I have to start by stating that this “Final Notice notice of intent to levy and notice of your rights to a hearing, please respond immediately” is one of the most important and urgent IRS notice a taxpayer may receive, and although it is so important as it would lead to levying your bank accounts, paychecks etc., many taxpayers unintentionally ignore it. You MUST attend to this Final levy notice right away as it comes with rights to appeal and resolve your unresolved tax debt. Learn more about CDP collection due process and form 12153.
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Can you explain IRS Form 12153 CDP to me?
IRS Form 12153 CDP is a form that taxpayers can use to request a Collection Due Process (CDP) hearing with the Internal Revenue Service (IRS). A CDP hearing is a taxpayer’s opportunity to challenge the IRS’s decision to levy their property or file a tax lien.
To request a CDP hearing, taxpayers must file Form 12153 within 30 days of receiving a notice from the IRS that they intend to levy their property or file a tax lien. The form can be mailed to the address listed on the notice.
Taxpayers who file Form 12153 must include the following information:
- Their name and address
- The tax year(s) that are the subject of the levy or lien
- The amount of tax that is owed
- The reason why they believe the levy or lien is inappropriate
The IRS will then review the taxpayer’s request and schedule a CDP hearing. The hearing will be held before an appeals officer from the IRS Office of Appeals.
At the hearing, the taxpayer will have the opportunity to present their case to the appeals officer. The appeals officer will consider all of the evidence presented by the taxpayer and the IRS before making a decision.
The appeals officer may uphold the IRS’s decision to levy or file a tax lien, or they may modify or reverse the decision. The appeals officer’s decision is final and cannot be appealed to the courts.
If the taxpayer is not satisfied with the appeals officer’s decision, they may file a petition with the Tax Court. The Tax Court is the only court that has jurisdiction to hear challenges to the IRS’s collection actions.
The CDP hearing process is an important opportunity for taxpayers to challenge the IRS’s decision to levy their property or file a tax lien. If you have received a notice from the IRS that they intend to levy your property or file a tax lien, you should contact an experienced tax professional to discuss your options.
Here are some additional things to keep in mind about the CDP hearing process:
- The CDP hearing is an informal hearing. There is no need to be represented by an attorney, but it is a good idea to bring someone with you who can help you present your case.
- The appeals officer will be familiar with the law and the IRS’s collection procedures. They will be looking for evidence that supports the taxpayer’s case.
- The taxpayer has the burden of proof at the CDP hearing. This means that the taxpayer must prove that the levy or lien is inappropriate.
- The appeals officer will make a decision based on the evidence presented at the hearing. The appeals officer’s decision is final but if you disagree, you can proceed with tax court.
If you are facing a levy or lien from the IRS, it is important to understand your rights and options. The CDP hearing process is an important opportunity to challenge the IRS’s decision and protect your property.