case as well. Financial hardship is tough to prove on your own. Even though you may qualify for a 12 month hardship on your case, this does not mean you are in hardship enough for them to release your bank levy every time. Do not wait until you get a better job or have more money to contact the FTB. You could get levied in the process.

The Money Is Not Mine! Release My Bank Levy!

A tax attorney holding money in trust for clients would get a release. Your grandma accidentally deposited her money into your bank. Prove it and that would get a release usually. In order to get this kind of FTB bank levy release you need good proof in the form of documentation. An explanation by itself is not going to work.

Exempt Funds From California Franchise Tax Board Bank Levies

Social Security income and veterans’ benefits are exempt from FTB levies.The funds can be released if they are levied by you or your tax attorney contacting the FTB. Other forms of public assistance are usually exempt as well. This is the easiest type of FTB bank levy release to get.

Other Extraordinary Circumstances for FTB Bank Levy Release

FTB bank levies can be released, but you must prove an extraordinary circumstance that makes sense to the FTB agent handling the case. Don’t count on the FTB agent accepting anything here.

The First Levy Won’t Be The Last If You Do Nothing

Get to resolving your case or hire a tax attorney to handle it for you once you receive a California Franchise Tax Board bank levy. Receiving the levy is a sign that your case is deep in collections. Do not plan on getting the levy funds back, but it might be possible. If you do it is a bonus.

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Stop IRS Wage Garnishment – Same Day | Flat Fee Tax Service

our clients with IRS wage garnishment have had their IRS wage stopped, released and removed in one (1) business day.

Flat Fee Tax Service can do this because our company of motivated tax professionals specializes in understanding exactly how the IRS works and what vital documentation is needed.

IRS wage garnishment and IRS Levies will be stopped, released and removed in one business day 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 and missing tax returns for every year have been filed with the IRS. Those tax returns include 1040’s, 1099’s, quarterly estimated tax payments, 940/941’s depending on the particular situation of the taxpayer.

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Our IRS Tax Attorneys will have an IRS wage garnishment stopped and released in one day.

The first thing to do in order to determine if you are in compliance with IRS regulations is to immediately contact the IRS upon receipt notice of an IRS garnishment or levy. Be advised that you need to be extremely cautious (the IRS is not your “buddy”) when contacting the IRS in regards your IRS income tax problem. Before the IRS will give you any information on 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 an IRS tax professional should contact the IRS on behalf of the financially struggling taxpayer. An IRS Tax Attorney does not have to release that personal information to the IRS. Our goal at this point is to determine if the taxpayer is in compliance with the IRS.

Everything is determined by the IRS computers and the automated collections system (ACS). 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 6 year’s worth of IRS tax returns or they may even go back to 15 year’s 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. Normally, the IRS will not release the wage garnishment until the tax returns are at least submitted for processing to the IRS.

Our IRS Tax Attorneys Have Had Great Success in Stopping an IRS Levy Prior to Filing Missing Tax Returns

If necessary, the tax return department at Flat Fee Tax Service, Inc. can expedite the preparation of your tax returns. Once it is determined that a taxpayer is in compliance, the next thing the IRS is looking for is a resolution to the outstanding income taxes owed to the IRS. A taxpayer will either need to enter into an Installment Agreement, be declared to be Currently not Collectible (CNC) or file an Offer in Compromise settlement (OIC).

Should the financially struggling taxpayer owe more than $25,000, the IRS will request your financial information through certain IRS Forms in order to determine how much, if anything, the taxpayer can afford to pay towards the entire income tax liability. If your file is being handled in the automated collections division, an IRS 433F form (a simplified Collection Information Statement) has to be prepared and submitted along with supporting documentation. If the file is with an IRS Revenue Officer, an IRS 433A form (a detailed Collection Information Statement) has to be prepared and filed with the Revenue Officer, also along with the supporting documentation. The IRS has many years of experience in squeezing uninformed taxpayers and 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, some taxpayers try to perform this procedure by themselves. Without an experienced tax professional involved, the IRS will simply drag their feet and prolongs the taxpayer’s agony 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 IRS 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.

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VERY, VERY IMPORTANT: There is a second method of having an IRS wage garnishment or IRS levy stopped, removed and released. Our IRS Tax Attorneys will initiate procedures to prove to the IRS that this IRS 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 levy 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 uphill 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.

FLAT FEE TAX SERVICE:

  1. Our Christian Values is why we do not have Client Complaints.
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  3. Our IRS Tax Attorneys work directly with you throughout your IRS resolution.
  4. Very Affordable Fees.
  5. Stop, Remove, Release IRS Wage Garnishment in One Day.
  6. 95% of our Client who has submitted an IRS Settlement have received a successful Offer in Compromise.
  7. Get the Fresh Start That You Need and Deserve.

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