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For unpaid taxes can the IRS garnish my Social Security Disability Money?

Parrish, FL |

IF I have a tax lien can the IRS take some part of my Social Security Disability pay that I receive? If the IRS does, do they keep taking monthly amounts until the tax lien owed is payed off?

Attorney Answers 3


The IRS is not restricted from taking your social security disability money like other creditors are. So I would consider it urgent that you retain representation to resolve this problem. With proper representation, you may be able to have the IRS hold that this debt is uncollectible or you may be able to discharge this debt in a bankruptcy.

The precise details make all the difference as to what options are available to help you.

Hope this perspective helps!

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I suggest you seek the help of a tax professional in this matter as the IRS through the Federal Payment Levy Program (FPLP), can take 15% of Social Security benefit payments outlined in Title II of the Social Security Act, Federal Old-Age, Survivors, and Disability Insurance Benefits, to pay your delinquent tax debt.

Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, any tax advice contained in this communication, including attachments thereto, was not written to be used and cannot be used for the purpose of (a) avoiding tax-related penalties under the Internal Revenue Code or (b) promoting, marketing or recommending to another party any tax-related matters addressed herein. If you would like a written opinion upon which you can rely for the purpose of avoiding penalties, please contact Steven F. Schroeder using the contact information set forth above.

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If you owe taxes to the IRS, and If the IRS takes collection action, which will probably happen if they are ignored, and an attempt is not made to obtain a resolution, they can garnish 15% of your Social Security that you receive each month. That monthly garnishment will remain until the tax due and owing is paid off, including interest and penalty that is accruing. Any lien filed by the IRS will not have the actual pay-off, as it represents a balance due at one moment in time.

It is preferable to contact them and work something out, or find representation that can do it for you, but the worst thing in general is to ignore it. And, as pointed out, depending on what else you have, like a bank account, the IRS can do more than just go after that. There are usually a few options available before the IRS goes to garnish anything.

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