Thursday, August 6, 2015

IRS levy on Social Security payments

The IRS is illegally levying Social Security payments up to 15% per month.

Title 26 Section 6331 (h)(2)
(A)any Federal payment other than a payment for which eligibility is based on the income or assets (or both) of a payee,

So, 6331 specifically EXEMPTS Social Security payments.  If you know of someone affected, I am considering a class-action lawsuit.



My original post:

Section 207 of the Social Security Act clearly defines social security payments as exempt from levy and garnishment.  Some assert that Section 1024 of PL 105-34 Taxpayer Relief Act of 1997 overrides the Social Security Act.  The reference is: (h) Continuing Levy on Certain Payments where "certain payments" is defined in section: (A) any Federal payment other than a payment for which eligibility is based on the income or assets (or both) of a payee.

As the eligibility for Social Security AND Social Security Disability payments are both based on income, it is clear those payments are exempt from the "Continuing Levy on Certain Payments".

Further, as the title of the Act is "Taxpayer Relief Act", it is apparent that the overall intent of the Act was to relieve the taxpayer and not be used to increase collections.

Public Law 105-34 Taxpayer Relief Act of 1997




1 comment:

  1. Government at its finest! We are forced to pay this money out of every paycheck only to have the government put a tax on it. Seems like a good, yet shady, way for the government to make money but they do not have the best track record on how to spend the money they collect (tax).

    Jason Hayes @ DECORM

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