Skip to main content

Can the irs take my 401k for back taxes?

San Mateo, CA |
Filed under: Tax law

i owe back taxes approx. 40k before interist

Attorney Answers 2


The short answer is yes.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this posting provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this posting cannot be used to eliminate penalties with the IRS or any other governmental agency.

Mark as helpful


Yes they can assuming that they have filed a Notice of Federal Tax Lien and they have sent a Final Notice of Intent to Levy to your last known address. Typically, in such a situation, they will only demand something like half of the retirement account (assuming you are not of retirement age) because such a seizure will create additional taxes and early withdrawal penalties.

Mark as helpful

1 found this helpful

Tax law topics

Recommended articles about Tax law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics