Will Social Security garnish retirement benefits for $60K IRS tax debt at age 70?
I've been putting off claiming Social Security until I hit 70 this September to maximize my monthly amount (smart move, right?). But I've got a complicated situation with a $60,000 tax debt to the IRS that I haven't been able to pay off. Honestly, I've been avoiding dealing with it hoping something would change. Now I'm worried that when my SS benefits start, the IRS will just swoop in and take everything until the debt is paid. Has anyone had experience with this? Can the IRS garnish Social Security retirement benefits? If so, how much can they take - all of it or just a percentage? I'm counting on that income and starting to panic about not having anything to live on while they collect the debt. Any advice would be really appreciated!
19 comments


Rita Jacobs
yep they sure can take it. my cousin had tax debt and they took 15% of his SS check every month. sorry to be the bearer of bad news but thats how the system works. govt gives with one hand and takes with the other.
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Manny Lark
•Oh no... that's what I was afraid of. Do you know if he did anything to reduce how much they took? Did he have to contact them first or did they just start taking it automatically?
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Khalid Howes
The Federal Payment Levy Program (FPLP) allows the IRS to garnish up to 15% of your Social Security benefits for tax debt. This is automatic if you have unpaid federal taxes and haven't made arrangements to pay them. However, there are options to consider before your benefits begin: 1. Set up an installment agreement with the IRS *before* your benefits start. This could potentially reduce the amount they take. 2. Apply for an Offer in Compromise if you qualify - this lets you settle for less than you owe. 3. Request Currently Not Collectible status if paying would create financial hardship. 4. Look into whether you qualify for the Fresh Start program. I recommend contacting the IRS immediately to discuss your options. Don't wait until September when your benefits begin.
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Ben Cooper
•This is all great advice! I had tax issues (not as much as you though) and set up an installment plan. The IRS was actually pretty reasonable to work with once I finally contacted them. Don't ignore it though - they have LOTS of collection powers.
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Naila Gordon
my uncle tried ignoring his tax dbt and they took his house!! not just ss checks.
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Cynthia Love
•The IRS can't just "take your house" without a lengthy legal process and multiple notices. They would need to place a tax lien, then move to levy/seize property, which requires court approval. They also typically pursue easier assets first. Please don't spread misinformation that causes unnecessary panic. Tax issues are stressful enough without exaggeration.
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Darren Brooks
When I had IRS problems I couldn't get through to anyone on the phone for WEEKS. It was impossible!!! Finally I found this service called Claimyr that got me connected to an actual IRS agent in under 5 minutes. Seriously saved me so much frustration. They have a video showing how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com Once I got through, the agent helped me set up a payment plan that worked for my situation. With tax debt as large as yours, you definitely need to talk to someone directly instead of hoping for the best.
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Manny Lark
•Thank you for this! I've been dreading trying to call them because everyone says it's impossible to get through. I'll check out that service - at this point I just need to talk to someone who can explain my options before my benefits start.
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Rosie Harper
There's a lot of confusion here, so let me clarify a few important points about Social Security and tax debt: 1. Yes, the IRS can take up to 15% of your monthly Social Security benefit through the Federal Payment Levy Program (FPLP) for unpaid federal taxes. 2. This is NOT the same as regular garnishment rules that protect Social Security from most creditors. 3. If you're experiencing financial hardship, you may qualify for a hardship exemption that stops the levy. 4. The IRS must send you multiple notices before they begin levying your benefits. 5. Setting up an installment agreement or Offer in Compromise BEFORE the levy begins can prevent it entirely. At 70, you'll be receiving your maximum possible benefit amount, which is good planning. But you absolutely need to address this tax situation before September. The IRS is generally willing to work with taxpayers who proactively contact them.
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Manny Lark
•This is really helpful, thank you. I didn't realize I might qualify for a hardship exemption. My only income will be Social Security and a small pension, so maybe that would apply? I'm going to try contacting them this week to see what my options are.
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Rita Jacobs
My sister works for SSA and she says they see this ALL THE TIME. The system is designed to make sure the govt gets their money before you do. Its totally unfair that they can take money meant for seniors to live on!!!!
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Cynthia Love
•While I understand your frustration, there's an important distinction here. The Federal Payment Levy Program is specifically designed with limitations (15% maximum) to ensure seniors still receive most of their benefits. Congress actually created these limits to balance the government's need to collect debts with protecting seniors' income. Without these limits, the IRS could potentially pursue a much higher percentage through other means. The system isn't perfect, but it does have some protections built in.
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Ben Cooper
Has anyone considered that the IRS debt might be eligible for the 10-year statute of limitations? If some of that $60K is from tax years more than 10 years ago, those portions might be uncollectible now. Worth looking into!
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Khalid Howes
•This is an excellent point! The IRS generally has 10 years from the date of assessment to collect tax debt. However, certain actions can extend this period, such as filing bankruptcy, submitting an Offer in Compromise, living outside the US for an extended period, or if the IRS sued and obtained a judgment. OP, it would be worth reviewing exactly when each portion of your tax debt was assessed and whether any might be approaching or past the collection statute expiration date (CSED). The IRS isn't always forthcoming about this information, so you might need to specifically request your tax transcripts to determine the applicable dates.
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Naila Gordon
just wondering does SSI get garnished too? asking for a friend
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Rosie Harper
•No, SSI (Supplemental Security Income) is specifically protected from levy by the IRS because it's a needs-based program, unlike regular Social Security retirement benefits. This is an important distinction - if someone is receiving SSI, those benefits cannot be garnished for tax debt. The original poster is talking about retirement benefits (sometimes called RSDI or RIB), which fall under different rules.
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Cynthia Love
One aspect that hasn't been mentioned is that tax debt can also affect your Medicare premiums. If you're enrolling in Medicare at the same time as starting Social Security at 70, be aware that unpaid tax debt can sometimes trigger issues with your Medicare enrollment if the IRS has filed liens. Additionally, if your payment plan with the IRS requires substantial monthly payments, this could impact which Medicare supplemental plans you can afford. I recommend speaking with both the IRS and a Medicare counselor (SHIP programs offer free Medicare counseling in every state) to understand how these systems might interact in your specific situation.
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Manny Lark
•Oh wow, I hadn't even considered the Medicare angle. I enrolled in Medicare at 65 but haven't had to deal with supplemental plans yet because I was still on my employer's insurance until recently. This is getting so complicated!
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Elliott luviBorBatman
I went through something similar a few years ago, though my debt was smaller (about $25K). Here's what I learned from experience: 1. The IRS will send you several notices before they start taking from your Social Security - you won't wake up one day to find your check reduced without warning. 2. When I finally called them (after months of procrastinating like you), they were actually willing to work with me. I set up a payment plan for $150/month, which prevented any garnishment of my benefits. 3. The key thing is to contact them BEFORE your benefits start in September. Once the levy begins, it's much harder to stop or reduce. 4. Ask specifically about "Currently Not Collectible" status - if your only income will be Social Security and a small pension, you might qualify. This essentially puts your case on hold if paying would create financial hardship. Don't make the same mistake I did by waiting and hoping it would go away. The stress of dealing with it is actually much worse than the phone call itself. You've made a smart decision waiting until 70 for maximum benefits - now protect that decision by handling the tax situation proactively.
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