The IRS enjoys the ability to levy assets and income from individuals or businesses that owe taxes. Unfortunately, the IRS regularly mishandles this power and incorrectly levies taxpayers who have done nothing wrong. When this occurs, taxpayers are suddenly left in the lurch, without access to the income and assets they’ve worked so hard to obtain.
Many wrongfully levied taxpayers hope to fight back. Until recently, however, difficult filing deadlines made accountability all but impossible to achieve. The good news: all that has changed, as detailed below.
How the Tax Cuts and Jobs Act Impacts Wrongful Levy Lawsuits
Previously, fighting back against unfair levies was a nightmare, with individuals only able to file lawsuits within nine months of wrongful levies. All that has changed with the enactment of the Tax Cuts and Jobs Act, which increases the time limit for filing a wrongful levy lawsuit to a full two years. This deadline can be further extended if an administrative claim for return of property occurs within the first two years following the wrongful action.
Which Levies Does the New Deadline Impact?
The extended filing deadline primarily applies to levies enacted on or after December 22, 2017. However, taxpayers may also be eligible for deadline extension if the December date fell during the previous nine-month eligibility period. Thus, a taxpayer hit with a wrongful levy in May of 2017 may be able to extend the deadline for filing beyond the initially promised nine months.
Keep in mind that, while your deadline may be extended, it’s still always best to get started early with wrongful levy lawsuits. It takes time to build a case against the IRS; don’t wait any longer than necessary.
Don’t let an unfair IRS levy destroy your life. Fight back alongside the Highland Tax Group. Call 720-398-6088 to learn more about our aggressive approach to wrongful levy representation.