5.11.6. Notice of Levy in Special Cases

(1) This Internal Revenue Manual (IRM) section provides revenue officers and collection advisors directions on levy determinations in special cases.

(2) The Bipartisan Budget Act of 2018 allows amounts, including interest, returned to an individual from the IRS pursuant to a wrongful levy or erroneous levy on a IRA or employer-sponsored plan to be contributed to the IRA or employer-sponsored plan without regard to the general contribution limits. This new law is effective for amounts returned to individuals in taxable years beginning after December 31, 2017. The law added IRC 6343(f), Individuals Held Harmless on Wrongful Levy, etc. on Retirement Plan.

(1) Authorities relating to this section include:

(1) The Director, Collection Policy is responsible for all policies within the levy program.

(2) The National Program Manager, Enforcement is responsible for development and delivery of policies within the levy program.

(3) Managers of revenue officers who issue levies are responsible for ensuring these procedures are followed and employee actions are timely and accurate.

(4) Revenue officers are responsible for following the procedures in this IRM.

(1) Integrated Collection System (ICS) is used by field revenue officers as a method for generating levy documents that are issued to third party levy sources.

(2) The Collection Activity Reports (CAR) report number 5000–24 records the total number of levies issued. Total Levies are the sum of Field, SB/SE ACS and W & I ACS (monthly and cumulative). The data sources are the ACS Customer Service Activity Reports (CSAR) - Monthly Support Site Report (ACS Levies) and ICS (Field Levies). See IRM 5.2.4.11, Levy and Seizure Report (Report Symbol NO-5000-24). The IRS has determined that levy data may be made available as national statistics, provided that such data will never be used to evaluate any employee or to suggest or impose production quotas or goals. See IRM 1.5.2, Managing Statistics in a Balanced Measurement System, Uses of IRC 1204 Statistics.

(3) Levy program numbers are published yearly in the IRS Data Book, Delinquent Collection Activities.

(4) Targeted program reviews performed by Collection Policy to measure if IRM guidance is procedurally and legally correct.

(5) Management will ensure that revenue officers have the required knowledge of legal and procedural requirements necessary to appropriately issue levies in a variety of circumstances.

(1) National Quality Review System (NQRS), attribute 417, Managerial Approvals for Enforcement provides independent collection review information from which management may draw inferences regarding overall case quality for this attribute. See IRM 5.13.1, Collection Quality Measurement, Embedded Quality Collection Field Organizations Administrative Guidelines.

(2) Embedded Quality Review System (EQRS), Collection managers use EQRS to complete all case reviews for revenue officers.

(3) Certain notices of levy must be approved by managers. See IRM 1.2.2.6.3, Delegation Order 5-3 (Rev-1), Levy on Property in the Hands of a Third Party (not to include Levy Form 668-B).

(4) TIGTA performs a yearly audit titled, Statutory Review of Compliance With Legal Guidelines When Issuing Levies. The overall objective of the audit is to determine whether the IRS has complied with the requirements to notify taxpayers and their authorized representatives of the right to a Collection Due Process hearing prior to issuing levies and to suspend levy action during the time frames required pursuant to IRC 6330.

(5) Programming safeguards are built into the ICS system to prevent a levy from being generated on a module where the required notices have not been issued.

(1) Terms and acronyms associated with the field levy program include:

(2) See Exhibit 5.11.6-4 for list of Acronyms.

(1) The ICS User Guide, Chapter 10 - Levy details all the functions necessary to maintain levy sources, issue levies and final demands, and close or release levies. See Collection Systems Knowledge Base - Integrated Collection System (ICS) - GrpByChapter (sharepoint.com)

(2) The SSA Paper Levy Contacts web page provides SSA contacts listed, using the first three digits of the taxpayer's social security number (SSN). SSA contacts can confirm the receipt of the paper levy, the amount of the payment, the date payment was made, and the name and account number of the taxpayer to whom the payment was to be credited. See http://serp.enterprise.irs.gov/databases/who-where.dr/ssa-paper-levy-contacts.html.

(3) The National Levy Source Look-Up web page provides up-to-date levy source name and address information. See https://acsweb.enterprise.irs.gov/nlsweb/pages/nl08.xhtml.

(4) The Levies Knowledge Base web page provides access to various information and job aids related to the levy program. See Levies Knowledge Base - Home (sharepoint.com)

(5) The Taxpayer Bill of Rights (TBOR) lists rights that already existed in the tax code, putting them in simple language and grouping them into 10 fundamental rights. Employees are responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3), Execution of Duties in Accord with Taxpayer Rights. For additional information about the TBOR, see https://www.irs.gov/taxpayer-bill-of-rights.

(6) Below are recommended resources, which can be used to address questions on levy guidance

(1) The Social Security Administration (SSA) makes payments for:

• Supplemental Security Income (SSI) and

• Old-Age, Survivors, and Disability Insurance (OASDI) (sometimes called Retirement, Survivors, and Disability Insurance (RSDI)).

(2) SSA payments include monthly OASDI payments reported to the IRS on a SSA-1099 and documented on IDRS command code IRPTRO.Refer to IRM 2.3.35 Exhibit 52, Payee Online Transcript Document Display Screen: SSA-1099 (DOC CODE 82).

(3) OASDI is based on social security taxes during a person's working years. OASDI payments are not based on need, and they can be levied. SSI payments are for elderly, blind, or disabled persons. The IRC 6334(a)(11) exempts from levy certain public assistance payments, including supplemental security income under XVI of the Social Security Act. For more information on pre-levy considerations, see IRM 5.11.1.3.1, Pre-Levy Considerations.

(4) Use discretion in determining whether a levy on Social Security benefits is appropriate under the circumstances. Generally if other viable levy sources are available these sources should be considered prior to a levy on Social Security benefits. For more information on pre-levy considerations, see IRM 5.11.1.3.1, Pre-Levy Considerations.

(5) Send Part 1 of Form 668–W to the SSA office that issued the taxpayer's social security number. The taxpayer is allowed to claim the exemption from levy per IRC 6334(a)(9) and to provide SSA with their Statement of Exemptions and Filing Status. See the Servicewide Electronic Research Program (SERP), Who/Where, Levy Source Information for SSA office addresses on the National Levy Source Directory (NLSD) https://acsweb.enterprise.irs.gov/nlsweb/pages/nl08.xhtml. Query for "SSA%" or "Social Security Admin%". The levy source page contains an instruction/help guide that can assist you in searching for SSA addresses. Include Notice 484, Instructions to Employer with Centralized Payroll System for Processing Statement of Dependents and Filing Status. Send the other parts of the levy to the taxpayer with Notice 483, Instructions to Employee Paid Through a Centralized Payroll System for Submitting Statement of Dependents and Filing Status. Make appropriate changes to Notice 483 and Notice 484.

(6) Once a levy is served, SSA will continue honoring it, until the levy is released. However, the taxpayer's eligibility for benefits could change. A change in benefits might stop the levy proceeds. If this happens, SSA will notify the office that issued the levy not to expect more payments. However, SSA is not allowed to explain why because privacy laws restrict to whom SSA can disclose benefit information.

(7) A representative payee; such as a caretaker, guardian or trustee, may be designated to receive benefits on behalf of a beneficiary. Benefits payable to such a representative payee are not the property of the representative payee and are not available for levy relating to the representative payee’s tax liabilities.

(8) To obtain information about the receipt and application of payments resulting from a levy issued to SSA, access SERP on the IRWeb, Who/Where, SSA Paper Levy Contacts, http://serp.enterprise.irs.gov/databases/who-where.dr/ssa-paper-levy-contacts.html. SSA can confirm the receipt of the paper levy, the amount of the payment, the date payment was made, and the name and account number of the taxpayer to whom the payment was to be credited.

(9) Social Security pays benefits in the month following the month for which they are due.

(10) For most beneficiaries, the payment date depends on their birth date as follows:

• If the birthday is on the 1st through the 10th, the taxpayer is paid on the second Wednesday of each month.

• If the birthday is on the 11th through the 20th, the taxpayer is paid on the third Wednesday of the month.

• If the birthday is on the 21st through the 31st, the taxpayer is paid on the fourth Wednesday of the month.

(1) See SERP, Who/Where, Levy Source Information, https://acsweb.enterprise.irs.gov/nlsweb/pages/nl08.xhtml for addresses for mailing levies on military retirement. Query for "DFAS Military Retirement"

(2) Expect the first payment two to three months after the notice of levy is sent.

(1) Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) retirement benefits are administered by the Office of Personnel Management.

(2) See SERP, Who/Where, Levy Source Information, for the address for these levies https://acsweb.enterprise.irs.gov/nlsweb/pages/nl08.xhtml. Query for "U.S. Office of Personnel Management"

(3) If the civil service account number is known, include it on the levy.

(4) Expect the first payment in two to three months. See IRM 5.11.6.2.2(2) above.

(5) Civil service retirement payments can also be levied at 15 percent via the Federal Payment Levy Program (FPLP). FPLP will systemically release the FPLP levy within 90 days prior to the expiration of the statutory period for collection. See IRM 5.11.7.3.2.1.1, IRS/BFS Interagency Agreement - Federal Payments Subject to FPLP. A paper levy will continue to be honored until a levy release is issued. See IRM 5.11.5.6.2 (6) for systemic monitoring instructions. Also see IRM 5.11.7.3.5.1, FPLP or Paper Levy (Form 668-A/668-W).

(1) Certain annuity and pension payments are exempt from levy. See IRC 6334.

(2) The payments exempt from levy include:

• Railroad Retirement and Unemployment

• Special Pensions for Medal of Honor Winners

• Annuities under the Retired Serviceman's Family Protection Plan and Survivor Benefit Plan

(3) Revenue officers will not pursue paper levy of railroad retirement and railroad unemployment payments at this time. IRC 6331(h) permits the IRS to levy on up to 15 percent of railroad retirement and railroad unemployment payments. FPLP implemented the 15 percent levy on Railroad Retirement Board benefits since July 2011. See IRM 5.11.7.3.1.1 (2)(i), IRS/BFS Interagency Agreement - Federal Payments Subject to the FPLP.

(1) Federal employees may contribute to Thrift Savings Plan (TSP) accounts. Unlike levies on employer and self-sponsored retirement accounts, which only reach the taxpayer's present rights under the plan, the IRS can seize the balance in vested TSP accounts pursuant to 5 U.S.C. 8437(e)(3), a special statutory provision, which authorizes turnover of funds in TSP accounts to the IRS pursuant to IRS levies. The levy will attach to any TSP account that is vested, or will become vested within 30 days of the date the TSP receives the levy if the participant were to remain in Government service. The Federal Retirement Thrift Investment Board (FRTIB) has issued regulations governing TSP levies at 79 FR 53603 (Sept. 10, 2014).

(2) Because the TSP account provides for the taxpayer's future welfare, levy on the assets in a TSP account only after following the procedures set forth below. If the taxpayer provides a signed written request to the IRS to levy the assets in the TSP account, consider the taxpayer's request to levy the account as part of the ability to pay determination. The taxpayer’s written request should contain sufficient information to identify the taxpayer and specify the TSP account is to be levied. Prior to levying pursuant to the taxpayer’s request, follow step 1 as described in IRM 5.11.6.3(4) (consider alternatives to levy on retirement assets) and step 3 as described in IRM 5.11.6.3(7) (determine whether the taxpayer needs the retirement assets for necessary living expenses). Document the case history and levy approval memo that the taxpayer requested the IRS to issue the levy; do not make the flagrant conduct determination in step 2 as described in IRM 5.11.6.3(5) and (6). Follow guidance in IRM 5.15.1.28, Retirement or Profit Sharing Plans.

