Suppose you live outside the United States but receive income from a U.S. employer or have past tax obligations in the U.S.. In that case, it’s essential to understand how the Internal Revenue Service (IRS) enforces collection. One of its strongest legal tools is wage garnishment, also referred to as a wage levy. This process allows the IRS to collect unpaid tax debt by instructing your employer to withhold a portion of your wages or compensation directly from your paycheck. These withheld amounts are then forwarded to the IRS until your balance is fully paid or the levy is lifted.

Understanding wage garnishment is essential for international earners such as medical tourists from the United Kingdom working temporarily or remotely for U.S. organizations. The process is initiated when the IRS determines that a taxpayer has unpaid federal tax obligations. Once the collection process begins, various forms of income—including periodic payments, salaries, severance pay, and commissions—can become subject to withholding through levies. Exemptions apply, but they must be correctly calculated and documented.

This article explains how IRS wage garnishment works, what rules apply to pay periods and exempt amounts, and what rights you have as a taxpayer. Whether you're currently employed, self-employed, or receiving personal services compensation, knowing how garnishment operates can help protect your income.

What Is an IRS Wage Garnishment?

Wage garnishment is a collection tool the IRS uses when taxpayers fail to pay federal tax debt. Through this process, the IRS sends a legal order to an employer, requiring them to withhold a portion of the employee's earnings. These amounts are redirected to the IRS until the balance is satisfied or the levy is released. This collection method is not limited to regular wages—it can also apply to bonuses, severance pay, commissions, or lump sum payments received for personal services.

When a Wage Levy Applies

  • A levy is served after the taxpayer ignores multiple collection notices or fails to respond.

  • The IRS sends Form 668-W directly to the employer as the official garnishment order.

  • Once received, the employer must begin withholding without delay.

  • Garnishment applies to salaries, periodic payments, and other forms of compensation.

  • Levies remain active until the full debt is collected or a qualifying exception applies.

Income Subject to IRS Garnishment

  • Employee compensation includes hourly wages and monthly salaries.

  • Bonuses and commissions are issued during the year or in December.

  • Severance pay resulting from job termination.

  • Payments made to contractors for personal services rendered.

  • Pensions or retirement distributions under specific conditions.

Unlike a one-time deduction, IRS wage levies are continuous. Once initiated, they apply to each pay period and remain active unless the tax debt is cleared, the taxpayer qualifies for hardship, or another legal outcome prevents collection. Employers must follow specific withholding calculations based on the taxpayer’s filing status and dependents claimed to determine the exempt from levy amount. Review the official IRS explanation of a levy to understand better how this process works.

IRS Collection Process Before Garnishment Begins

The IRS follows a defined procedure before it resorts to wage garnishment. This process begins when a taxpayer has unpaid federal tax and fails to resolve the balance after receiving initial notices. The IRS sends increasingly urgent communications before it legally imposes a wage levy. The final step in this process is a formal notice of intent to levy, informing the taxpayer of their legal right to a hearing. Each notice serves as both a warning and an opportunity to act. Taxpayers can review IRS Topic 201: The Collection Process to understand this process thoroughly.

IRS Notices Before Garnishment

  • CP14 (Initial Balance Due): Notifies the taxpayer of an unpaid amount and requests payment in full.

  • CP501 and CP503: Reminder notices reinforcing that the tax remains unpaid and must be resolved.

  • CP504 (Urgent Notice): States that the IRS intends to levy unless the taxpayer responds quickly.

  • LT11 or Letter 1058: The final notice of intent to levy allows 30 days for a response before garnishment begins.

If the taxpayer does not take action within the 30 days, the IRS is legally permitted to issue a wage levy. Once the levy is served, the taxpayer’s employer must withhold a portion of the employee’s compensation, including bonuses, severance pay, or periodic payments.

Options for Responding Before Garnishment

  • Request a Collection Due Process hearing within the allowed 30-day window.

  • Submit evidence showing economic hardship or inability to pay.

  • Propose a payment plan or apply for an Offer in Compromise.

  • Communicate with the IRS immediately to prevent further enforcement.

  • Prepare documentation to claim exemptions if eligible.

