When you owe the IRS money, the government has many tools at its disposal to collect that money from you. One of its most powerful tools is wage garnishment, in which the government notifies your employer to send the IRS a portion of your paycheck. If you’re facing wage garnishment, you can stop it in its tracks, but you’ll need the help of a qualified IRS tax attorney.
Get in Compliance
Before you can get a garnishment released you’ll need to be in compliance with the IRS. Basically, this means you’ll need to have filed all your taxes, sometimes for up to 15 years. Depending on your circumstances, you might need to file any of the following:
- 940s or 941s
- Estimated quarterly tax payments
To ensure you haven’t forgotten anything, your tax lawyer will review your records and pull together all missing tax returns. Your lawyer can then send this information to the IRS so that it gets entered as soon as possible into the IRS computers.
Resolving Unpaid Taxes
Once you are in compliance, the IRS will want to see that you have some plan for paying your unpaid taxes. You have several options, which you should talk about with your tax attorney, including the following:
- A payment plan.
- A partial payment plan.
- An offer in compromise, which allows you to pay less than you owe.
- Getting declared non-collectible.
Before deciding how to pay your unpaid taxes, the IRS will request detailed financial information from you. For example, you might need to complete a simplified Collection Information Statement (Form 433F) or a detailed Collection Information Statement (Form 433A). The exact form will depend on who is handling your case. You’ll be most successful getting the garnishment released if you complete this paperwork with a tax attorney who is familiar with the process and can expedite then submit it on your behalf to the IRS.
Prove the Garnishment is a Hardship
Taxpayers also have another option for getting a garnishment released: they can argue to the IRS that the wage garnishment is a true and immediate hardship. For example, you’ll need to argue food, transportation, or housing is at immediate risk if you don’t have money to pay your bills. If you’re on the verge of being kicked out of your apartment for not paying rent, then you might qualify.
Unfortunately, the IRS has no incentive to release your garnishment even if it is a hardship, so you’ll need a skilled IRS tax lawyer in your corner to make your case to the IRS.
Contact an Atlanta Tax Lawyer Today
IRS wage garnishments take money away from you and your family which could be spent on necessities, such as your rent, bills, or medical care. To stop a wage garnishment in its tracks, you’ll need tough legal counsel. Jeff Cohen, Attorney at Law, has been practicing IRS law for over 30 years and knows how to stop a garnishment fast. Contact him today at 404-937-1414 or complete an online contact form. Also serving Marietta, Georgia.