Can IRS levy my boyfriend's bank account for my tax issues? I am not listed on the account...

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I hate to admit it but I did not file my taxes for some years. I moved frequently & just received a Notice of Levy on my wages and salary yesterday from my payroll company. I didn't know I owed anything since I always received a return every year & received no prior notice. They sent warnings to a previous address which I did not recieve and finally found out through my payroll company that my wages will be garnished by the IRS in 2 weeks. For the last 6 months, I have had my pay direct deposited into my boyfriend's account which I am not listed on & it is soley in his name. I do not want to put his finances in jeopardy and fear that it is possible they might be able to freeze his bank account, even though my name is not on it. Can you please let me know if this is a possibility?

Attorney Answers

3
Carlo Ciccone ·
It is not possible and there is no need for the IRS to do that because your deposited amount is going to be net of the garnishment amount. In other words, your payroll company will take the garnishment out of your pay before it is deposited in your account. Look online for tax attorney in your area and find someone local. The reason you are having to pay is largely due to the IRS knowing what your income was in the years you did not file but without you filing a return, you didn't give yourself credit for exemptions, deductions, and credits. Depending on how long ago, the complexity, the amount owed, etc., consider getting the filings in for the years you missed.
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Stuart Hong ·
1. Your wages won’t ever get to your boyfriend’s account because your employer will be sending money to the IRS before it ever gets there. 2. The IRS probably won’t ever get to your boyfriend’s account without disclosure by you that you are putting money into that account. The IRS has plenty of ways of finding your money but I haven’t seen in my experience the IRS able to get money from an account titled in someone else’s name unless they get this information from you (by summons for example). 3. Filing the unfiled returns is easily the BEST thing you can do right now. It solves a ton of problems and avoids other. Best case scenario is that you owe little or nothing after you file. Pretty small price to pay for such a big problem. Get the returns prepared before you hire an attorney. And for pete’s sake, do not hire a national tax resolution firm — please. Final word, don’t be embarrassed by any of this. It happens all the time. Just be very clinical about it and fix it. First step, get the documents that you need to file your tax return. Second, get them filed. Third, see how much you owe. Fourth, if it is small enough, call the IRS and set up an installment agreement (if it is too big, then contact a local attorney who you click with.) Good luck.
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Steven Fromm ·
The tax laws are built to punish and catch non-filers as you are finding out. Not filing returns is very costly. There is a penalty for failure to file and there is one for failure to pay. The rule here is never ever file late. File a return timely even if you can not pay one dollar toward the liablility to avoid the failure to file penalty which can be 25%. It is not a good idea to deposit monies into your boyfriend's account as the IRS could go after the money that you deposited and cause him some aggravation, fess, etc. You should immediately file your returns but realize in some early years you may have forfeited the refund due to untimeliness. In addtion, be prepared for some nasty penalties and interest. Get with a tax attorney to help you through this mess. Hope this helps. Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is [email protected] . For further tax advice visit his website at www.sjfpc.com . and blog at <>
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