(3) The determination to levy on a TSP account should be treated in the same way as a levy on a private pension or retirement plan or IRA. Follow the procedures set forth in IRM 5.11.6.3 (4) through (7) to determine whether to levy on the taxpayer's TSP account.

(4) Use of Form 668-R, Notice of Levy on Retirement Plans, is mandatory as it contains special instructions for levying retirement plans. It must be used instead of Form 668-A.

(5) Have the SB/SE Director, Collection Area approve the Form 668-R, Notice of Levy on Retirement Plans, by signing the Form 668-R as the Service Director, or see IRM 5.11.1.3.5, Managerial Approval, for methods to secure managerial approval.

(6) The levy must be issued in the name of the participant only.

(7) The levy must expressly refer to the "Thrift Savings Plan."

(8) The levy must require the payment of a stated dollar amount from the TSP participant’s account, up to the entire amount of the vested account balance. The levy may not request a payment at a specified date in the future nor may it request a series of payments. The levy cannot designate a specific TSP fund, source of contributions, or balance from which the payment or portions of the payment shall be made.

(9) Before issuing a levy on a non-liable spouse in a community property state, consult with CEASO advisor or Counsel to determine if the state community property laws allow the levy. If the levy is allowed, request the assistance of Counsel to draft the levy to ensure the levy will not be dishonored by the TSP because it was not issued in the name of the participant only.

(10) All levies on TSP accounts should be on Form 668-R and should be mailed to the following address: ThriftLine Participant Care Center, C/O Broadridge Processing, PO Box 1600, Newark, NJ 07101-1600. If immediate delivery of the levy is necessary, the fax number, and the address for overnight delivery of IRS levies can be found at http://www.tsp.gov under Contact TSP page. The levy must be received by the TSP offices designated above no later than 30 days after the date on the levy form.

(11) After receipt of the levy, the TSP will mail a decision letter to all parties containing the following information:

• A determination regarding whether the levy is qualifying;

• If the qualifying levy requires payment, the letter will provide the estimated payment amount and anticipated payment date.

(12) Payment pursuant to a qualifying levy will be made 30 days after the TSP decision letter. The payment is taxable to the participant and subject to federal income tax withholding.

(13) Send Letter 3257, Excise Tax for Early Withdrawal Not Due if by Levy to Retirement Plan Administrator, with the notice of levy and Letter 3258, Excise Tax for Early Withdrawal Not Due if by Levy to Taxpayer, with the taxpayer's copy of the notice of levy. These letters state the withdrawal is not subject to the 10 percent additional tax on early distributions, even if the taxpayer is under 59¹⁄₂ years old. These letters are available as templates on the Integrated Collection System.

(14) The levy funds are subject to federal income tax withholding under IRC 3405. The TSP will withhold 20% for federal income tax, and withholding cannot be waived, increased, or decreased. The tax withholding is taken from the payee’s entitlement, and the gross amount of the payment (i.e., the net payment distributed to the payee plus the amount withheld from the payment for taxes) is reported to the IRS as income to the participant.

(1) The Bipartisan Budget Act of 2018 allows amounts, including interest, returned to an individual from the IRS pursuant to a wrongful levy or a certain type of erroneous levy on an IRA or employer-sponsored plan to be contributed to the IRA or employer-sponsored plan without regard to the general contribution limits, effective for levied amounts, and interest thereon, returned to individuals in taxable years beginning after December 31, 2017. See IRC 6343(f), Individuals Held Harmless on Wrongful Levy, etc. on Retirement Plan.

(2) This section applies to levied funds from an individual’s account or benefit under an eligible retirement plan that are returned to the individual because the IRS determined the levy to be either wrongful under IRC 6343(b) or premature or otherwise not in accordance with IRS procedures under IRC 6343(d)(2)(A).

(3) Levy funds returned under IRC 6343(f) are treated as a rollover contribution per the applicable IRC 402(c), IRC 402A(c)(3), IRC 403(a)(4), IRC 403(b)(8), IRC 408(d)(3), IRC 408A(d)(3), or IRC 457(e)(16). The contribution is treated as having been made for the taxable year in which the distribution on account of the levy occurred, and the interest paid under (5) below shall be treated as earnings within the plan after the contribution and shall not be included in gross income, and such contribution shall not be taken into account under IRC 408(d)(3)(B) (the one IRA-to-IRA rollover per-year rule).

(4) When wrongfully or certain type of erroneously levied retirement funds are returned to the taxpayer, the IRS must notify the taxpayer and explain the following:

1. the IRS is returning (or has returned) levied retirement account funds pursuant to IRC 6343(b) and/or IRC 6343(d)(2)(A),

2. pursuant to IRC 6343 (f)(1)(A), the returned retirement account funds may be contributed back into the eligible retirement plan under which the individual’s benefit was levied (or to an individual retirement plan) on or before the due date (not including extensions) for filing the return of tax for the taxable year in which such property or amount of money is returned.

(5) The IRS must pay interest in a case in which the IRS determines that IRC 6343(d)(2)(A) applies with respect to a levy upon an eligible retirement plan. See IRC 6343(f)(4), providing an exception to the rule that interest isn’t allowed for an erroneous levy. Interest is allowed for a wrongful levy (which applies to any eligible retirement plan listed in (2) above).

(1) The cash loan value of life insurance and endowment contracts can be levied. The policy does not have to be surrendered. See IRC 6332(b).

(1) There is also a right to foreclose on the policy, if necessary. Consult with CEASO advisor and Associate Area Counsel for advice. See IRM 5.17.3.10.12, Legal Reference Guide for Revenue Officers - Insurance, for discussion of the differences between foreclosing on the policy to obtain the cash surrender value and levying to obtain the cash loan value.

(1) Dividends payable in cash and the cash loan value of Department of Veterans Affairs (VA) insurance policies can be levied.

(1) To levy an insurance company employee's income, send Form 668-W. Write on the form that it is levying the person's income. This may prevent confusion between these and levies on policies.

(2) Contact the insurance company to determine where to send the levy.

(1) Death benefits from an insurance company or a government agency (Veterans Administration, Social Security Administration, etc.) can be levied. However, only use this source in flagrant cases. See IRM 5.11.6.3 (5). Consider whether the levy will cause a hardship and whether it may prevent the taxpayer from paying the funeral expenses of the person who died.

(2) Because of the sensitive nature, have the SB/SE Director, Collection Area approve the notice of levy. See IRM 5.11.1.3.5, Managerial Approval, for methods to secure managerial approval.

(1) If a taxpayer is in a combat zone (CZ) or has been granted military deferment under the Service members Civil Relief Act of 2003, no levy action is to be taken. This includes issuance of L1058, Notice of Intent to Levy and Notice of Your Right to a Hearing. See IRM 5.1.7.10, Accounts of Taxpayers Who Serve in a Combat Zone, and IRM 5.1.7.13, Military Deferment, for additional clarification.

(2) Combat zone (CZ) accounts, identified by a -C freeze, indicate a taxpayer who is or was serving in a designated combat zone area.

(3) A levy on the income of active military personnel attaches to wages, salary, and the following:

• Payments for quarters

• Subsistence

• Travel

• Clothing and uniform allowances

• Personal money and overseas allowances

• Reimbursement for shipment of household goods

• Lump sum leave payments

• Retirement income (including disability payments)

• Re-enlistment bonuses

• Severance pay

• Mustering out pay

• Savings deposits

(4) See SERP, Who/Where, Levy Source Information for addresses to mail these notices of levy.

(5) Use Letter 1096, Follow-up to Form 668-W, to follow up on military levies.

(6) A response should be received to Letter 1096 within 30 days. If not, call the finance center or send a new notice of levy.

(7) The taxpayer may pay the amount owed before the levy proceeds are received. If the release does not stop the proceeds in time, a payment for the levy will be received. Do not return the check to the finance center. Credit the money, so the overpayment will generate a refund. If a hardship exists, request a manual refund. See IRM 5.1.12, Cases Requiring Special Handling.

(1) Class Q allotments are for dependents of military personnel. They can be levied to collect tax from the dependent.

(1) The Department of Health and Human Services maintains a central payroll office. See SERP, Who/Where, Levy Source Information. These payroll records include:

• HHS in metropolitan Washington, DC

• HHS regional offices

• Public Health Service

• Food and Drug Administration

(2) Send the Statement of Exemptions and Filing Status directly to the taxpayer. See IRM 5.11.5.4.2, Employers with Centralized Payrolls.

(1) For levies on postal employees and vendors, include the following on the levy form, if known:

• Postal Service employee number,

• Type of employment, and

• The town where the employee works, if it is different from where the employee lives.

(2) Send notices of levy on postal employees to:

U.S. Postal Service

Accounting Service Center

Minneapolis Information Service Center

Involuntary Deduction Unit

2825 Lone Oak Pkwy.

Eagen, MN 55121–9650

(3) Send notices of levy on transportation; Contract Postal Unit (CPU); or Lease Vehicles:

U.S. Postal Service

St. Louis Accounting Service Center

Transportation Section

PO Box 80191

St Louis MO 63180-9191

(4) Send notices of levy on Misc. Supplies, Services, and Repair Parts; Facilities; and other types not listed above.

U.S. Postal Service

San Mateo ASC

Fields Payable 2

2700 Campus Drive

San Mateo CA 94497-9432

(5) Postal service employee wages can alternatively be levied at 15 percent via the Federal Levy Payment Program (FPLP). The USPS vendor/supplier payments are continuously levied at 100% for property, goods and services payments via the FPLP.

(1) Wages of IRS employees may be levied by issuance of Form 668-W, Notice of Levy on Wages, Salary, and Other Income. IRS employees, like other federal employees, also may be subject to the Federal Payment Levy Program (FPLP). See IRM 5.1.7.8.3.2, Federal Employee Levy Procedures

(2) Send notices of levy on IRS employees to:

USDA/OCFO/National Finance Center

Administrative Billings and Collections

P.O.Box 61765

New Orleans, LA 70161

Fax number, (303) 235-7448

(3) The NFC utilizes a call center for inquiries which can only be accessed by authorized Agency contacts. Questions concerning levies on IRS employees must be submitted via the secure fax line, (303) 235-7448. In order for NFC to respond to these questions, the fax transmittal cover sheet must reference the name and SSN of the taxpayer.

(1) Paper levies issued to attach monies due Department of Defense (DoD) contractors should be sent to:

Defense Finance and Accounting Service - Columbus Center

Attn: DFAS-BKSD/CC

Debt Management Office

P.O. Box 182317

Columbus, OH 43218-2317

(2) For information regarding contracts and payments, send an E-mail message to CCO-IRS@DFAS.MIL.

(3) As an alternative to a paper levy, the Federal Payment Levy Program (FPLP) can now continuously levy DoD contractor and vendor payments paid though the Defense Finance and Accounting Service (DFAS) at 100 percent.

• Since April 15, 2005, contractor payments paid through DFAS Mechanization of Contract Administration Services (MOCAS), have been levied at 100 percent of the payment or balance due, whichever is less.

• Since July 18, 2005, contractor payments paid through the remaining DFAS vendor payment systems have been levied at 100 percent of the payment or balance due, whichever is less.

• Prior to those dates, any Defense contractor/vendor payment levied through the FPLP was at 15 percent.

(1) Levy Medicare payments paid to beneficiaries only in flagrant cases. Generally, see examples at IRM 5.11.6.3(5)A beneficiary is "A person who has health care insurance through the Medicare programs." Medicare payments to beneficiaries are not considered to be income so use Form 668-A.

(2) An insurance company or Medicare administrative contractors, referred to as MACs, contracting with the Centers for Medicare and Medicaid Services (CMS) make the Medicare payments. To locate the current MAC, access the web page, https://www.cms.gov/Medicare/Medicare-Contracting/Medicare-Administrative-Contractors/MedicareAdministrativeContractors.html. and search Who are the MACS based upon the state. Then follow the links to locate the geographic region and MAC serving each state. See Exhibit 5.11.6-3, Medicare Administrative Contractors (MACs), for list of addresses.

(3) The insurance company or contract carrier directly pays hospitals, home health agencies, and extended care facilities. Doctors and other medical services and supplies can be paid directly, too. However, the beneficiary may have paid the expense to be reimbursed by Medicare later.

(4) The territory manager must approve the notice of levy on Medicare payments paid to beneficiaries. See IRM 5.11.1.3.5, Managerial Approval, for methods to secure managerial approval.

(1) Starting October 2008, the Federal Payment Levy Program (FPLP) expanded to include Medicare and supplier payments made to providers by an insurance company or carrier contracting with the CMS. See IRM 5.11.7 Automated Levy Programs.

(2) Whenever the FPLP indicator is present on a module, revenue officers may decide to levy the Medicare provider payments through the FPLP -- attaching the entire 100% of the disbursement continuously which is the most efficient method; or the levy may be converted to utilize the general levy and distraint statute, IRC 6331(a).

(1) The Medicaid Act, under Title XIX of the Social Security Act, is a federal-state cost-sharing program that provides medical assistance to families and individuals with insufficient income and resources. Within the bounds of federal statutory and regulatory requirements, the state enters into agreements with providers of services and establishes a level of reimbursement to be paid to providers. Upon approval of its plan, a state becomes entitled to reimbursement by the federal government for a portion of its payment to hospitals and other providers of medical assistance to Medicaid recipients. This federal contribution to a state’s Medicaid expenses is termed "federal financial participation."

(2) Each state operates and administers its approved Medicaid plan in accordance with Centers for Medicare & Medicaid Services’s (CMS) state Medicaid plan. Each state:

• Establishes its own eligibility standards.

• Determines the type, amount, duration and scope of services.

• Sets the rate of payment for services.

• Administers enrollment of providers.

(3) Providers must first enroll in the Medicaid program to receive payment for services or goods provided to beneficiaries. Federal law does not prohibit providers with unpaid federal taxes from enrolling in or receiving payments from Medicaid.

(4) States have traditionally provided Medicaid benefits using a fee-for-service system. The providers submit their claims to the state for payment and the state is responsible for claim processing and payment. Under fee-for-service arrangements, states pay providers directly for services.

(5) Recently, many states have implemented a managed care delivery system for Medicaid benefits. In a managed care delivery system, beneficiaries get most or all of their Medicaid services from an organization under contract with the state. When considering a Medicaid provider levy, determine if the provider is paid directly by the state (fee-for service) or through a managed care program. The levy should be served on either the state or the appropriate managed care program, not both.

(6) When states implement a managed care program, they can use any one of the following types of entities:

(7) A Levy on Medicaid payments paid to providers is subject to IRM 1.2.2.6.3, Delegation Order 5-3 (Rev. 1). Use Form 668-A to levy payments owed to Medicaid providers. Medicaid disbursements by the federal government to the states do not qualify as "federal payments" for purpose of continuous levy. Medicaid payments paid to providers/suppliers are not subject to continuous levy under IRC§ 6331(h) or the FPLP. These payments are administered and paid out by state government agencies for CMS.

(1) Series HH/H savings bonds pay interest semi-annually. Series HH U.S. savings bonds are no longer available for purchase. Because they are a 20-year non-marketable bond, some people still own HH bonds.

(2) To levy the interest, use Form 668-W. See SERP, Who/Where, Levy Source Information for the address to mail these levies. With the levy, send a copy of the notice of federal tax lien. Also, send a letter with the levy. Include in the letter:

• bond series,

• serial number(s),

• bond denomination(s), and

• bond issue date(s).

(1) In 1994, the Agricultural Stabilization and Conservation Service (ASCS) was merged with other agriculture agencies to create the Farm Service Agency (FSA). Serve levies on Farm Service Agency county offices to attach these program payments.

(2) The listing of county offices for FSA can be found under each state office at the following web page: http://www.fsa.usda.gov/FSA/stateOffices.

(3) To determine the correct counties eligible for FSA payments contact the FSA state office for assistance. The listing of state offices for FSA can be found at the following web page: http://www.fsa.usda.gov/FSA/stateOffices.

(1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act or URA) payments pay for displaced people's:

• moving costs,

• related expenses, and

• cost of replacement housing.

(2) Levy these payments only in flagrant cases. See IRM 5.11.6.3(5). The SB/SE Collection territory manager or an CEASO manager (second level or above) must approve the notice of levy. See IRM 5.11.1.3.5, Managerial Approval.

(1) Records of attorneys for Social Security claimants are with the claimant's files. To levy an attorney's fees, attach a list of claimants' names and SSNs. If the SSNs are not known, give anything else to identify the claimant.

(2) Avoid sending these levies without claimants' SSNs. SSA's files, like those of IRS, are very large. There are many people with the same name.

