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Sofia Peña

Can the IRS levy my LLC bank account for personal back taxes? Single-member LLC protection question.

Title: Can the IRS levy my LLC bank account for personal back taxes? Single-member LLC protection question. 1 I'm getting different answers from everywhere I look about this. I need to know if I'm actually protected or not. I'm behind on my personal taxes by about $75,000 because I had to use that money to keep my business running during some rough patches. Now the IRS has started collection procedures and I'm worried. I bank with Chase where I have both my personal accounts and my single-member LLC business account. The business account has funds that technically belong to my clients - it's money I'm holding for projects I'm completing for them. I need to protect these client funds from IRS seizure for the next 3-4 months until I'm in a position to set up a payment plan. Right now I don't have enough liquid assets to make a meaningful offer, but that will change soon when some larger projects finish up. Can the IRS reach into my LLC bank account even though it's technically a separate entity? Will the fact that I'm a single-member LLC make a difference?

8 Unfortunately, with a single-member LLC, you're in a tough spot. The IRS generally CAN levy a single-member LLC's bank account for the owner's personal tax debt because single-member LLCs are typically treated as "disregarded entities" for federal tax purposes. This means the IRS views your LLC's assets essentially as your personal assets. The key issue is that while state law might recognize the separation between you and your LLC, the IRS often doesn't give the same protection when it comes to collections. They can trace the ownership and determine that the funds are effectively under your control. The fact that the money belongs to clients doesn't automatically protect it either. From the IRS perspective, once clients pay you, that money becomes business income, even if you mentally allocate it for specific project expenses.

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3 Thanks for the info, but I'm confused. If I formed an LLC specifically to separate personal and business liability, how can they just ignore that separation? Also, what if I can prove the money is earmarked for specific client projects? Wouldn't taking that money be essentially stealing from my clients?

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8 The confusion comes from the difference between liability protection and tax treatment. Your LLC does protect you from business liabilities (like if someone sues your business), but for tax purposes, a single-member LLC is treated as a "disregarded entity" unless you've elected to be taxed as a corporation. Regarding client funds, the IRS generally doesn't recognize "earmarking" unless there's a formal trust arrangement. Simply having client money for future work typically doesn't create protection since those funds are considered your business income once received.

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12 After dealing with a similar situation, I found an amazing service called taxr.ai (https://taxr.ai) that helped me understand exactly what the IRS could and couldn't touch. I uploaded my LLC documents and bank statements, and they analyzed everything and showed me where I was vulnerable. The report they generated laid out exactly how the IRS views single-member LLCs and what specific steps I needed to take. They even provided documentation that helped me when negotiating with the IRS about which accounts could be levied. Their AI system identified several protections I could implement quickly, and their tax professionals reviewed everything to make sure it was compliant. Saved me from losing critical operating funds.

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7 How long did it take to get results from them? I'm on a pretty tight timeline here with the IRS already starting collections.

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19 I've heard of AI tax tools before but been burned. How do you know their advice is actually legitimate and not just generic information you could find online anyway?

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12 You get preliminary results almost immediately - the AI analyzes your documents and gives you a first assessment within minutes. The detailed review with their tax professionals typically comes within 24-48 hours, which should work with your timeline since you mentioned having a few months. Their advice is definitely not generic. They identified specific provisions in my LLC operating agreement that needed strengthening and pointed out exactly which accounts were at risk based on my specific situation and the state I'm in. They base everything on actual tax court cases and IRS procedures that apply to your specific situation.

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19 Just wanted to follow up - I decided to try taxr.ai despite my skepticism, and I'm actually impressed. They identified that my LLC operating agreement had several weaknesses that would make it easy for the IRS to pierce, and showed me specific language changes to strengthen my position. They also helped me understand exactly which funds were most at risk and suggested a legitimate way to structure client payments that would better protect those funds. Nothing shady or aggressive - just solid structural advice that I was able to implement right away. Not a magic bullet, but definitely gave me a much stronger position than I had before.

