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.

FLAT FEE TAX SERVICE – TAX ATTORNEY – 1-866-747-7435

STOP A TAX LEVY

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IRS Fresh Start | Offer in Compromise | Flat Fee Tax Service

Are you, a financially struggling taxpayer, at loggerheads with the IRS over a tax return(s) from years ago? Your delinquent tax debt may be weighing on your mind, causing you anxiety and sleepless nights, but there’s a way you can put the matter to rest for good.

Your Fresh Start Strategy: Make the IRS an offer it can’t refuse.

The technical name given by the IRS for such a settlement arrangement is an “offer in compromise” (OIC).

The IRS is willing to go along with a settlement deal, but it won’t budge on the procedures. You must submit a formal settlement which is called an Offer in Compromise.

The tax professionals at Flat Fee Tax Service has a 95% success rate because we do not lie to our clients and give them false hope. Our IRS Tax Attorneys know what the IRS will accept as a settlement of your back tax debt.

Here’s the whole story: An Offer in Compromise settlement is an agreement between a financially struggling taxpayer and the IRS. A successful Offer in Compromise will settle for less than the full amount of back tax owed. If the liability can be fully paid through a normal installment agreement or other means, the taxpayer generally isn’t eligible for an Offer in Compromise.

You must be qualified and eligible. You, the struggling taxpayer, must have filed all tax returns, made all required estimated tax payments for the current year and deposited payroll taxes for the current quarter if he or she is a business owner.

An Offer in Compromise Settlement Is A Financial Formula.

The IRS will accept an Offer in Compromise settlement if the amount offered by the taxpayer is equal to or greater than what is termed, the “reasonable collection potential” (RCP).

The RCP includes the value that may be realized from the tax­­­­payer’s assets—such as real property, automobiles, bank accounts and other property—as well as anticipated future income (less certain amounts allowed for basic living expenses).

There Are Three (3) Reasons For An Offer In Compromise.

The IRS says it may accept an OIC based on three grounds.

1. Doubt as to Liability: This ground is only met when there is a genuine dispute as to the existence or amount of the correct tax debt under the law.

2. Doubt as to Collectibility: Doubt that the amount owed is fully collectible: Such doubt exists where the taxpayer’s assets and income are less than the full amount of the tax liability.

3. Effective Tax Administration: This occurs when there’s no doubt that the tax is legally owed and that the full amount owed may be collected, but requiring payment in full would create an economic hardship or be “unfair and inequitable” under the circumstances.

THE ONLY REASON THAT YOU NEED TO BE CONCERNED WITH IS:

DOUBT AS TO COLLECTIBILITY.

When submitting your Offer in Compromise (OIC) based on doubt of collectability, you must use the most current version of Form 656, Offer in Compromise.

Financial Statements: You will need to submit Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B (OIC), Collection Information Statement for Businesses.

When the IRS accepts your settlement offer, the IRS expects that you, the taxpayer, will have no further delinquencies and will fully comply with the tax laws. You will be required to file your taxes on time for five (5) straight years. If you owe the IRS any money ($), you will have to pay it with your tax return.

If you, the struggling taxpayer, doesn’t abide by all the terms and conditions of your successful Offer in Compromise settlement, the IRS may determine that your OIC is in default. If the IRS rejects your OIC, the taxpayer will be notified by mail.

Tip: The letter will explain the reason for the rejection and provide detailed instructions on how to appeal.

What does an Offer in Compromise cost?

Generally, a taxpayer must submit a $186 application fee for an OIC. Don’t combine this fee with any other tax payments. However, there are two exceptions to this requirement.

1. No application fee is required if the OIC is based on doubt as to liability.

2. The fee is not required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception.

The latter exception applies if the taxpayer’s total monthly income falls at or below 250% of the poverty guidelines published by the U.S. Department of Health and Human Services.

Tip: You may choose to pay the offer amount in a lump sum or through installment payments.

GREAT NEWS!

GREAT NEWS

The IRS, in the past two (2) years, has expanded the Offer in Compromise program and has been accepting more settlements than ever before. The new rules for a successful Offer in Compromise are contained in the IRS Fresh Start Initiative.

NOW IS THE TIME TO SETTLE WITH

THE IRS FOR LESS.

ARE YOU QUALIFIED AND ELIGIBLE?

Call Flat Fee Tax Service: 1-866-747-7435.

GET OUT OF DEBT WITH THE IRS.

Flat Fee Tax Service, Inc. will stop an IRS Levy (usually in 2 hours) and prepare your Offer in Compromise settlement for $1900.00:

1. Initial Fee of $190.00
2. 09 Monthly Fee Payments of $190.00
3. Total For Work: $1900.00

NO ONE CAN BEAT OUR AFFORDABLE FEES, MATCH OUR EXPERTISE AND MATCH OUR RECORD OF SUCCESS.

NO ONE DOES IT BETTER.

Flat Fee Tax Service.:

1. Guided by Christian Values.
2. Accredited by the Better Business Bureau.
3. 95% Tax Settlement Success Rate.
4. Experienced IRS Tax Attorneys will work directly with you.

Our Consultations Are Free And Confidential: 1-866-747-7435

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IRS LEVY – Stop IRS Levy in 1 Day – Flat Fee Tax Service

Flat Fee Tax Service is the nationwide leader in having an IRS Levy stopped within 1 to 2 business days. The key is being determined to get through to the IRS,  which can take hours, and find that IRS agent who will “listen” to your plea. Being diligent, determined are 2 attributes needed to achieve an IRS Levy release within 1 to 2 days. It also helps to know a “few tricks of the trade”. Flat Fee Tax Service, Inc. gets results.

http://www.flatfeetaxservice.us

What is an IRS Levy? An IRS Levy is a legal seizure of your property to satisfy a tax debt.  If you do not pay your taxes (or make arrangements to settle your debt), the IRS may seize and sell any type of real or personal property that you own or have an interest in.

An IRS Levy actually takes property that you hold (such as your car, boat, or house), or the IRS could levy property that is yours but is held by someone else (such as your wages (paycheck), retirement accounts, dividends, bank accounts, licenses (medical), rental income, accounts receivables, the cash loan value of your life insurance, or commissions) to satisfy the tax debt. The IRS could seize and sell property that you hold (such as your car, boat, or house), or the cash loan value of your life insurance, or commissions.

IRS WAGE GARNISHMENT
IRS Wage Garnishment

The IRS will usually levy only after these three requirements are met:

1. The IRS assessed the tax and sent you a Notice and Demand for Payment;

2.  You neglected or refused to pay the tax; and

3. The IRS sent you a Final Notice of Intent to Levy and Notice of Your Right to A Hearing (IRS levy notice) at least 30 days before the IRS levy. The IRS may give you this notice in person, leave it at your home or your usual place of business, or the IRS could send it to your last known address by certified or registered mail, return receipt requested. Please note: if IRS executes a levy on your state tax refund, you may receive a Notice of Levy on Your State Tax Refund, Notice of Your Right to Hearing after the IRS levy.

The IRS only has to send a notice once. You may not have actually received the IRS Notice to Levy.

An IRS Levy on your wages (paycheck), or federal payments (think Social Security or Social Security Disability / SSDI) or your bank account (this could be brokerage as well) will end:

1.  The IRS levy is released (that’s where Flat Fee Tax Service comes in),

2. You pay the IRS your tax debt (if you had the money to pay, you probably wouldn’t be in this mess),

3.  The time to collect the back tax expires for legally collecting the tax (Statute of Limitations).

A Bank Levy: If the IRS executes a levy on your bank account, your bank must hold funds you have on deposit, up to the amount you owe, for 21 days. This period allows you time to solve any problems from the IRS levy. After 21 days, the bank must send the money plus interest, if it applies, to the IRS. You could “discuss” your case with the person whose name appears on the Notice of Levy. If you do that, we will “wish you good luck”. The IRS has your money why would they give it back to you, an uninformed taxpayer? What would you tell them to “win your point”? Flat Fee Tax Service knows the points to argue.

Federal and State Levy Programs.  An IRS Levy on your federal payments through the Federal Payment Levy Program :

Under the Federal Payment Levy Program (FPLP), the IRS may levy (take) monies from the following federal payments that you may receive: retirement from the Office of Personnel Management, social security benefits / social security disability (SSDI), federal vendor payments, federal employee salaries, or federal employee travel advances and reimbursements. This program will electronically levy your federal payments paid through the Department of Treasury, Financial Management Service (FMS). If the IRS executes an electronic levy on your federal payments, the levy will take 15% from each of the payments until the account is resolved.

Manual IRS Levy (yes, the IRS can take your entire check).

The IRS is not limited by IRC 6331(h) to taking 15% of your paycheck, your Social Security or your Social Security Disability (SSDI) benefits. The IRS can issue a manual levy that can continuously take ALL of your Social Security / Social Security Disability (SSDI) benefits as well as your paycheck / wage under Internal Revenue Code section 6331(a), which permits an IRS Levy on all your wage, salary or other income [which would include Social Security / Social Security Disability (SSDI)]. The 15% automatic IRS Levy provision is a supplement to the manual IRS Levy power. The IRS can choose the manual approach if it deems fit and attempts to collect more than the automated 15%.

The IRS Can Execute an IRS Levy on your State Income refund and if you are from Alaska, they can take that “Permanent Fund Dividend” of yours.

Once the IRS Levy is Released, then what? You still have an IRS tax debt. Are you qualified for an Offer in Compromise or Penalty Abatement? Are you Currently Uncollectible? Will amending your Tax returns reduce your tax debt? These are questions that Flat Fee Tax Service can answer for you.

Your Flat Fee Tax Service “I need stop an IRS Levy” Hotline:

1 – 866-747-7435

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 “America’s Best & Most Affordable IRS LEVY TEAM”