(3) A separate levy is not needed for each claimant's fees.

(1) The IRS has established the State Income Tax Levy Program (SITLP) in many states. This program matches computer tapes of IRS liabilities and state refund tapes. The state tax agency sends payment with a list (or tape) of taxpayers whose refunds were taken.

(2) Payments posted before 2000 used designated payment code (DPC) 04. Starting in 2000, these payments use DPC 20 for systemically applied payments and DPC 21 for manually applied payments. If the taxpayer says a state refund paid the amount owed, check IDRS for the payment. If it has not posted, ask for a copy of the state's letter showing the refund was taken. If the refund only pays part of the amount owed, collect the rest.

(3) Taxpayer inquiries regarding errors with SITLP levies may require coordination with SITLP coordinator to resolve. See IRM 5.19.9.3.3, SITLP Coordinator.

(1) Backpay awards administered by the National Labor Relations Board (NLRB) can be attached by issuing Form 668-A, Notice of Levy, to the appropriate Regional Office of the Board. See Exhibit 5.11.6-2 for addresses, contacts, and phone numbers for the NLRB Regional Offices. Send the levy to the office closest to the location of the taxpayer. If it is unclear which office to send the notice of levy to, then call the closest office or access www.nlrb.gov and click on "Find Your Regional Office".

(2) Include the case name and number on the form.

(3) If the amount of the check for the backpay award exceeds the amount of the taxpayer's outstanding tax liability, apply the full amount of the check to the taxpayer's account and any overpayment will be refunded to the taxpayer subject to IRS overpayment/refund procedures. The refund will be systemically issued, no action is required of the RO.

(4) If the taxpayer's employer has not withheld the taxes from the backpay award, the NLRB will withhold the taxes before issuing the levy payment.

(1) Some taxpayers use billing services for receivables. The billing service may only prepare bills, or it may also receive payments.

(2) Tapes may include records of many of the billing service's customers. Use a summons or Letter 6097 to get only the taxpayer's records. The ten calendar day response period for summonses may need to be extended to get the records extracted.

(3) The billing service may deduct a fee and send the difference to the taxpayer. In this case, this is all the billing service needs to pay in response to the levy. If it normally sends the entire receivable to the taxpayer, then this should be paid in response to the levy.

(1) Although a non-liable spouse's wages or salary might be subject to levy, the levy does not have a continuous effect. This is because the Internal Revenue Code says that a levy on a taxpayer's wages and salary is continuous. However, in this case, the non-liable spouse's (not the taxpayer's) wages or salary is being levied.

(2) Although a levy on a non-liable spouse's wages or salary is not continuous, the exempt amount can still be claimed.

1. However, because the levy might attach only part of the non-liable spouse's income, the portion that is not attached can be treated like an income source that is not being levied when the exempt amount is figured. See IRM 5.11.5.4.4, Taxpayers with More Than One Source of Income.

   Example: A non-liable spouse's weekly take home pay is $1300. Assume this person is in a state where a levy attaches half of a non-liable spouse's wages, and this is the only source of income that is levied. This means $650 is not attached by the levy. If this levy is served in 2020, and the person is filing jointly with two dependents, $642.30 is exempt from levy. Since the exempt amount is less than the amount that is not levied, no exempt amount is subtracted from the $650 that the levy attaches. The employer should send a weekly check of $650. The $642.30 exempt amount has been accounted for by the other $650 that is not attached.

   Example: Take the same facts as the prior example, but the person claims four dependents, so the weekly exempt amount is $807.68. Because this is more than the $650 that is not attached, the person needs to be allowed an additional exempt amount from the $650 that is attached. This is figured.
       $807.68 Exempt from Levy
       −$650.00 Not Attached by the Levy
       $ 157.68 Additional Exempt Amount to be Allowed
   The employer, then, figures:
       $650.00 Attached by the Levy
       −$ 157.68 Additional Exempt Amount
       $492.32 Weekly Levy Proceeds
   

2. As a practical matter, a simpler explanation may be to tell the employer to send half of the person's take home pay if the exempt amount is less than half of that, but follow the instructions on the levy form if the exempt amount is more than half of the take home pay.

   Example: This will lead to the same amount of levy proceeds.
       $1300.00 Take Home Pay
      −$807.68 Exempt Amount
       $492.32 Weekly Levy Proceeds

(1) When a taxpayer's community property interest in a non-liable spouse's property or right to property is levied, the notices in IRM 5.11.1.3.2, Required Notices, must have been sent to the taxpayer. However, do not send these notices to the non-liable spouse.

(2) After serving the notice of levy, notify the non-liable spouse of the levy in the same manner required for taxpayer notice. See IRM 5.11.2.2.7, Notifying the Taxpayer After Serving the Levy.

1. If a notice of levy is served, e.g., on a bank account, a copy of the levy is sent to the taxpayer. Part 4 of Form 668-A or Form 8519 is generally used for this. In this case, though, also send a photocopy of the taxpayer's copy of the levy to the non-liable spouse.

2. If a levy is served on wages, salary, or other income, the statement of exemptions and filing status notifies the taxpayer of the levy. Similarly, the non-liable spouse will get these copies of the levy to claim the exempt amount, and this is the notification that a levy has been served.

(3) The non-liable spouse can appeal the notice of levy under the Collection Appeals Program. For referral to Taxpayer Advocate Service (TAS) see IRM 5.1.9.4.1(8).

(1) A merchant account is a contract between a merchant and a bank or processor. The merchant account (contract) allows the bank or processor to process and/or receive card-based payments (credit or debit payment) for goods and/or services on the merchant’s behalf. This contract allows the merchant to accept card based payments.

(2) In this situation, the parties are as follows:

• The merchant is the taxpayer.

