Effect of an Offer in Compromise on IRS levy or lien
An Offer in Compromise will have no effect upon a tax lien. The lien will remain in effect until the offer is accepted by the IRS and the full amount of the offer has been paid in full. Once the offered amount has been paid, the taxpayer should request that the IRS remove the lien. An offer in compromise will stop tax levies under section 301.7122(g)(1) of the US Federal Tax Regulations.
That regulation states that the IRS will not levy upon a taxpayer's property while a valid offer in compromise (an offer that has been accepted for processing) is pending and, if rejected, for thirty days after the rejection. If the taxpayer appeals the rejection, the IRS cannot levy while the appeals process is ongoing. If a levy is in place when the offer is submitted, it is not automatically released.
STEPHEN B JORDAN EA • Personal & Small Biz Accountant since 1987 • 3A-s: Accurate, Accountability, Affordable! Specializing in individuals, small biz, tax controversy, QuickBooks®. If you or your company want to reduce taxes and optimize cash-flow, give us a call. We'll give you our best people. Reputation for diligent, honest and comprehensive preparation of personal & biz returns to maximize your success. Past due returns our specialty! Accountant, Author, Writer, Speaker
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I have been reading a lot on irs wage levy lately. I thought that as soon as you paid the amount that you owe the levy and lien would go away instantly. I didn't know that you have to request to get it taken off. Did you know that the IRS can still come after you after 31 years. I just read that in another post. Thanks for the great information Steve.
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