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JaylinCharles

Will my IRS tax debt stop my Social Security payments from coming through?

I'm turning 62 next month and planning to file for my SS retirement benefits, but I've got a problem. I owe about $17,500 to the IRS from my small business that went under in 2023. Haven't been able to make payments on it for almost a year now. I'm worried they might garnish or completely block my Social Security checks when they start coming. Can the IRS actually prevent me from getting my benefits? Or will they just take a percentage? I really need at least some income coming in and was counting on Social Security. Anyone dealt with this before?

Yes, the IRS can and will take a portion of your Social Security benefits through the Federal Payment Levy Program if you have unpaid tax debt. However, they won't take your entire benefit - there's a limit. Currently they can take up to 15% of your monthly Social Security payment. They can't block you from receiving benefits entirely. You should look into setting up an installment agreement with the IRS before you start receiving benefits. You might qualify for an Offer in Compromise depending on your financial situation. The IRS has several payment options for taxpayers who can't pay in full.

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JaylinCharles

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Thank you for explaining this! The 15% limit is actually a relief - I was afraid they might take half or all of it. Do you know if I can set up the installment agreement online or do I need to call them?

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Lucas Schmidt

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my cousin had this happen to him. irs took like 12% of his check every month until he got on a payment plan. soon as he made arrangement with them they stopped garnishing

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JaylinCharles

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That's good to know they'll stop once you have a payment plan. Did your cousin have to call them multiple times? I've tried calling the IRS before and it's nearly impossible to get through.

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Freya Collins

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The previous comments are correct about the 15% limit, but there's more you should know. The IRS actually has to send you several notices before they can levy your Social Security benefits. You should have received a CP504 notice (Final Notice of Intent to Levy) and then a CP90/CP91 notice which gives you 30 days to appeal and request a Collection Due Process hearing. If you're experiencing financial hardship, you can request Currently Not Collectible status. With your income limited to just Social Security, you might qualify. Also look into the Taxpayer Advocate Service - they can help mediate between you and the IRS if you're facing financial hardship. Finally, be aware that if you're receiving SSDI or SSI, those have different protection levels than regular retirement benefits.

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JaylinCharles

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Yes! I did get those notices but didn't fully understand what they meant. I should have dealt with this sooner. I'm definitely going to look into the Currently Not Collectible status - that sounds like exactly what I need since my only income will be SS. Thank you so much for this information!

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LongPeri

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I HAD THE SAME PROBLEM!!!! The IRS took 15% of my SS check EVERY MONTH for almost 2 years!!! They don't care if you can't pay your bills or buy food. I tried calling them over and over but could never get thru to a real person. Just recordings that don't help at all. The whole system is RIGGED against us seniors!!

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Oscar O'Neil

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Same experience here. Spent 3 days trying to get through to someone at the IRS. Kept getting disconnected after waiting on hold for 2+ hours each time. Eventually gave up and just accepted the garnishment. The whole system is broken.

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I went through this last year after retiring with about $22,000 in back taxes. After trying for weeks to reach someone at the IRS, I discovered a service called Claimyr that helped me get through to a human at the IRS in about 20 minutes. Their site is claimyr.com and they have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I actually talked to someone, I was able to set up a payment plan based on my income and they immediately stopped the garnishment. They even reduced my monthly payment when I explained my situation. The key is actually getting through to a real person who can help.

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JaylinCharles

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Thank you for the tip! I've never heard of this service before but I'm definitely going to check it out. At this point I'll try anything that will help me actually talk to someone at the IRS. Getting this resolved before I start receiving benefits would be ideal.

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Something that nobody mentioned yet is that the IRS has a special program for people over 65 who are only receiving Social Security. If your only income is going to be SS, you can apply for a hardship status that stops collections completely. My mom had about $9,000 in tax debt when she retired and they put her account in Currently Not Collectible status. They review it every year but as long as her income hasn't increased, they leave it alone. The debt doesn't go away, but they stop trying to collect it.

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LongPeri

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I TRIED TO GET THIS!! They denied me even though I only get SS and a tiny pension. They said my $1,100 a month was enough to pay my bills AND pay them $80 a month!!! HOW??? After rent and medications I barely have enough for food!

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One more thing to consider - if you haven't actually filed yet, you might want to think about waiting until you resolve the tax issue. If you wait until your Full Retirement Age (66-67 depending on your birth year) instead of taking benefits at 62, your monthly payment will be about 30% higher. That could offset the 15% the IRS might take. Also, the statute of limitations on tax debt is generally 10 years from assessment date. If your debt is already several years old, it might make sense to determine when it will expire.

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JaylinCharles

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That's a really good point about waiting until FRA. I hadn't considered that strategy. The debt is pretty recent though - just from 2023 when my business failed, so waiting out the 10 years isn't realistic. I think I'm going to try setting up a payment plan first and see if that works out.

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Lucas Schmidt

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have u filed ur SS application yet? if not u should do that first then deal with irs after. u cant loose benefits u havent started getting yet

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Freya Collins

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This isn't accurate advice. The IRS can begin levying Social Security payments as soon as they start, regardless of when the application was filed. It's better to address the tax issue first or simultaneously with filing for benefits.

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JaylinCharles

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Update: I used that Claimyr service someone mentioned and actually got through to the IRS yesterday! The agent was surprisingly helpful and set me up on a minimal payment plan ($75/month) based on my expected income. She said as long as I keep making the payments, they won't levy my Social Security at all. Such a relief! Now I can go ahead and file for my benefits without worrying. Thanks everyone for your help!

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That's great news! I'm glad it worked out for you. $75/month is very reasonable. Make sure you keep all the documentation from your payment plan in case there are any issues when your benefits start.

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Yara Khalil

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That's fantastic news! So glad you were able to get through and work out a reasonable payment plan. $75/month is definitely manageable and much better than having 15% automatically taken from your Social Security. This is a great example of why it's worth the effort to actually speak with someone at the IRS rather than just accepting the default garnishment. Your success story will hopefully help other people in similar situations know that there are options available. Enjoy your retirement benefits when they start coming in!

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