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Take Funds for Tax Levy if XXCIV SERV Benefits are found?

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Can I take funds for a tax levy from a customer who has XXCIV SERV benefits?

You haven't indicated what agency issued the tax levy. If it's the IRS, the answer is yes, because the IRS isn't covered by the Treasury Department's regulations, "Garnishment of Accounts Containing Federal Benefit Payments," at 31 C.F.R. Part 212.

If it's a state tax levy, the Treasury regulation will apply, and you'll have to determine whether the levy is one that is covered, or one that's exempt, under the rule. If it's covered, you will have to follow the regulation to determine a protected amount, if any, and proceed accordingly.

First published on 12/06/2015

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