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How Does An Employer Comply With An Irs Wage Levy?: What You Should Know

Levy | Internal Revenue Service How a Worker will Respond to an IRS Wage Levy If you've been assigned a levy on your wages, you must respond in writing to the IRS by filing form W-3 by Feb. 15 of your tax year. The wage order is not binding on you if you later file a claim for refund, claim under the Federal Insurance Contributions Act (FICA), or file a claim for refund with the IRS. Form W-3 | Internal Revenue Service You can be assessed an even higher levy for certain types of income, such as those from certain types of business income. You'll be considered to have “grossed up” your gross income and have been assessed a higher levy.  Levy | Internal Revenue Service If you are assessed a levy on a tax year that ends before your tax return is due, you may be able to take some or all of the levy off your tax return, at your option, within 10 days. Contact the IRS to find out if you are eligible  What is the filing deadline for Wage Levies? You must file your return or claim for refund by February 15. See the IRS website for more information. If it is not timely filed, or you claim a refund that you do not file by the filing deadlines, the balance of the levy cannot be recovered from you because it expired before your tax return was due. If you are an employee, claim your refund on time on your tax return You are not required to claim a refund on your tax return if: 1) you paid your tax as required and were not forced to file a claim for the refund 2) you had withheld and paid a wage levy on taxes you earned during the year 3) you were forced to pay the levy by  the filing of a federal tax return to the U.S. (as opposed to the country in which you worked) If you are an individual, and you are required to file a tax return to claim a refund of the tax you paid; See  If you are not an individual and have made an election to file your return on Form 1040X and are required to file a tax return as an employee; The amount of the levy on your wages for the year cannot exceed 25% of your adjusted gross income.

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