Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Don’t Ignore that IRS Notice of Levy – And Don’t Fire the Employee

By Richard D. Tuschman on March 30, 2012
Email this postTweet this postLike this postShare this post on LinkedIn

An IRS ”Notice of Levy on Wages, Salary and Other Income” arrives in your mailbox concerning one of your employees? What do you do?

First, don’t panic.  This is primarily a problem for the employee, whom the IRS has identified as being delinquent in certain tax payments.

But don’t ignore the notice, either.  As the taxpayer’s employer, you have a legal obligation to levy the employee’s wages in accordance with the instructions set forth in the notice.

Ah, the instructions.  They are a bit complicated. So read them carefully.  Then read them again to be certain you know what you’re doing. Basically, though, you need to inform the employee immediately of the notice, give the employee three working days after you receive the notice to claim exemptions, and then calculate the amounts that are exempt from levy using IRS Publication 1494.  Then begin levying the employee’s wages until the IRS sends you a release of levy.  Note that the usual restrictions on the amount of wages that can be garnished do not apply to levies from the IRS or state taxing agencies.

Levying an employee’s wages is a major headache, right?  You bet.  Can you fire the employee for putting you through this?  No, at least not for a one-time levy.  A federal statute, 15 USC 1674 (part of the Consumer Credit Protection Act) provides:  “No employer may discharge any employee by reason of the fact that his earnings have been subjected to garnishment for any one indebtedness.”  So take an Advil, grab your calculator, and let the levying begin.

  • Posted in:
    Tax
  • Blog:
    HR Defense
  • Organization:
    Akerman LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo