Collecting The Levy

inancial Management Service (FMS) is a bureau ofpayments are made, the FMS will send a notice
the Department of the Treasury, to provide ato the debtor with explanation of the reduced
centralized debt collection service to most federalpayment, along with contacting the IRS to answer
agencies. The FMS has begun utilizing twoany questions regarding past debt. A debtor can
Congressionally mandated federal debt collectionmake payment arrangements through the IRS at
programs. One is devised to collect delinquentany time, whether its before a tax levy is issued
non-tax debt by neutralizing federal payments andor after the tax levy begins, to be released from
the other is to collect delinquent tax debt froman IRS tax levy.
those individuals who receive federal payments.Federal tax debts will be collected by FMS through
The Tax Payer Relief Act of 1997 authorized theThe Treasury Offset Program (TOP), a program
IRS to collect delinquent tax debts from individualsthat is also used to collect non-tax debt. The TOP
and businesses that receive federal payments, bydatabase, which is maintained by FMS, includes
levying up to 15% of each payment until the debtdelinquent debtor information that has been
is paid.submitted by federal agencies. As with the tax
Before the IRS transmits an electric file to thelevy program, the IRS will supply the FMS with an
FMS, the IRS will send each tax debtor a noticeelectronic file containing tax debt information to be
by certified mail that will include the tax bill, acompiled in the TOP database.
statement of the intent to levy, an explanation ofFMS will match the federal payment information
the debtor's rights to appeal, and an IRS phonewith the TOP database and the contact the IRS if
number to inquiries and assistance. The intent tothey find any matches that would specifically
levy notice will also inform the debtor that ifidentify any debtors that are recipients of Social
arrangements are made to repay the debt withinSecurity benefit payments. The IRS will then send
thirty days of the notice, the levy will bea notice of levy to the FMS to reduce matched
dismissed.payments continuously at a rate of 15% until the
To those debtors who receive Social Securitydebt is paid, until other repayment arrangements
benefits, a second notice will be sent as anare made, or until the expiration of the statutory
opportunity to make payment arrangements tocollection period.
repay the debt and to avoid an IRS levy. As the