IRS Notice of Intent to Levy
Final Notice of Intent to Levy – Letter 1058 or Notice LT 11
These letters are sent by certified mail to your last known address and allows the IRS to levy (take) levy bank accounts, garnish wages, and seize assets. The Final Notice of Intent to Levy gives you 30 days to file an administrative appeal for a “Request for a Collection Due Process or Equivalent Hearing.” A sample of the LT 11 form can be viewed here.
What does an appeal do?
This is considered your Collection Due Process. If you appeal, the IRS is prevented from further collection actions against your money or physical your property. Should you fail to properly file an appeal, the levy will become effective immediately and you should expect enforced collections by the IRS. By filing an appeal, however, your tax case is transferred from collection to the “Appeals Office,” where a collection alternative can be negotiated. Important note: it’s generally unwise for a taxpayer to advocate for him or herself, much like being one’s own lawyer in court. Engaging a tax professional is usually going to result in a more favorable outcome for the taxpayer. If the negotiation fails to reach a signed and agreed upon arrangement, you still have the right to file a Petition in Tax Court.
What an IRS Notice of Intent to Levy looks like:
Notice Of Intent To Levy And Notice Of Your Right To A Hearing
Please Respond Immediately
We previously asked you to pay the federal tax shown on the next page, but we haven’t received your payment. This letter is your notice of our intent to levy under Internal Revenue Code (IRC) Section 6331 and your right to appeal under IRC Section 6330.
We may also file a Notice of Federal Tax Lien at any time to protect the government’s interest. A lien is a public notice to your creditors that the government has a right to your current assets, including any assets you acquire after we file the lien.
If you don’t pay the amount you owe, make alternative arrangements to pay, or request an appeals hearing within 30 days from the date of this letter, we may take your property, or rights to property. Property includes real estate, automobiles, business assets, bank accounts, wages, commissions, social security benefits, and other income. We’ve enclosed Publication 594, which has more information about our collection process; Publication 1660, which explains your appeal rights; and Form 12153, which you can use to request a Collection Due Process hearing with our Appeals Office.
To prevent collection action, please send your full payment today.
* Make your check or money order payable to United States Treasury.
* Write your Social Security Number on your payment.
* Send your payment and the attached payment stub to us in the enclosed envelope. The amount you owe is shown on the next page.
If you have recently paid this tax or you can’t pay it, call us immediately at the above telephone number and let us know.
The assessed balance may include tax, penalties, and interest you still owe. It also includes any credits and payments we’ve received since we sent our last notice to you. Penalty and interest charges continue to accrue until you pay the total amount in full. We detail these charges, known as Statutory Additions, on the following pages.
Copy of this notice
Pub 594, IRS Collection Process
Pub 1660, Collection Appeal Rights
Form 12153, Request for a Collection Due Process Hearing