Can IRS garnish Washington ESD unemployment benefits - getting nervous about tax debt
I've been getting unemployment benefits from Washington ESD for about 8 weeks now and just realized I owe the IRS around $4,200 from 2023 taxes. I keep seeing conflicting info online about whether the IRS can garnish unemployment benefits. Has anyone dealt with this? I'm really worried they're going to take my UI payments and I won't be able to pay rent. Does Washington ESD have any protections against this or am I screwed?
58 comments


KingKongZilla
Yes, the IRS can garnish unemployment benefits unfortunately. Federal tax debt isn't protected like some other debts are. They can take up to 15% of your unemployment payments without going to court first.
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Bethany Groves
•Oh no, that's exactly what I was afraid of. Do they notify you first or just start taking it?
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KingKongZilla
•They're supposed to send you notices first, but if you've been ignoring IRS letters they might have already gone through the process. Check if you have any unopened mail from them.
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Rebecca Johnston
this happened to me last year but with state taxes not federal. they took like $200 out of my unemployment each week and i had no idea until i checked my account
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Bethany Groves
•That's terrible! Were you able to do anything about it or did you just have to deal with it?
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Rebecca Johnston
•had to call and set up a payment plan but it took forever to get through to someone. maybe try that claimyr thing someone mentioned here before for getting through to agencies faster
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Nathan Dell
Before you panic, you should try calling the IRS to set up an installment agreement. If you can show financial hardship, they might work with you. I had success with this when I owed them money a few years ago. The key is being proactive rather than waiting for them to garnish.
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Bethany Groves
•How long does it take to set up a payment plan? I'm worried they'll start garnishing before I can get it sorted out.
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Nathan Dell
•It can take a few weeks to process, but once you submit the request they usually stop collection actions. You can do it online at IRS.gov or by phone, though getting through by phone is a nightmare.
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Maya Jackson
•Speaking of phone nightmares, I found this service called Claimyr that helps you get through to government agencies when they're swamped. Used it for Washington ESD issues but they work with other agencies too. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Tristan Carpenter
THE IRS IS THE WORST!!! They can basically take whatever they want from unemployment, social security, tax refunds, bank accounts. There's almost no protection against federal tax debt. State taxes are different but federal? You're basically at their mercy.
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Bethany Groves
•Great, that makes me feel so much better... 😒
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Amaya Watson
•While it's true they have broad collection powers, there are still options available. Don't give up before exploring payment plans or currently not collectible status if you're truly facing hardship.
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Amaya Watson
Here's what you need to know: Yes, IRS can garnish unemployment benefits under 26 USC 6331. However, you have options. File Form 433-A for a collection information statement showing your financial situation. If your expenses exceed income, you might qualify for Currently Not Collectible status or an offer in compromise.
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Bethany Groves
•This is really helpful, thank you! Where do I get Form 433-A and how complicated is it to fill out?
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Amaya Watson
•You can download it from IRS.gov. It's detailed but not impossible. You'll need to list all your monthly expenses and income. Be thorough and honest - include rent, utilities, food, transportation, minimum debt payments.
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Grant Vikers
•I filled out that form last year and it was a pain. Make sure you have all your documentation ready first - bank statements, bills, everything.
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Grant Vikers
Also want to add that Washington ESD doesn't have any special protections against IRS garnishment. Some states do but Washington isn't one of them. The garnishment would show up as a deduction on your unemployment payment just like taxes or child support.
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Bethany Groves
•So there's literally nothing Washington ESD can do to help?
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Grant Vikers
•Nope, they're required by federal law to comply with IRS levies. It's completely out of their hands.
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Rebecca Johnston
wait how do you even know if the irs is gonna garnish you? do they send a letter first or what?
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KingKongZilla
•They're supposed to send several notices first - Notice of Intent to Levy is the final warning before they actually do it. If you've been getting IRS mail, don't ignore it.
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Rebecca Johnston
•oh crap i think i might have some unopened irs letters somewhere...
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Giovanni Martello
Quick question - does this affect just the federal unemployment or also the state portion? I thought Washington paid both parts?
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Amaya Watson
•Washington ESD pays state unemployment insurance benefits, not federal. But IRS can still garnish state UI benefits for federal tax debt. The source of the payment doesn't matter to them.
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Giovanni Martello
•Got it, thanks for clarifying. This whole system is so confusing.
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Bethany Groves
Update: I found the IRS letters I'd been avoiding. They sent a Final Notice of Intent to Levy dated two weeks ago. I'm freaking out - does this mean I'm already screwed or can I still do something?
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Amaya Watson
•You still have time! Call the IRS immediately at the number on that notice. Even if the 30-day appeal period has passed, you can still request a Collection Due Process hearing or set up a payment plan.
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Nathan Dell
•Don't panic but definitely act fast. The Final Notice means they can start levying at any time, but they usually give you a chance to work something out if you call.
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Maya Jackson
•If you can't get through to the IRS by phone (their lines are always jammed), that Claimyr service I mentioned earlier might help. They specialize in getting people connected to busy government phone lines.
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Savannah Weiner
I'm dealing with something similar but mine is for state taxes not federal. Washington State Department of Revenue already started taking $150 out of my weekly unemployment. At least they only take 25% max instead of whatever they want like the IRS.
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Bethany Groves
•How did you find out they were taking it? Did Washington ESD notify you or did you just notice when checking your payment?
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Savannah Weiner
•I just noticed my payment was smaller than usual and had to call Washington ESD to ask what was going on. They told me about the garnishment but said I had to deal with DOR directly to stop it.
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Levi Parker
For what it's worth, I owed the IRS about $3,000 and they were threatening to garnish my unemployment. I called and set up a $75/month payment plan and they left my benefits alone. It's worth trying before assuming the worst.
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Bethany Groves
•That gives me hope! How long did it take to get the payment plan approved?
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Levi Parker
•About 2 weeks after I submitted everything online. The hardest part was actually getting through to talk to someone, but once I did they were pretty reasonable.
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Libby Hassan
•Same here - payment plan saved me from garnishment. The IRS would rather get steady payments than deal with the paperwork of garnishing benefits.
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Hunter Hampton
This thread is making me nervous about my own tax situation. I haven't filed for 2023 yet and I'm on unemployment now. Should I be worried about filing if I know I'll owe money?
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Amaya Watson
•You should definitely file even if you owe money. The penalty for not filing is much worse than the penalty for not paying. File the return and then work out a payment plan for what you owe.
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Hunter Hampton
•Thanks, I'll get on that. Better to deal with it now than let it get worse.
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Sofia Peña
Just wanted to say thanks for posting this question. I had no idea the IRS could touch unemployment benefits. Definitely going to check on my tax situation now before it becomes a problem.
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Bethany Groves
•Yeah, I wish I had known this sooner. At least we're all learning together!
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Aaron Boston
One more thing to consider - if you're getting unemployment benefits, you might qualify for Low Income Taxpayer Clinic services in your area. They provide free or low-cost help with IRS problems for people who meet income requirements.
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Bethany Groves
•I've never heard of that. Where would I find one of these clinics?
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Aaron Boston
•Check the IRS website for a list of clinics in Washington state. Most are run by law schools or nonprofit organizations.
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Sophia Carter
Been following this thread and wanted to share my experience. IRS garnished my unemployment for 6 months last year. It sucked but wasn't the end of the world. Just had to budget really tight and find some side work when possible.
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Bethany Groves
•How much were they taking each week?
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Sophia Carter
•About $60 out of my $400 weekly payment. Could have been worse I guess, but it definitely made things tight.
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Bethany Groves
Final update: I called the IRS this morning (took 3 hours to get through) and set up a payment plan for $125/month. They agreed to stop the levy process as long as I keep up with the payments. Thanks everyone for the advice and encouragement!
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Amaya Watson
•Great news! Make sure you never miss a payment or they can restart the levy process without warning.
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Nathan Dell
•Congratulations on taking care of it! That's a huge relief I'm sure.
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Chloe Zhang
•Good for you for being proactive! Too many people just ignore the problem until it's too late.
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Levi Parker
•Awesome! See, I told you they'd work with you if you called. The IRS gets a bad rap but they're usually reasonable if you communicate with them.
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Brandon Parker
This whole thread has been super informative. Bookmarking in case I ever need this info. Hope everything works out for everyone dealing with tax issues!
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Bethany Groves
•Thanks! Definitely learned a lot myself through this whole ordeal.
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Adriana Cohn
One last tip for anyone reading this later - keep detailed records of all your communications with the IRS. Date, time, who you spoke with, what was discussed. If there are any disputes later you'll need that documentation.
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Bethany Groves
•Great advice! I started doing this after the first call and it's already helped clarify some confusion.
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Jace Caspullo
•Yes! And get confirmation numbers for everything you submit online or by mail. The IRS loses paperwork more often than you'd think.
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