Collection Due Process (CDP) Hearing Checklist
Understanding Collection Due Process Hearings
A Collection Due Process (CDP) hearing is your formal right to challenge an IRS collection action—such as a federal tax lien filing or levy—before it proceeds. The IRS triggers CDP by sending you a specific notice stating they plan to file a Notice of Federal Tax Lien or intend to levy your property or wages. You have thirty days from the date shown on the CDP notice to request a hearing.
This is not an audit or an opportunity to dispute the tax bill itself unless you never received proper notice to dispute the assessment originally. CDP focuses on whether the IRS followed correct procedures, whether collection alternatives exist, and whether the proposed collection action is appropriate. The thirty-day window is critical—once it passes, you lose automatic levy suspension and Tax Court appeal rights, though you may still request an Equivalent Hearing within one year.
Who Should Use This Checklist
This checklist applies to you if
- You received a CDP notice: Letter 3172 (Notice of Federal Tax Lien Filing and Your Right
to a Hearing), Letter 1058, LT11, CP90, or CP297 (Final Notice of Intent to Levy).
- You want to challenge the lien filing or levy before it takes effect or continues to be
enforced.
- You have unpaid federal income, self-employment, or employment taxes, including trust
fund recovery penalties.
- You believe you have payment options that the IRS has not considered.
- You want an independent review by the IRS Office of Appeals.
This checklist does not apply if
- You allowed the thirty-day deadline to pass more than one year ago without requesting
any hearing.
- The IRS seized property under jeopardy assessment rules, which require immediate
collection.
- You received proper Notice of Deficiency for the tax assessment and failed to respond,
and now want to dispute the liability itself—CDP generally cannot reopen properly noticed liabilities unless you had no prior opportunity to challenge them.
- You are disputing only state or local taxes—CDP applies only to federal tax matters.
What Determines the Outcome
The IRS Office of Appeals examines whether proper procedures were followed and whether collection alternatives exist that adequately protect revenue collection while being less intrusive to you. Appeals considers your complete financial situation—including income, assets, expenses, and liabilities—to determine the appropriate collection method.
Key factors include whether you filed Form 12153 within thirty days of the CDP notice date
(postmark rule applies), whether you provide complete financial documentation showing your ability to pay, whether you have been complying with current tax filing and payment obligations, and whether you propose a reasonable collection alternative. Your strongest position exists when you can demonstrate genuine financial hardship or procedural errors while proposing a sustainable payment arrangement.
The Checklist
- Identify your CDP notice and mark the thirty-day deadline. Locate your CDP notice:
Letter 3172 (lien filing), Letter 1058, LT11, CP90, or CP297 (levy intent). The notice shows a date; count thirty days forward from that notice date. Under the mailbox rule, your Form 12153 is considered timely if it is postmarked on or before the 30th day, even if the IRS receives it later.
- Review your CDP notice for errors in your name, address, tax year, or amount. Verify
every detail on the notice. Errors in basic information may indicate procedural problems that strengthen your case at the hearing. Document any discrepancies immediately.
- Obtain Form 12153, Request for a Collection Due Process or Equivalent Hearing, from
IRS.gov. This is the official form for requesting a CDP hearing. While written requests are accepted if they contain the required information, using Form 12153 ensures completeness and proper processing.
- Complete Form 12153 with all required information. Include your name, address, Social
Security number or Employer Identification Number, daytime phone number, the tax periods involved, and a brief statement of why you disagree with the collection action or want to discuss alternatives. Keep your initial explanation brief—save detailed arguments for the hearing.
- Mail Form 12153 via certified mail with a return receipt to the address shown on your
CDP notice. Ensure it is sent within 30 days of the notice date. Keep your certified mail receipt and tracking information as proof of timely filing under the mailbox rule. The IRS
also accepts electronic submission through IRS.gov for specific CDP requests—check current filing options online.
- Gather comprehensive financial documentation. Collect your last three to six months of
bank statements, recent pay stubs or profit and loss statements if self-employed, documentation of monthly living expenses, mortgage or rent statements, utility bills, insurance costs, vehicle loan statements, and a list of all assets and liabilities. Appeals evaluates collection alternatives using IRS Collection Financial Standards, so complete documentation is essential.
- Collect your recent tax returns and any prior IRS correspondence about this debt.
Appeals needs to understand which tax years created the debt and whether you disputed the assessment when you had the opportunity. Include copies of notices, payment records, and previous correspondence with IRS Collection or Examination divisions.
- Determine which collection alternative you will propose. Options include: installment
agreement (monthly payments), Offer in Compromise (settlement for less than full amount), Currently Not Collectible status (temporary suspension due to hardship), a partial payment installment agreement, or lien subordination/withdrawal if the lien itself is the issue. Research which option fits your financial situation, and be prepared to explain why it adequately protects revenue collection.
- Calculate your monthly income and allowable expenses using the IRS Collection
Financial Standards. Appeals evaluates your ability to pay using standardized expense allowances available on the IRS website. Compare your actual costs to these standards and document any expenses that exceed them, providing supporting evidence to justify the discrepancies. This calculation is the basis for any proposed payment plan.
- Prepare a written summary explaining your position. Draft a clear, factual explanation of:
(1) any procedural errors the IRS made, (2) your current financial situation and why the proposed collection action creates hardship, (3) your proposed collection alternative and why it is reasonable and sustainable, and (4) if applicable, why you did not have a prior opportunity to challenge the underlying liability. Keep this argument organized and supported by documentation.
- If you are challenging the underlying tax liability, verify that you meet the requirements.
Under IRC Section 6330(c)(2)(B), you may challenge the existence or amount of the liability at a CDP hearing only if you did not receive a statutory notice of deficiency or otherwise had no opportunity to dispute the tax. If you received and ignored a notice of deficiency or audit report, you generally cannot reopen the liability issue at CDP.
- Wait for Appeals to schedule your hearing. Appeals typically schedule CDP hearings
several months after receiving Form 12153, not within thirty days. You will receive a
letter with the hearing date, time, and the method of participation, which may be in person, by telephone, or based on written submissions. Verify these details as soon as you receive them.
- Decide whether to attend in person or by telephone and notify Appeals of your
preference. In-person hearings enable the direct presentation of documents and facilitate detailed discussions. Telephone hearings are more convenient but less personal. Some CDP hearings are conducted entirely through written submissions.
Confirm your preferred method with the Appeals Officer.
- Attend your scheduled hearing prepared with all documentation. Bring original financial
documents to verify copies you submitted. Be ready to answer detailed questions about your income, expenses, assets, and proposed collection alternative. Present your case clearly and factually. Ask the Appeals Officer directly whether the IRS properly followed all procedures and considered all available collection alternatives.
- After the hearing, wait for the Appeals Officer to issue a Notice of Determination.
Appeals must issue a written Notice of Determination explaining their decision. This typically takes several weeks to months after the hearing concludes. The determination will specify whether the collection action is sustained, modified, or not sustained, and will explain your appeal rights.
- If you disagree with the determination, you have thirty days to petition the Tax Court.
Under IRC Section 6330(d), you may petition the U.S. Tax Court within thirty days of the
Notice of Determination if you disagree with the Appeals’ decision. This right exists only for timely CDP hearings, not Equivalent Hearings. The Tax Court provides independent judicial review of the determination.
Common Mistakes That Worsen Your Situation
- Missing the thirty-day deadline to request a CDP hearing: Once thirty days have
passed from the notice date, you will lose your automatic levy suspension and Tax Court appeal rights. You may still request an Equivalent Hearing within one year, but it does not suspend collection and provides no Tax Court review.
- Confusing the notice date with your receipt date for the deadline calculation: The
thirty-day period runs from the date printed on the CDP notice, not from the date you physically received it. However, you benefit from the mailbox rule—if Form 12153 is postmarked by day thirty, it is timely even if received later.
