Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required (Published 2014) (2024)

U.S.|Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required

https://www.nytimes.com/2014/10/26/us/law-lets-irs-seize-accounts-on-suspicion-no-crime-required.html

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Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required (Published 2014) (1)

ARNOLDS PARK, Iowa — For almost 40 years, Carole Hinders has dished out Mexican specialties at her modest cash-only restaurant. For just as long, she deposited the earnings at a small bank branch a block away — until last year, when two tax agents knocked on her door and informed her that they had seized her checking account, almost $33,000.

The Internal Revenue Service agents did not accuse Ms. Hinders of money laundering or cheating on her taxes — in fact, she has not been charged with any crime. Instead, the money was seized solely because she had deposited less than $10,000 at a time, which they viewed as an attempt to avoid triggering a required government report.

“How can this happen?” Ms. Hinders said in a recent interview. “Who takes your money before they prove that you’ve done anything wrong with it?”

The federal government does.

Using a law designed to catch drug traffickers, racketeers and terrorists by tracking their cash, the government has gone after run-of-the-mill business owners and wage earners without so much as an allegation that they have committed serious crimes. The government can take the money without ever filing a criminal complaint, and the owners are left to prove they are innocent. Many give up.

“They’re going after people who are really not criminals,” said David Smith, a former federal prosecutor who is now a forfeiture expert and lawyer in Virginia. “They’re middle-class citizens who have never had any trouble with the law.”

On Thursday, in response to questions from The New York Times, the I.R.S. announced that it would curtail the practice, focusing instead on cases where the money is believed to have been acquired illegally or seizure is deemed justified by “exceptional circ*mstances.”

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Law Lets I.R.S. Seize Accounts on Suspicion, No Crime Required (Published 2014) (2024)

FAQs

What law lets IRS seize accounts on suspicion no crime required? ›

Civil forfeiture threatens the constitutional rights of all Americans. Using civil forfeiture, the government can take your home, business, cash, car or other property on the mere suspicion that it is somehow connected to criminal activity—and without ever convicting or even charging you with a crime.

Can the IRS take money from your bank account without notice? ›

Can the IRS Levy a Bank Account Without Notice? In most cases, the IRS must send you one or more notices demanding payment and send a Notice of Intent to Levy before issuing a bank levy. The IRS can levy without prior notice in rare cases, such as an IRS jeopardy levy.

What bank account can the IRS not touch? ›

Certain retirement accounts: While the IRS can levy some retirement accounts, such as IRAs and 401(k) plans, they generally cannot touch funds in retirement accounts that have specific legal protections, like certain pension plans and annuities. 7.

Is depositing $2000 in cash suspicious? ›

Depending on the situation, deposits smaller than $10,000 can also get the attention of the IRS. For example, if you usually have less than $1,000 in a checking account or savings account, and all of a sudden, you make bank deposits worth $5,000, the bank will likely file a suspicious activity report on your deposit.

Can I deposit $20,000 cash in a bank? ›

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

Can I deposit 7000 cash in my bank account? ›

You can deposit as much as you need to, but your financial institution may be required to report your deposit to the federal government.

Can the IRS take all the money in your bank account? ›

The IRS can take money out of your bank account when you have an unpaid tax bill, but levies aren't automatic. If you owe unpaid tax debts to the federal government, the IRS has to follow the proper procedures in order to take money from your bank account.

Can the IRS see money in your bank account? ›

The Short Answer: Yes. Share: The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.

Can the IRS see your bank account deposits? ›

Generally, the IRS won't go rifling through your bank account transactions unless they have a good reason to. Some situations that could trigger deeper scrutiny include: An audit – If you're being audited, especially for issues like unreported income, the IRS may request bank records.

What type of bank accounts cannot be garnished? ›

Retirement accounts like 401ks and IRAs have special protection from creditors and debt collectors. Under federal law, 401ks and other ERISA-qualified plans cannot be garnished by creditors. IRAs also receive protection up to $1 million (adjusted for inflation) under federal bankruptcy law.

What assets can the IRS not touch? ›

Property immune from seizure includes: Clothing and schoolbooks. Work tools valued at or below $3520. Personal effects that do not exceed $6,250 in value.

Can IRS look at closed bank accounts? ›

IRS, involving whether the agency can access bank records of a taxpayer's relatives or associates — without notice — to help with tax collection efforts. The Supreme Court's answer is yes.

What is the prohibiting IRS Financial Surveillance Act? ›

“The Prohibiting IRS Financial Surveillance Act will protect law-abiding, tax-paying citizens' confidential banking information from being handed over to the IRS.” In addition to Senator Young, Senators Tim Scott, (R-S.

Can the IRS seize your account? ›

An IRS levy permits the legal seizure of your property to satisfy a tax debt. It can garnish wages, take money in your bank or other financial account, seize and sell your vehicle(s), real estate and other personal property.

How does the IRS seize bank accounts? ›

Generally, IRS levies are delivered via the mail. The date and time of delivery of the levy is the time when the levy is considered to have been made. In the case of a bank levy, funds in the account are frozen as of the date and time the levy is received.

What is the IRS lock in rule? ›

A1: If the IRS determines that an employee does not have enough withholding, we will notify you to increase the amount of withholding tax by issuing a "lock-in" letter that specifies the withholding arrangement permitted for the employee.

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