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Published:   |   Last Updated: October 23, 2024

Notice of Intent to Levy

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Overview

Notice of Intent to Levy and Notice of Your Right to a Hearing is mailed to taxpayers to notify them of their unpaid taxes and that the IRS intends to levy to collect the amount owed if it is not paid within 30 days. This letter is required by IRC § 6331 before the IRS issues a levy, unless collection is in jeopardy. Taxpayers are not entitled to a pre-levy hearing under IRC § 6330(f)(4) if the levied source is a state tax refund, the IRS has issued a disqualified employment tax levy, or the tax debt is that of a federal contractor . For further information, see Publication 594, The IRS Collection Process, and Publication 1660, Collection Appeal Rights.

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What does this mean to me?

If you have a tax debt, the IRS can issue a levy, which is a legal seizure of your property or assets. It is different from a Notice of Federal Tax Lien (NFTL) — while an NFTL makes a claim to your assets as security for a tax debt and puts your creditors on notice that the IRS has a claim to all your property and rights to property, the levy takes your property (such as funds from a bank account, Social Security benefits, wages, your car, or your home). For specifics, see Levies.

This notice is your right to request a Collection Due Process (CDP) hearing prior to the IRS taking your property. You’ll have until the date shown on the notice to request a CDP hearing with the IRS Independent Office of Appeals (Appeals). If your request for a CDP hearing isn’t timely, you can request an Equivalent Hearing within one year from the date of the CDP notice, but you can’t petiton the U. S. Tax Court if you disagree with Appeals’ decision. For more information on our appeal optons, click here. See Publication 1660, Collection Appeal Rights, for a full explanation of the CDP process.

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How did I get here?

You have a balance on your tax account. A notice was sent to you previously letting you know how much you owe, when it was due, and how to pay. Since the IRS did not hear from you, it is continuing with its collection process and has sent you one of the following:

  • Letter 75 (LT75), Notice of Levy and your rights to a Hearing (Federal Contractor) 
  • Notice CP 242 (CP242), Notice of Levy on Your State Tax Refund – Notice of Your Right to a Hearing 
  • Notice CP 90C (CP90C), Final Notice of Intent to Levy and Notice of Hearing 
  • Notice CP 92 (CP92), Notice of Levy on State Refund Notice of Your Right to a Hearing 
  • Notice CP 77 (CP77), Final Notice — Notice of Intent to Levy 
  • Notice CP 177 (CP177), Intent to Seize Your Assets and Notice of Your Right to a Hearing 
  • Notice CP 297 (CP297), Final Notice – Notice of Intent to Levy and Notice of Your Right to a Hearing 
  • Notice CP 297A (CP297A), Final Notice – Notice of Intent to Levy and Notice of Your Right to a Hearing 
  • Notice CP 297, (CP297C), Final Notice – Notice of Intent to Levy and Notice of Your Right to a Hearing 
  • Letter 2439 (LT2439), Notice of Jeopardy levy and Right of Appeal 
  • Letter 4066 (L4066), Notice of Intent to Levy and Notice of Your Right to a Hearing 
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Is it from the IRS?

Verify the notice is from the IRS, i it’s from the IRS, the notice will have instructions on how to respond and provide a specific website link for you to visit for additional information located at the end of the notice or letter. Visit I Got a Notice From the IRS for further details, including what to do if the notice is not from the IRS.

If you can’t pay the full amount by the date on the notice, you need to figure out what payment options might work for your situation and act to set up a payment plan or other way to pay off your balance.

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Be Proactive

Being proactive in addressing the tax debt may prevent additional penalty and interest charges and eliminate the need for the IRS to take action to collect the balance. For specifics, see I got a notice from the IRS and Revocation or Denial of Passport in Case of Certain Unpaid Taxes for further information.


If you wish to appeal this proposed levy action, you’ll have until the date shown on the notice to request a Collection Due Process (CDP) hearing with Appeals. If your request for a CDP hearing isn’t timely, you can request an Equivalent Hearing within one year from the date of the CDP notice, but you can’t  petition the U.S. Tax Court if you disagree with Appeals’ decision. See Publication 1660, Collection Appeal Rights, for a full explanation of the CDP process and the Equivalent Hearing process.

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If you disagree

If you disagree with the notice, you should consider utilizing your appeal options. Form more information on your appeal options, click here. In addition to your appeal options, you can call the IRS at the toll-free number on the top right corner of your notice. Please have your paperwork (such as cancelled checks, amended return, etc.) ready when you call. See Publication 5, Your Appeal Rights and How to Prepare a Protest If You Don’t Agree.

If you believe you have an acceptable reason for interest or a penalty to be removed or reduced, you may complete Form 843, Claim for Refund and Request for Abatement, or send a signed statement to the IRS explaining your reason why. For specific instructions, see Notice 746, Information About Your Notice, Penalty and Interest. If you request an appeal, you can discuss these concerns with your Appeals Officer.

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If you think you’ll have trouble paying your taxes

General Resources

Understanding your notice or letter

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If you still need help

The Taxpayer Advocate Service is an independent organization within the IRS. TAS helps taxpayers resolve problems with the IRS, makes administrative and legislative recommendations to prevent or correct the problems, and protects taxpayer rights. TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You may be eligible for free TAS help if your IRS problem is causing financial difficulty, if you’ve tried and been unable to resolve your issue with the IRS, or if you believe an IRS system, process, or procedure just isn’t working as it should.

TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your local advocate’s number:

Low Income Taxpayer Clinics (LITCs) assist individuals whose income is below a certain level who need to resolve tax problems with the IRS. They also provide education, outreach, and information on taxpayer rights to individuals who speak English as a second language. LITCs represent taxpayers in disputes before the IRS and courts and help taxpayers respond to IRS notices and correct account problems. Services are offered for free or a small fee. LITCs are independent from the IRS and TAS. For more information or to find an LITC near you, see the LITC Page or Publication 4134, Low Income Taxpayer Clinic List. You can also request Pub. 4134 by calling 800-TAX-FORM (800-829-3676).

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