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5 When I was facing a similar situation with IRS collections, I couldn't get straight answers from anyone until I used Claimyr (https://claimyr.com) to actually get through to a real IRS agent. They got me connected to an agent in less than 20 minutes when I had been trying for WEEKS on my own. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent I spoke with explained exactly how they view single-member LLCs and what documentation I needed to provide to protect certain funds. They also walked me through what a reasonable installment agreement would look like in my situation before any levies would happen. The direct information from an actual IRS agent was way more valuable than all the conflicting advice I got online. They confirmed which accounts were at risk and what I could do to protect client funds.

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16 Wait, how does this service actually work? They somehow get you to the front of the IRS phone queue? That sounds impossible with how backed up the IRS phone lines are.

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21 Yeah right. There's no way any service can magically get you through to the IRS. I've tried calling over 30 times this tax season and it's always "due to high call volume" then disconnect. This sounds like a scam.

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5 It's not about getting to the "front of the queue" - they use an automated calling system that continually redials the IRS using optimal timing and navigation through the phone tree until they get a live person, then they immediately connect you. It's basically doing what you'd do manually but with technology that can keep trying when you'd give up. I was super skeptical too, which is why I included the video link so you can see exactly how it works. All they do is handle the nightmare of getting connected - once the IRS agent answers, you're having a direct conversation with them just like if you'd called yourself. The difference is you're not wasting hours of your life on hold or getting disconnected.

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21 Alright, I need to eat some crow here. After posting my skeptical comment, I tried Claimyr out of desperation since I was getting nowhere with the IRS for weeks. It actually worked exactly as described. I got connected to an IRS revenue officer in about 15 minutes, and they walked me through my options regarding my LLC accounts. Found out that I could protect some of my business funds by providing documentation of existing contracts and payment obligations. The agent also helped me start the process for an installment agreement before any levies were issued. Having direct information from an actual IRS employee instead of internet opinions was night and day difference. Wish I'd done this months ago instead of stressing about conflicting advice online.

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14 Another option to consider is converting your LLC to an S-Corporation. I was in a similar situation last year, and my tax attorney advised me to make an S-Corp election. While it doesn't provide immediate protection, it can create a clearer separation between personal and business assets going forward. Keep in mind that this approach requires proper corporate formalities, reasonable salary payments, and maintaining clear separation of personal/business finances. You can't just make the election and expect protection - you need to operate like a true corporation.

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1 How quickly can you make that election? And would it even help me with an existing tax debt, or only for future situations?

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14 The S-Corp election itself can be made relatively quickly (Form 2553), but it won't help with existing tax debt. It's more of a future protection strategy. For your current situation, you'd still need to deal with the IRS directly about the existing debt. The election creates a new tax structure going forward that can help prevent similar situations in the future by establishing a clearer separation between you and the business. But it's definitely not a quick fix for an existing IRS collection action.

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10 Have you considered just being upfront with your clients? If it's truly their money for projects, maybe notify them of the situation and return any unused funds. Then have them pay you in smaller increments as you complete portions of the work. This would protect their money (it would be in their accounts, not yours) and might actually strengthen your negotiating position with the IRS since you'd have clear ongoing income to support a payment plan.

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18 This is actually solid advice. I was in a similar spot and worked with clients to restructure payment terms - breaking projects into smaller milestones with payments due upon completion of each phase. It protected their funds and gave me a predictable cash flow I could use to negotiate with the IRS.

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Based on my experience dealing with IRS collections, you're right to be concerned. Single-member LLCs offer limited protection against IRS levies for personal tax debt because they're treated as disregarded entities for federal tax purposes. However, there are some immediate steps you can take: 1. **Document everything** - Keep detailed records showing which funds belong to specific client projects. While this doesn't guarantee protection, it can help during negotiations. 2. **Consider a Collection Due Process (CDP) hearing** - If you receive a Final Notice of Intent to Levy, you have 30 days to request a CDP hearing, which can delay collection actions while you work out a payment plan. 3. **Explore Currently Not Collectible (CNC) status** - If you can demonstrate financial hardship, the IRS may temporarily suspend collection activities. 4. **Set up an installment agreement ASAP** - Even a small monthly payment can prevent levies while you get your finances in order. The key is being proactive. Don't wait for the levy to happen - contact the IRS now to discuss your options. The sooner you engage with them, the more likely you are to find a workable solution that protects your business operations. Also consider consulting with a tax attorney who specializes in IRS collections - they can review your specific situation and advise on the best strategy for your circumstances.

