Letter 1058 – Killer IRS Final Notice Of Intent To Levy

If you received the letter 1058,it means you owe tax and probably ignored Letter 2050. This is one the most serious collection attempt notices the IRS sends to a taxpayer. This is similar to the CP 504. You have 30 days to file an appeal. This is the letter that most of our clients unfortunately wait to receive before contacting us. On a new case there is usually no problem calling and getting a deadline to produce any returns not filed, and prepare financial statements to negotiate an offer in compromise or a payment plan. Most revenue officers I speak to want a plan of action by the due date. They want to be convinced that the taxpayer is taking the necessary steps to be in compliance with filing and paying all taxes.

Generally, the IRS will not levy on your assets until and unless they send the letter 1058 or the equivalent to you. The IRS only has to prove that they mailed the letter, not that you received it. Many people mistakenly believe that if they refuse to accept the letter, then they can claim as a defense to a collection action, that they didn’t receive proper notice.

The letter 1058 will also tell you what you should do, in case you do not agree with the notice. If you disagree, and you want to stop any collection action, you can file a Form 12153, which is a request for a collection due process hearing. You will then send the form to the address that is mentioned on top of the letter 1058. If you are planning to file this appeal then make sure the IRS receives the appeal thirty days from the date of the letter. You may qualify for a CAP appeal. Please review the appeals page in the site.

Collection Action After Your Appeal Rights Outlined in The 1058 Letter Expire
The letter 1058, Notice of Intent of Levy, states “FINAL NOTICE – Notice of Intent to Levy and Notice of Your Right to a Hearing – Please Respond Immediately”. Once the IRS issues you your appeal rights, and the 30 days elapse, the IRS can now take collection action to satisfy the debt pertaining to the periods listed on the letter.

Before they send the letter 1058 to you, the IRS will send you few more letters to remind you of the money that you owe them. If you fail to respond to them, they will issue this letter to you. As always, with any IRS matter, we can help you to get a more favorable solution than most people can get on their own, or with an inexperienced representative.