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Can the IRS take a family health and savings account as disposable income"

De Pere, WI |

IRS has taken my health and savings account for my family twice in 1 month. I am on workman's comp since Jan 2013

Attorney Answers 3


  1. Yes, unfortunately so. Time to work out some type of payment arrangement with them or they'll continue to drain assets.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.


  2. Yes. Please contact an attorney. Best

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


  3. You need to try to reach an accord with the IRS. They can and will continue to garnish the account. I urge you to seek qualified legal counsel to assist you. It sounds as though you have not been able to do so on your own. Best of luck to you.

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