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A wage garnishment is a court-ordered method of collecting overdue debts that require employers to withhold money from employee wages and then send it directly to the creditor. [13] Wage garnishments are post-tax deductions, meaning that these mandatory withholdings do not lower an employee's taxable income. [14]
Under U.S. federal tax law, a garnishment by the Internal Revenue Service (IRS) is a form of administrative levy. In the case of an IRS levy, no court order is required. [9] Only a few requirements must be met before the IRS starts a wage garnishment: The IRS must have assessed the tax and must have sent a written Notice and Demand for Payment;
The notice will include the IRS Form 12153 which the taxpayer can fill out and mail in to request a hearing. A taxpayer is entitled to one CDP hearing for each tax period (tax year) to which the levy applies. The hearing must be held before a neutral, impartial hearing officer "who has had no prior experience with the respect to the unpaid tax…"
Most of the time unemployment benefits are protected from wage garnishment. In some cases, unemployment benefits can be garnished if you owe income taxes, student loan debt or child support.
Taxation of illegal income in the United States arises from the provisions of the Internal Revenue Code, enacted by the U.S. Congress in part for the purpose of taxing net income. [1] As such, a person's taxable income will generally be subject to the same federal income tax rules, regardless of whether the income was obtained legally or illegally.
As of the 2018 tax year, Form 1040, U.S. Individual Income Tax Return, is the only form used for personal (individual) federal income tax returns filed with the IRS. In prior years, it had been one of three forms (1040 [the "Long Form"], 1040A [the "Short Form"] and 1040EZ - see below for explanations of each) used for such returns.
The Wage and Hour Division was created with the enactment of the Fair Labor Standards Act (FLSA) of 1938. The Division is responsible for the administration and enforcement of a wide range of laws which collectively cover virtually all private and State and local government employment.
The U.S. income tax system imposes a tax based on income on individuals, corporations, estates, and trusts. [16] The tax is taxable income, as defined, times a specified tax rate. This tax may be reduced by credits, some of which may be refunded if they exceed the tax calculated.