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Tax Law

Tax Levy Attorney: When and Why to Use One

A tax levy is a legal procedure for collecting taxes owed to the IRS. A taxpayer may be required to pay taxes based on their net income or their assets. Taxes are typically collected by attaching property or assets to a lien (known as a tax lien). A tax levy involves the taking possession of a taxpayer’s property to pay off tax debt.

 

The IRS could initiate an action against a taxpayer for failure to pay his or her taxes in full. In order for the IRS to initiate such an action, it must have some evidence that the taxpayer has deliberately failed to pay tax debt. If the IRS has evidence that a taxpayer deliberately avoided paying tax levies, the IRS can place that person behind bars under the Baker-vard rule. The rule bars a person from knowingly failing to pay over penalties and interests. That is why it is best for taxpayers to seek the help of a Denver tax levy attorney when facing such a predicament. To contact a Denver tax levy lawyer, please visit www.coloradotaxattorneys.net/tax-levy-lawyer-denver-co/.

 

A tax levy attorney could also represent clients who have been IRS penalized for willfully neglecting to report investments, loans or bank accounts. Examples of such actions include: failing to disclose tax payments; reporting late payments and dividends earned; reporting withdrawals or disbursements from retirement accounts; and structuring bank account transactions in order to avoid detection. The penalties imposed by the IRS can run as high as $10k per crime. It could even encompass criminal prosecution. If you were to go to the attention of the IRS with regards to such actions, you may stand a good chance of receiving a fine.

 

When taxpayers receive a final notice of intent to levy, they have just days to respond. Usually, taxpayers have thirty-five days within which to submit a reply to the notice of deficiency. An expert Denver tax lawyer will know whether to file a motion in opposition to the notice or accept the IRS’s offer to settle the delinquency. In cases where an appeal is not possible, it is advisable for taxpayers to request a final notice of deficiency opinion.

 

One of the most common reasons why taxpayers receive a levy is when they do not disclose bank or other financial information necessary to avoid the notice of deficiency. In this case, the bank will issue a final notice of deficiency stating that the taxpayer is liable for taxes on the unpaid balance. The bank then seizes the property and sells it to recoup losses. A Denver tax levy attorney can stop this from happening. They may even be able to prevent the bank from proceeding with the sale if they are successful in court.

 

In addition, tax levy attorneys can help taxpayers deal with collection agencies by providing advice on how to handle them. Many times, taxpayers fall behind on their taxes because of an unavoidable emergency, such as losing a job or suffering through a major medical condition. In these cases, the tax levy lawyer may advise the taxpayer to seek a compromise that will allow him or her to pay the funds he or she owes without going into bankruptcy. The compromise may involve a simple loan from the bank to cover the deficit, repayment arrangements with the IRS or a complete settlement with the government.