IRS Bank Levy
Complete Guide to Understanding and Releasing IRS Bank Levies
An IRS bank levy allows the IRS to seize funds directly from your bank account to pay tax debt. Unlike wage garnishment which takes money over time, a bank levy is a one-time seizure of everything in your account up to what you owe.
What is an IRS Bank Levy? A bank levy (Form 668-A) is an IRS collection action that freezes and seizes money in your bank account. The bank holds your funds for 21 days before sending them to the IRS, giving you a limited window to resolve the issue.
How an IRS Bank Levy Works
When the IRS issues a bank levy, they send Form 668-A (Notice of Levy) to your financial institution. Your bank is legally required to freeze the funds immediately and comply with the levy.
The bank levy process works as follows:
- IRS issues levy: Form 668-A sent to your bank
- Account frozen: Bank immediately freezes funds up to the levy amount
- 21-day hold: Funds held for 21 calendar days
- Review for exemptions: Bank checks for protected federal benefits
- Funds sent to IRS: After 21 days, non-exempt funds transferred to IRS
Important: A bank levy only affects funds in your account at the time the levy is received. Future deposits require a new levy.
The 21-Day Holding Period
The 21-day holding period is your critical window to take action. During this time:
- Your funds are frozen but not yet sent to the IRS
- You can negotiate with the IRS to release the levy
- You can set up a payment plan or resolve the debt
- You can prove economic hardship to get funds released
Act immediately. Once the 21 days pass, your bank will send the frozen funds to the IRS and recovery becomes much more difficult.
What Happens When Your Account is Levied
When an IRS bank levy hits your account, you will likely experience:
- Frozen account access - You cannot withdraw levied funds
- Bounced checks - Outstanding checks may be returned
- Declined automatic payments - Bills, rent, and mortgage payments may fail
- Overdraft fees - Banks may charge fees for failed transactions
- Joint account impact - All funds in joint accounts can be seized
Contact your bank and billers immediately to prevent cascading financial damage from missed payments.
How to Release an IRS Bank Levy
There are several ways to get the IRS to release a bank levy. Act quickly during the 21-day holding period:
1. Pay the Debt in Full
The fastest way to release a levy. If you can pay the full amount owed (or borrow to pay it), the IRS will release the levy immediately.
2. Set Up an Installment Agreement
If you can afford monthly payments, the IRS will typically release the levy once you are approved for a payment plan. Call the number on your levy notice.
3. Prove Economic Hardship
If the levy prevents you from meeting basic living expenses (food, shelter, utilities, medical care), you can request release based on hardship. You will need to document your financial situation.
4. Request Currently Not Collectible Status
If your income and assets show you cannot pay anything, CNC status will release the levy and pause collection. Complete Form 433-F or 433-A.
5. Show the Levy Was Improper
If the IRS made an error (wrong person, already paid, improper procedure), you can request immediate release. Provide documentation proving the error.
6. Submit an Offer in Compromise
While an OIC will not immediately release a levy, requesting collection hold while preparing an OIC may pause action. This is a longer-term strategy.
Your Rights During a Bank Levy
As a taxpayer, you have important rights even when facing IRS collection:
- Right to Notice: The IRS must send Final Notice at least 30 days before levying
- Right to Appeal: You can request a Collection Due Process hearing
- Right to Hardship Review: You can claim the levy causes financial hardship
- Protected Benefits: Certain federal benefit payments have some protection
- 21-Day Window: Funds are held, not immediately seized, giving you time to act
- Taxpayer Advocate: You can request help from the Taxpayer Advocate Service
Bank Levy vs. Wage Garnishment
| Feature | Bank Levy | Wage Garnishment |
|---|---|---|
| Type | One-time seizure | Continuous withholding |
| Target | Current bank balance | Each paycheck |
| Holding Period | 21 days | None (begins immediately) |
| Exempt Amount | Protected federal benefits only | Based on filing status/dependents |
| Future Deposits | Requires new levy | Automatically affected |
| Form Used | Form 668-A | Form 668-W |
What NOT to Do
- Do not wait out the 21 days - Act immediately to maximize your options
- Do not transfer money to avoid the levy - This is illegal and can result in criminal charges
- Do not close your bank account - The IRS will find your new account and levy it
- Do not ignore future IRS notices - This will only lead to more levies
- Do not take out loans without a plan - Borrowing only helps if you also resolve the underlying debt
How to Prevent Future Bank Levies
- Respond to all IRS notices promptly - Do not let them escalate to Final Notice
- Set up a payment plan before collection threats - Proactive arrangements prevent levies
- File all required tax returns - Unfiled returns are a red flag to the IRS
- Stay compliant with current taxes - New tax debt can trigger new collection action
- Keep your address current with IRS - Ensure you receive all notices
- Request a CDP hearing within 30 days - Timely appeals can prevent levy action
Resolution Options That Can Release a Bank Levy
Currently Not Collectible (CNC)
If you cannot afford basic living expenses, CNC status releases levies and pauses collection
Installment Agreement
Set up affordable monthly payments to release the levy and prevent future seizures
Offer in Compromise
Settle your entire tax debt for less than you owe if you qualify
Frequently Asked Questions
What is an IRS bank levy?
How does the 21-day holding period work?
Can the IRS take all the money in my bank account?
Will the IRS levy my account again?
How do I get a bank levy released?
Can the IRS levy my account without warning?
What happens to automatic payments when my account is levied?
Can the IRS levy my business bank account?
Are any funds exempt from bank levy?
How long does it take for the IRS to release a levy?
Bank Account Levied?
Time is critical. Use our free tools to explore your options for releasing the levy and resolving your tax debt.
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Immediate Action Steps
- 1Call IRS at 800-829-1040
- 2Request levy release or payment plan
- 3Document financial hardship
- 4Contact billers about missed payments
- 5Consider professional help