WAGE GARNISHMENT
A Wage Garnishment results from aLevy being issued from a delinquent tax liability. Garnishment rules vary, but essentially the IRS takes a portion of your paycheck each pay period and contributes the amount garnished towards paying off your tax debt. The Garnishment will remain in place until the tax is paid in full or until a Garnishment release has been processed.
Having your wages garnished is frequently a stressful and financially debilitating experience for consumers calling for tax relief. Our office will work to immediately contact the IRS to attempt to release your wages from garnishment and structure a solution to resolve the underlying tax liability. This may be an Offer in Compromise, Installment Agreement, or complete elimination of the tax liability.
TYPES OF INCOME: Salaries, wages, bonuses, commissions, and retirement or pension earnings are all subject to some level of garnishment.
If you want to avoid Wage Garnishment, you'll need to contact our office as soon as an "Intent to Levy" or "Notice of Levy" letter is received. You don't want to deal with the embarrassment of having your employer receive an "Order to Withhold Taxes" letter for your wages. Finally, get our office on your side. We will contact the IRS to negotiate stopping a wage garnishment.
The Wage Garnishment Process
:
- IRS sends a Notice and Demand for Payment.
- If you don't pay the tax, the IRS will send a "Final Notice" 30 days before the wage garnishment begins.
- The Final Notice may be served by the IRS in person, at the taxpayer's home or place of business, or via Certified Mail. The taxpayer doesn't need to actually receive the notice for it to be valid (they may not have a current address for you). As a result, some taxpayers get wages garnished without ever receiving a notice.
Federal law limits the maximum amount that can be garnished to the lesser of 25% of your disposable income or 25% of your weekly wages that are over 30 times the minimum hourly wage. If it's child or spousal support, up to 50 percent of your disposable income can be garnished. Your income typically can't be garnished if it comes from Social Security, retirement plan or public assistance benefits. In addition, your income usually can't be garnished if it comes from workers' compensation awards, unemployment benefits or disability benefits.
(One thing to know is your employer can't fire you because of the inconvenience of dealing with a garnishment for a tax debt. You can, however, be fired for having more than one wage garnishment.)
Tax attorney Sherri Carver has the knowledge and the experience necessary to assist you with Wage Garnishment. Dealing with tax problems can be one of the most stressful times of anyone's life; Don't handle it alone! You need a tax attorney who understands tax law and how to help you end your tax problems.
Contact Our Office today for a free consultation regarding your tax problems!