• A merchant service provider is the organization responsible for directly maintaining the relationship with the merchant (taxpayer.) The merchant service provider is normally an Independent Sales Organization or Merchant Service Provider (ISO/MSP). Few banks are currently ISO/MSPs.

  Example: A taxpayer owns a restaurant and wants to accept customer credit or debit card payments. The taxpayer enters into a contract with an ISO/MSP to process card-based payments. The ISO/MSP provides a merchant account for the taxpayer to account for the funds received at the end of the payment process.

• An acquiring bank, also known as an acquirer, is the bank (or processor) that acquires the funds received on behalf of the merchant (taxpayer) at the end of the card-based payment process.

• The issuing bank is the bank of the cardholder (customer) that purchases goods or service from the merchant (taxpayer).

(3) Per the terms of the merchant account (contract), the acquiring bank (or processor) exchanges funds with issuing banks on behalf of the merchant (taxpayer), and pays the merchant for the net balance of their daily payment card activity: gross sales, minus reversals, interchange fees, and acquiring bank (or processor) fees. The acquiring bank (or processor) normally transfers a batch of payments to the merchant (taxpayer) daily.

(4) The ISO/MSP sells the merchant (taxpayer) the service of processing the credit card payments from the point of sale to the funds transfer to the acquiring bank. The point of sale (POS) is when the cardholder (customer) purchases a good or service from the merchant (taxpayer). The service sold to the merchant usually includes the equipment used at the POS, the service of a processor, and the merchant account (contract).

(5) A "card network" or "interchange" is the network that acts as an intermediary between an acquiring bank and an issuing bank. VISA and MasterCard are card networks. The process of authorization, capture, and transfer of card-based payments goes through a card network or interchange.

(6) A processor provides the service of processing the card-based payments through the card network. The processor may be the ISO/MSP, acquiring bank, or a financial institution that specializes in card-payment processing. Regardless of the nature of the processor, the merchant account (contract) is between the merchant (taxpayer) and the acquiring bank or processor.

(7) The acquiring bank or processor provides the merchant (taxpayer) with a monthly merchant account statement. The Merchant Account Statement is similar to a bank statement and tells the merchant (taxpayer) about daily credit card transactions, fees paid and money amounts transferred to the merchant's (taxpayer’s) bank account.

(1) To determine the location of the merchant account (contract), determine the acquiring bank or processor that holds the merchant account (contract).

(2) During initial contact, determine if the taxpayer accepts card payments. If the taxpayer accepts card payments, then secure:

• The name and address of the merchant service provider

• Merchant account number (this is not a Routing Transaction Number (RTN))

• The name and address of the acquiring bank (bank or processor) that holds the merchant account (contract)

• Copy of the merchant agreement

• A copy of three months of merchant account statements

(3) In the event of a non-responsive taxpayer, secure the information through the taxpayer’s bank holding the operating bank account (normally a checking account). The acquiring bank’s RTN and the merchant account number may appear on the taxpayer’s operating bank account statements.

(4) If unable to otherwise secure it, secure the merchant account number by a summons to the processor or acquiring bank, specifically requesting the merchant account number.

(1) IRC 6331(b) provides that a levy shall extend only to "property possessed or obligations existing at the time" of the levy. Under the terms of a merchant account, the acquiring bank or processor is obligated to pay the taxpayer for all credit card sales made. This obligation arises at the time of the sale, not when the funds are later forwarded to the acquiring bank.

(2) Based upon the manner in which the processor or acquiring bank processes card-based payment sales, the acquiring bank or processor may have difficulty determining exactly which processing fees will be paid during the card-based payment process at the moment the levy is issued. The acquiring bank or processor cannot use this fact to refuse to honor the IRS’s levy. Since the acquiring bank or processor does not make payments to the taxpayer instantaneously, the acquiring bank or processor clearly owes the taxpayer funds at least daily.

(3) The funds held by the processors and acquiring bank are not deposits within the meaning of IRC 6332(c) and the 21 day holding period does not apply to these funds. Therefore, the credit card processor makes the payment when they otherwise make payments according to the merchant contract.

(1) Serve levies on the acquiring bank or processor holding the merchant account (contract).

(2) The contract for some processors provides that processor will process the transaction and transmit to the issuing bank notification that the amount due should be sent to the acquiring bank. For this type of contract the processor will not have the funds owed to the taxpayer. A levy must be served to the issuing bank for this type of contract.

(3) Use Form 668-A, Notice of Levy, to levy funds held by a merchant account provider. In order to eliminate any confusion on the part of the processor and to minimize litigation on the part of the IRS, include the following paragraph on the levy.

(4) Consider issuing a levy on regular intervals (i.e. daily, every other day or weekly) since credit card processor levies are not continuous. If the processor will not accept the levy via fax, forward using the mail. Do not send a batch of sequentially post-dated levies to levy daily – a new levy must be issued each day.

(1) Levies issued to a processing company attach to both the credit card sales made and funds held in the "charge back accounts." Some merchant agreements alternatively identify a charge back account as a "reserve account," a "secondary account," or a "security account." Although funds held in a charge back account belong to the merchant/taxpayer, under the typical contract, they are not available to the merchant/taxpayer until a specified amount of time after the contract is terminated.

(2) Depending on the merchant, the merchant agreement and the nature of the business, the size of a particular merchant charge back account may vary greatly. Review the merchant agreement to determine if the business is required to maintain a charge back account and the relative priority in these funds between the processing company and the IRS.

(3) The processing company may have priority over the IRS with respect to the funds in the charge back account if any of the following apply:

1. The processing company has executed a setoff. This only applies if the processor has actually exercised the right of setoff and has evidence that it was done before the levy, otherwise funds in the charge back account still belong to the merchant and the IRS's levy will attach.

