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Tax Levy - IRS Levy - Federal Payment Levy Program
IRS LEVY - FEDERAL PAYMENT LEVY PROGRAM (FPLP)
Tax Levy on Social Security and Other Federal Payments
In July 2000, the IRS, in conjunction with the Department of the Treasury, Bureau of Fiscal Service (BFS), started the Federal Payment Levy Program (FPLP) which is authorized by Internal Revenue Code Section 6331 (h), as prescribed by the Taxpayer Relief Act of 1997 Section 1024. Through this program, we can collect your overdue taxes through a continuous levy on certain federal payments disbursed by BFS.
The Federal Payment Levy Program (FPLP) allows the Internal Revenue Service (IRS) to apply a continuous tax levy on specific payments that are issued through the FMS. It is part of the Taxpayer Relief Act of 1997, Section 1024, IRS Code 6331.
The IRS can levy the following assets under the provisions of this program:
Employment retirement annuities for federal workers
1. Some federal salaries
2. Travel advances or reimbursements for federal employees
3. Some social security benefits (At least 15%)
4. Medicare provider and supplier payments
5. Benefits paid to you by the Railroad Retirement Board
6. Payments received by you as a contractor or vendor providing services for the federal government. This includes defenses contractors.
The IRS expects to expand FPLP in the future to include additional federal employee benefits and salaries. As a business owner, you may be able to appeal the IRS levy if you are in bankruptcy proceedings, can prove undue financial hardship, or have already made payment arrangements with the IRS.
As part of the FPLP, a file of delinquent accounts is transmitted to BFS to be matched against pending federal payments you are due. What that means is this: The IRS computer sends your name and address to the Financial Management System (FMS) and voila, you have a tax levy when matched.
When a match is found, the IRS will send you a Final Notice - Notice of Intent to Levy and Notice of Your Right to a Hearing, CP 90 or CP 297, if another Final Notice has not already been issued. See Tax Information for Appeals for additional information about your right to a hearing.
If the Agency doesn't hear from you within 30 days from the date of the Final Notice, they will transmit the tax levy electronically to BFS. This applies to all federal payments that can be levied except for certain Social Security benefits. See Publication 594, The IRS Collection Process, and Publication 1, Your Rights as a Taxpayer, for additional information.
NOTICE OF INTENT TO LEVY
When the database produces a match, the IRS sends a Final Notice of Intent to Levy and Your Right to a Hearing. If you do not respond to the letter within 30 days, the IRS notifies the FMS to withhold specific federal payments (Minimum of 15%) until there is a release of the tax levy.
MILITARY PENSIONS
In 2017, we began the process of levying 15 percent of Military retirement payments.
The Tax Attorneys at Flat Fee Tax Relief have routinely been successful in having an IRS levy stopped and released in one day. Having written that, when Social Security or military pensions are levied, the date when the "checks" are dispersed plays heavily in a levy release. It's possible that the IRS agrees to release the levy today, the levy release may not be read by the FMS computer in time to stop the levy. It's possible that you may lose one (1) full check.
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FLAT FEE TAX RELIEF