Timely responses are essential. Acting within the legal timeframe may prevent wage levies, protect your income, and help you negotiate manageable terms with the IRS.

How the IRS Serves a Wage Levy

The IRS can legally issue a wage levy when taxpayers fail to resolve their tax debt after receiving a final notice. This enforcement begins with the delivery of Form 668-W to the taxpayer’s employer. Once the form is served, the employer must comply by withholding a portion of the employee’s income. The continuous process applies to each pay period until the balance is paid, the levy is released, or a qualifying exception halts enforcement.

Employer Obligations After Receiving the Levy

  • Form 668-W directs the employer to begin wage garnishment immediately.

  • Employers must provide the employee with a Statement of Dependents and Filing Status form.

  • The lowest exemption applies if the employee does not return the form within three days.

  • IRS Publication 1494 helps employers calculate how much income is exempt from levy.

  • Withheld funds must be sent directly to the IRS for application to the tax debt.

Employee Responsibilities and Impact

  • Garnishment applies to salaries, severance pay, bonuses, and commissions.

  • If the employee changes jobs, the IRS may issue a new levy to the next employer.

  • Employees can contact the IRS if they believe the levy is incorrect or causing hardship.

  • Certain exemptions or exceptions may reduce the amount withheld.

The IRS wage levy is a binding action. Employers and employees must act quickly to comply or respond. Understanding the process is key to reducing unnecessary financial and legal stress.

Pay Period Rules and Wage Garnishment Timelines

The IRS uses your pay schedule to determine how much of your income is protected from wage garnishment. This schedule could be weekly, biweekly, monthly, or any other periodic payment frequency. Based on that, a portion of your wages is considered exempt from levy, while the remainder becomes payable to the IRS. The frequency and structure of your earnings directly affect how much is withheld in each pay period.

How Pay Frequency Affects Garnishment

  • Weekly or Biweekly Wages: Exempt amounts are calculated based on each pay cycle. Weekly pay leads to smaller withholdings but more frequent deductions.

  • Monthly Payments: A single exemption applies each month, often resulting in larger garnishments from each check.

  • Lump Sum Payments: One-time payments, such as bonuses or severance pay, are fully garnished if they fall outside the exempt calculation or are paid in addition to regular wages.

  • Commissions and Incentives: These are generally subject to withholding if received during the same period as regular compensation.

  • Late-Year Payments: Income received in December does not trigger different exemption rules. Year-end bonuses are treated like any other compensation.

Employers must calculate exempt amounts according to IRS Publication 1494 and apply them consistently to each pay period. Once determined, the exempt portion remains protected, while the rest is collected toward the tax debt.

Issues That Can Affect Garnishment Timing

  • Misunderstanding how exemptions apply to irregular payments.

  • Assuming bonuses or commissions are not garnishable.

  • Delays in withholding due to employer error.

  • Overlooking withholding on final paychecks or severance.

  • Confusion around year-end payroll cycles.

Understanding how garnishment interacts with your specific pay schedule ensures correct deductions and helps you protect as much of your income as legally allowed.

Understanding IRS Exempt Amounts and How They’re Determined

The IRS does not withhold 100% of taxpayers' wages when enforcing a garnishment. Instead, it calculates an exempt amount based on your filing status, number of dependents, and how often you are paid. This exemption protects a portion of your income from garnishment, helping you cover basic personal needs while addressing your federal tax debt. However, this protection only applies if you act quickly and submit the required information to your employer.

How the IRS Determines Exempt Income

  • Filing Status Matters: Single, married filing jointly, or head of household each leads to different exemption thresholds.

  • Claimed Dependents: The more dependents you report, the higher your exemption.

  • Pay Frequency: Weekly, biweekly, and monthly schedules are factored into IRS exemption tables.

  • Publication 1494: Employers rely on the IRS’s Publication 1494 – Exempt Amounts to determine the amount of income exempt from levy.

  • Submission Deadline: You have three days to return the Statement of Dependents and Filing Status form to your employer.

What Happens If You Miss the Deadline

  • The IRS assumes you are married, filing separately with zero dependents.

