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Wage Levy vs. Bank Levy

One is continuous and partly exempt. The other attaches once to what was there. And the IRS uses two different verbs about releasing them.

Quick Answer

Two differences do most of the work. Duration: a wage levy takes part of every pay period until it is resolved, a bank levy attaches once to what was there when it landed. And release on hardship: the IRS states in consecutive sentences that a wage levy causing immediate economic hardship "MUST be released" and a bank levy causing it "MAY be released". Must, then may — the words are the IRS's and this page does not soften either. A third difference matters if you are inside it: a wage levy has an exempt amount computed from a statement you return within three days, and returning it late means the exempt amount is figured as married filing separately with no dependents, which is the smallest figure the table produces.

1

Wage levy (Form 668-W)

Advantages

  • Part of your pay is exempt. The IRS states the exempt amount is based on the standard deduction and an amount determined in part by the number of dependents you are allowed for the year the levy is served.
  • The IRS states that if a wage levy is creating an immediate economic hardship, the levy MUST be released.
  • The employer receives Publication 1494 with the levy, which explains how to compute the exempt amount.

Disadvantages

  • It is continuous. The IRS states part of your wages will be sent to it EACH PAY PERIOD until you make other arrangements, the amount is paid, or the levy is released.
  • The exempt amount depends on a form you return in three days. The IRS states that if you do not return the Statement of Dependents and Filing Status within three days, the exempt amount is figured as if you were married filing separately with no dependents.
  • A separately paid bonus is not separately exempt. The IRS states it would receive the entire bonus, because the exempt amount is based on the pay period.
  • The IRS states that where you have other income sources it may allocate the exemptions elsewhere and levy 100% of the income from a particular employer.

Best For

What it attaches to: pay, continuously, until one of three things happens.

Typical Cost

No fee is published for either levy.

VS
2

Bank levy (Form 668-A)

Advantages

  • There is a waiting period. The IRS states the Internal Revenue Code provides a 21-day waiting period before the bank complies, intended to allow you time to contact it and arrange to pay or to notify it of errors.
  • It is a one-time attachment. The IRS states funds are frozen as of the date and time the levy is received.
  • The IRS states that NORMALLY the levy does not affect funds you add to the account after the date of the levy.

Disadvantages

  • Nothing in the account is exempt in the way wages are. There is no equivalent of the Publication 1494 computation.
  • On hardship the verb changes. The IRS states that if a bank levy is creating an immediate economic hardship, the levy MAY be released.
  • Read the hedge on later deposits. "Normally" is the IRS's word, and it is not a guarantee.

Best For

What it attaches to: what was in the account when the levy arrived.

Typical Cost

No fee is published for either levy.

The Verdict

Two differences do most of the work. Duration: a wage levy takes part of every pay period until it is resolved, a bank levy attaches once to what was there when it landed. And release on hardship: the IRS states in consecutive sentences that a wage levy causing immediate economic hardship "MUST be released" and a bank levy causing it "MAY be released". Must, then may — the words are the IRS's and this page does not soften either. A third difference matters if you are inside it: a wage levy has an exempt amount computed from a statement you return within three days, and returning it late means the exempt amount is figured as married filing separately with no dependents, which is the smallest figure the table produces.

Frequently Asked Questions

How much of my pay can the IRS take?
Not a percentage. The IRS states the exempt amount is based on the standard deduction and an amount determined in part by the number of dependents you are allowed for the year the levy is served, and that Publication 1494 goes to the employer with the levy explaining how to work it out. There is no percentage cap on an IRS wage levy.
Is money I deposit after a bank levy safe?
The IRS states that "normally, the levy does not affect funds you add to your bank account after the date of the levy". That word is the IRS's hedge and this page will not remove it.
Can either be released for hardship?
The IRS states a wage levy causing immediate economic hardship must be released, and a bank levy causing it may be released. It defines economic hardship as occurring when it has determined the levy prevents you from meeting basic, reasonable living expenses.
What is the three-day form?
The Statement of Dependents and Filing Status. The IRS states your employer provides it with the levy and you complete and return it within three days. If you do not, the exempt amount is figured as if you were married filing separately with no dependents.

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Sources

Sourced to primary IRS materials and editorially reviewed. Not reviewed by a tax professional. Not tax advice. Report a correction.