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.

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 the IRS take all your money from your bank account? ›

So, in short, yes, the IRS can legally take money from your bank account.

Can the IRS see what's 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.

Will cash deposits be flagged? ›

Banks must report cash deposits of more than $10,000 to the federal government. The deposit-reporting requirement is designed to combat money laundering and terrorism. Companies and other businesses generally must file an IRS Form 8300 for bank deposits exceeding $10,000.

What income can the IRS not touch? ›

Certain forms of income, however, may be tax-exempt, subject to certain limits and qualifications. Examples of nontaxable sources of income include veterans' benefits and life insurance payouts.

Where can I cash my IRS check if I don't have a bank account? ›

Cash a Check without a Bank Account
  • Cash it at the issuing bank (this is the bank name that is pre-printed on the check)
  • Cash a check at a retailer that cashes checks (discount department store, grocery stores, etc.)
  • Cash the check at a check-cashing store.

What type of bank account cannot be garnished? ›

Some sources of income are considered protected in account garnishment, including: Social Security, and other government benefits or payments. Funds received for child support or alimony (spousal support) Workers' compensation payments.

What is the $3000 rule in banking? ›

Treasury regulation 31 CFR 103.29 prohibits financial. institutions from issuing or selling monetary instruments. purchased with cash in amounts of $3,000 to $10,000, inclusive, unless it obtains and records certain identifying. information on the purchaser and specific transaction.

How much cash can you keep at home legally in the US? ›

The government has no regulations on the amount of money you can legally keep in your house or even the amount of money you can legally own overall. Just, the problem with keeping so much money in one place (likely in the form of cash) — it's very vulnerable to being lost.

How much cash can I put in the bank without raising a red flag? ›

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.

How long does it take for the IRS to seize your bank account? ›

Generally, the IRS can't issue a tax levy until it sends out several written notices—generally four. It can take up to six months or even longer from the due date of your payment, until the IRS can legally levy on your bank account. The last of the IRS notices is known as a Collection Due Process Notice.

Can the government empty your bank account? ›

The IRS has the power to levy or seize assets when a taxpayer fails to satisfy their tax obligations. The types of assets the IRS can seize include real estate and other tangible assets, as well as bank accounts belonging to the taxpayer.

Can the IRS seize your vehicle? ›

The IRS may levy (seize) assets such as wages, bank accounts, Social Security benefits, and retirement income. The IRS also may seize your property (including your car, boat, or real estate) and sell the property to satisfy the tax debt.

What is the prohibiting IRS financial Surveillance Act? ›

This bill prohibits the Department of the Treasury from requiring a financial institution to report the balances, transactions, or the transfers into and out of a financial account.

What assets Cannot be seized by IRS? ›

However, not all property is eligible for seizure. The IRS cannot seize certain items, such as unemployment benefits, certain annuity and pension benefits, disability payments, and workers' compensation, among others. Additionally, the IRS usually avoids seizing primary residences and prefers to target other assets.

What is the IRS lock in rule? ›

Lock-in letters

The IRS will send a letter to the employee explaining that the IRS will require you to start withholding additional income tax unless the employee contacts the IRS to explain why the employee shouldn't have withholding increased.

What does the IRS consider suspicious activity? ›

Specifically, the act requires financial institutions to keep records of cash purchases of negotiable instruments, file reports of cash transactions exceeding $10,000 (daily aggregate amount), and to report suspicious activity that might signify money laundering, tax evasion, or other criminal activities.

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