2. The processing company has a security interest earlier in time than the filing date of the notice of federal tax lien under IRC 6323(a). The processor's priority interest in the contents of the reserve account is only valid to the extent that it has parted with "money or money's worth."

3. The processor may hold a superpriority under IRC 6323(b)(10). The super priority may not apply to all processors as IRC 6323(b)(10) only applies to a bank or similar institutions. Additionally the processor bank must have parted with money or money's worth, as of the date that the processor bank is served with the levy and learns of the federal tax lien. See IRM 5.17.3.10.4(4), Bank Account.

(4) If the IRS levy has priority over the funds in the charge back account the processing company will not have to turn over those funds to the IRS until the time period specified in the merchant agreement has expired. The IRS does not have the right to unilaterally cancel the merchant agreement and force the funds in the charge back account to be paid over immediately.

(1) Major sources of income for LTC can be a combination of private payments from relatives and government funding.

(2) Review of LTC bank deposit items will help determine the identity of any residents for whom rent is paid by a family member directly to the SNF operator entity. A levy may be issued to those family members to attach those funds, which are generally due on a monthly basis. Follow the procedure in IRM 5.11.6.18 when determining whether to issue a levy to a family member.

(3) Because most patients who require LTC become insolvent at some point due to the cost, most occupy Medicaid authorized beds. The SNF operator is reimbursed on a per diem basis from the Medicaid program for care of the patient in each Medicaid authorized bed that is occupied on a particular day. These per diem funds are the primary source of income for most SNFs. In order to levy effectively and capture all of the funds being paid by Medicaid to the operator, levies need to be sent DAILY. It is highly recommended that arrangements be made in advance to fax the levies directly to the Accounts Payable Department for your state’s administering agency and to confirm receipt on the same day.

(4) The SNF operator bills Medicare for any medical services provided, whether for doctors on staff, rehab services, medication, or other type of medical service provided to the patient. Claims for these services are paid by Medicare administrative contractors, referred to as MACs. Once a claim has been approved for payment, there is a minimum 14 day aging period during which the funds must be held by CMS before the payment can be released to the medical provider (14 days for claims submitted electronically and 28 days for claims submitted via paper). In order to capture all payments aging in the system and/or due to be released at any given time to medical provider, a new levy should be issued to the appropriate MAC every 14 days.

(5) The CMS maintains a web page that contains locations for MACs jurisdictions, their definitions, and who holds the contract currently. The web page address is https://www.cms.gov/Medicare/Medicare-Contracting/Medicare-Administrative-Contractors/MedicareAdministrativeContractors.html. To locate an MAC, access the web page and search Who are the MACS based upon MACs by state. Then follow the links to locate your geographic region and MAC contact information.

(1) The taxpayer’s ownership interest in virtual currency held by a Virtual Asset Service Provider (VASP), such as a hosted wallet provider, a digital asset service provider, or an investment broker, is subject to collection. Therefore, a paper levy issued to a U.S.-based VASP should be honored, just like any other levy source, and should convert the digital assets into USD at the current transaction price.

(2) Digital assets are defined in the Internal Revenue Code as digital representations of value which are recorded on a cryptographically secured distributed ledger, such as a blockchain, or any similar technology specified by the Secretary.

1. Digital asset wallets can be digital (software programs) or physical (hardware). The wallets store the user’s private and public keys and other asset-tracking data that allow the user the ability to transfer digital assets. The digital asset wallets can be custodial (hosted) or non-custodial (unhosted). On hosted wallets, the VASP, rather than the user, controls the private key. VASP are a third-party custodial service that allow users to trade one type of digital asset for another type of digital asset or for real currency.

2. A digital assets exchange is an example of a VASP. They hold the user’s digital assets in a hosted wallet.

3. Some investment brokers allow customers to invest in virtual currencies or in digital asset derivatives, such as options and futures.

(3) Pursuant to Notice 2014-21, for federal tax purposes, virtual currency (and generally all digital assets) are treated as property. As property, virtual currency are subject to levy action by the IRS. The federal tax lien provided for by IRC 6321 attaches to "all property and rights to property" of the person or entity liable for the tax. This broad statutory language is interpreted to include all real, personal, tangible, and intangible property of greatly varying natures, as well as future interests. The IRS may levy upon all property and rights to property belonging to a person who neglects or refuses to pay any federal tax liability within ten days after notice and demand. Under IRC 6331, the IRS has the power to seize and reduce to its possession or control a taxpayer’s property that is in the possession of a third party as well as any property of the taxpayer in the taxpayer’s possession.

(4) Prior to issuing the levy, ensure that the VASP is located in the U.S. Just like banks, some may only have a presence in a foreign country.

(5) If possible, determine if the VASP qualifies as a bank under IRC 408(n). VASP that qualify as a bank must wait 21 calendar days after service of a levy before surrendering the funds in the account (including interest thereon) held by the them, subject to extension. See IRM 5.11.4.2, Holding Period.

(6) Use Form 668–A, Notice of Levy to levy property that a VASP is holding. Allow them a reasonable period of time to convert the digital assets into USD. Advise the VASP that qualifies as a bank for purposes of the "21 calendar day" holding period that the account should be liquidated in response to the levy as soon as practicable on the first business day after the holding period, or any extension thereof, expires. State on the notice of levy or in the "Special instructions" field, "This levy attaches to all property and rights to property, including cryptocurrency belonging to the taxpayer that is currently held by the VASP named above. Please liquidate the cryptocurrency and remit the proceeds to us by mailing a check payable to United States Treasury."

(7) If the VASP refuses to convert the digital assets into USD, and responds to the levy that they wish to comply by turning unliquidated digital assets over to the IRS, consult Counsel to discuss how to proceed.