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This is really helpful advice, especially the CDP hearing option. I had no idea that was even available. How do you request one of these hearings? Is there a specific form or do you just call the IRS? Also, when you mention Currently Not Collectible status - what kind of documentation do they typically want to see for financial hardship? I'm worried they'll just look at my business account balance and say I have assets available, even though that money is technically for client projects.

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For the CDP hearing, you'll need to file Form 12153 (Request for a Collection Due Process or Equivalent Hearing) within 30 days of receiving the Final Notice of Intent to Levy. You can submit it by mail, fax, or in person - don't rely on phone requests for something this important. Regarding CNC status, the IRS will want to see Form 433-A (Collection Information Statement for Wage Earners and Self-Employed Individuals) along with supporting documentation like bank statements, profit/loss statements, and proof of necessary living expenses. The tricky part with your situation is that they'll definitely scrutinize business accounts. For the client funds issue, consider creating a separate trust account specifically for client deposits if your state allows it, or at minimum, maintain detailed documentation showing the flow of funds (client contracts, invoices, project timelines). While it's not foolproof protection, having clear paper trails showing funds are designated for specific client obligations can strengthen your position during negotiations. The key is getting ahead of this - once a levy is issued, your options become much more limited. I'd recommend calling the number on your most recent IRS notice to discuss installment agreement options before they escalate to levy proceedings.

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I went through something very similar last year with a $45k personal tax debt while running a single-member LLC. The harsh reality is that the IRS can and will levy your LLC account for personal taxes because they treat it as your personal asset. What saved me was acting fast on three fronts: **Immediate protection:** I moved all client funds into a separate client trust account at a different bank. While not bulletproof, it created enough separation that the IRS focused on my main business operating account instead of touching client money. **Payment plan:** I called the IRS collections number and set up a minimal installment agreement ($200/month) just to stop the levy clock. You can always modify it later when your cash flow improves. **Documentation:** I created detailed accounting showing exactly which funds were client deposits vs. business income. This helped during negotiations because I could demonstrate the business impact of seizing client funds. The key is don't wait - once they issue the levy, your account gets frozen and it becomes much harder to negotiate. Even a small payment plan can buy you the 3-4 months you mentioned needing. Also, consider having clients pay future invoices to a new account at a different bank. The IRS typically levies known accounts, so fresh banking relationships can provide some breathing room while you sort this out. Bottom line: your LLC structure won't protect you, but proper planning and immediate action with the IRS can.

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This is exactly the kind of real-world advice I needed! A few follow-up questions if you don't mind: When you set up the client trust account, did you need special documentation or can any business account work as long as you label it correctly? I'm worried about the time it takes to set up new banking relationships when I'm already under pressure. Also, when you called the IRS for the installment agreement, did they ask detailed questions about your LLC assets or just focus on your personal financial situation? I'm trying to figure out how much detail to volunteer about the business accounts versus just sticking to personal income and expenses. The separate bank idea is smart - did you have any issues with clients being confused about the account change, or was it pretty straightforward to implement?

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For the trust account, any business account works as long as you maintain proper documentation and don't comingle funds. Most banks can open a new business account within 24-48 hours if you have your LLC docs ready. Just call it "Client Trust Account" or "Client Deposit Account" for clarity. When I called the IRS, they focused mainly on my personal finances initially, but they did ask about business income since I'm self-employed. I kept it simple - provided my personal income/expenses and mentioned the business generates X amount monthly. They didn't dive deep into business account details during the initial call, but be prepared to provide more info if they request it. For clients, I just sent a brief email explaining I was "restructuring my business banking for better client fund protection" and provided the new account details. Most clients appreciated the transparency, and it actually made me look more professional. Only had one client ask follow-up questions. Pro tip: Open the new account at a completely different bank, not just a different account at your current bank. The IRS levy will hit all accounts at the same institution, so true separation means different banks entirely.

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