- Submitting Form 12153 without supporting financial documentation: While you can
submit Form 12153 to preserve your hearing right, the Appeals cannot recommend collection alternatives without complete financial information. Failure to provide
documentation weakens your position and often results in the continuation of the collection action.
- Attempting to dispute the underlying tax liability when you had a prior opportunity
to challenge it: CDP hearings generally cannot reopen tax assessments that were noticed correctly, and for which you had appeal rights you did not exercise. Focus on collection alternatives unless you genuinely had no prior opportunity to dispute the liability.
- Refusing to propose any collection alternative: Appeals is a neutral reviewer, not
your advocate. If you simply ask them to stop collection without proposing a reasonable payment arrangement or settlement, Appeals has no alternative but to recommend and sustain the collection action.
- Providing incomplete, disorganized, or unsupported financial information: Appeals
require documented proof of income and expenses. Handwritten statements without supporting bank statements, pay stubs, or receipts lack credibility and will be discounted.
- Failing to appear for your scheduled hearing: Non-appearance signals a lack of
seriousness and typically results in the Appeals sustaining the collection action. If you are unable to attend, please contact Appeals immediately to reschedule.
- Paying the full tax debt without considering the strategic value of a CDP hearing:
While paying in full resolves the matter, you may have been eligible for alternative collections, penalty abatement, or other forms of relief. Once paid, these options become moot. Consider whether a partial payment with an installment agreement is a better fit for your situation.
What Happens If This Issue Is Ignored
If you do not request a CDP hearing within thirty days, the IRS proceeds with the collection action. A federal tax lien filing appears on your credit report, making it difficult to obtain credit, refinance property, or conduct business. Levies proceed against your wages, bank accounts, or other property without further review by Appeals. You lose automatic suspension of collection action and the right to appeal to the Tax Court.
You may still request an Equivalent Hearing within one year by filing Form 12153. This provides a similar review of collection alternatives but continues collection and prevents a Tax Court appeal. After one year, even Equivalent Hearing rights expire, leaving you with Collection
Appeals Program procedures for specific actions, economic hardship levy release requests, or refund litigation after paying the debt.
What Actually Improves Outcomes
Filing Form 12153 early within the thirty-day window demonstrates seriousness and ensures you meet the deadline despite any mailing delays. Including complete and organized financial documentation with your initial submission enables Appeals to evaluate collection alternatives efficiently. Proposing a specific, realistic collection alternative based on your documented financial situation demonstrates good faith and provides Appeals with a concrete recommendation to support.
Continuing to file all current tax returns and making voluntary payments on the debt during CDP review demonstrates compliance and often influences Appeals to recommend favorable terms.
Attending your hearing prepared with originals of supporting documents and clear explanations strengthens your credibility. Communicating promptly and professionally with the Appeals
Officer throughout the process builds trust and ensures efficient resolution.
When Professional Help Becomes Critical
Seek professional assistance when
- You are uncertain whether your notice qualifies for CDP or what your deadline is, and
time is short.
- Your financial situation is complex, involving business income, rental property, or
significant assets that require sophisticated analysis.
- You want to challenge the underlying tax liability and need guidance on whether you
meet the requirements under IRC Section 6330(c)(2)(B).
- You need to propose an Offer in Compromise or a Partial Payment Installment
Agreement, which requires detailed and reasonable calculations of potential collection amounts.
- Appeals issued an unfavorable determination, and you are considering petitioning the
Tax Court within thirty days.
- The collection action poses an immediate threat to your business operations or financial
stability, necessitating urgent intervention.
Tax professionals experienced in CDP procedures can prepare comprehensive Form 12153 submissions, organize financial documentation according to Collection Financial Standards, propose appropriate collection alternatives, represent you at the Appeals hearing, and appeal determinations to Tax Court if necessary.
Need Help With IRS Issues?
If you're facing IRS issues and need expert guidance beyond this checklist, we're here to help with licensed tax professionals.
- Wage garnishment and bank levy release
- Tax lien removal and credit protection
- Offer in Compromise and installment agreements
- Unfiled tax return preparation
- IRS notice response and representation
20+ years experience • Same-day reviews available
