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:
- Pay In Full – Pay off the debt completely – This is probably not an option.
- Payment Plan – Paying off the debt in monthly payment
- Offer In Compromise – Settling a tax debt for less than the amount owed
- Hardship Request – Tax debt collections are stopped for one year (six months in some cases)
- File Bankruptcy – Stops the FTB from taking any further collection action
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.
FLAT FEE TAX SERVICE – TAX ATTORNEY – 1-866-747-7435
STOP A TAX LEVY