  • This leads to the minimum exemption being applied to your income.

  • A larger portion of your wages becomes subject to garnishment.

  • Bonuses, severance pay, and commissions may be entirely withheld.

  • Adjusting the exemption later is difficult once the process is underway.

The exempt amount is subtracted from each paycheck, and the remaining income is payable to the IRS. Understanding how this figure is determined is critical, especially if your spouse or children rely on your earnings. Whether you’re paid a salary, commissions, or personal services compensation, responding quickly and accurately ensures you retain the maximum allowable portion of your income during the garnishment period.

Special Garnishment Rules for Child Support, Bonuses, and Severance Pay

While wage garnishment generally applies to salaries and regular compensation, certain payments—such as child support obligations, bonuses, and severance pay—require special handling. Depending on timing and legal documentation, these categories may either receive limited exemptions or be fully subject to levy. Knowing how each is treated helps protect income and reduce avoidable withholding.

Child Support and Garnishment Coordination

  • Preexisting Court Orders: Child support obligations ordered before the wage levy may reduce the amount garnished.

  • Documentation Required: You must provide a copy of the court order and proof of payment to the IRS.

  • Adjustment Process: The IRS may subtract verified child support from your garnishable wages.

  • Non-Automatic Relief: The exemption applies only after formal IRS review and acceptance.

  • Only Valid for Ongoing Obligations: Temporary or new support agreements may not qualify immediately.

Bonuses and Severance Pay Handling

  • Treated as Regular Compensation: Bonuses and severance pay are subject to garnishment unless included with base wages.

  • Fully Garnished if Separate: The full amount may be withheld if issued apart from the regular pad.

  • No Additional Exemptions: The IRS doesn’t allow a second exemption for separate payments.

  • December Bonuses Included: Year-end bonuses are treated like other income, regardless of timing.

  • Employer’s Duty: Employers must treat these payments as income subject to levy, without making exceptions.

Understanding how child support and irregular payments like severance pay are treated under IRS garnishment rules helps taxpayers plan for compliance and financial stability. Acting early and submitting the proper documents may reduce the amount withheld, especially when court-ordered support or one-time payouts are involved.

Your Rights Under IRS Wage Garnishment

Even when facing wage garnishment, taxpayers are protected by specific legal rights. The IRS cannot initiate a levy without following due process, and taxpayers have opportunities to respond, appeal, and request relief. These rights apply to all taxpayers, including individuals who receive compensation from U.S. employers while residing abroad. Knowing your protections can help you limit financial damage, pause enforcement, or dispute errors in garnishment. The IRS Taxpayer Bill of Rights outlines the core protections available to every taxpayer.

Legal Protections and Due Process Rights

  • Right to Be Notified: The IRS must send a Final Notice of Intent to Levy and give you 30 days to respond before garnishment begins.

  • Right to a Collection Due Process (CDP) Hearing: You may request a hearing to present your case and review alternatives.

  • Right to Appeal: If you disagree with the levy, you can appeal the decision through the Office of Appeals.

  • Right to Representation: You can hire a tax attorney, enrolled agent, or CPA to represent you during IRS proceedings.

  • Right to Challenge the Tax Debt: If you believe the IRS made an error, you may dispute the balance before the levy takes effect.

Special Considerations and Exceptions

  • Spousal Relief Requests: If your debt stems from a joint return, you may request relief from liability if your spouse was responsible.

  • Bankruptcy Protection: In some cases, bankruptcy filings halt active garnishments.

  • Claiming Economic Hardship: If wage levies prevent you from meeting basic living expenses, you may request a hardship release.

  • Requesting Innocent Spouse Relief: If your liability resulted from a spouse’s actions, the IRS may forgive your responsibility.

  • Temporary Suspension Rights: Under review or appeal, garnishment may be paused until a decision is made.

Understanding these rights empowers you to act before garnishment disrupts your income. Responding early and asserting your protections can improve your outcome and offer long-term financial relief.

How to Stop or Prevent Wage Garnishment

Wage garnishment is one of the IRS’s most serious collection actions, but also one of the most preventable. Taxpayers have several opportunities to take control before garnishment begins—or to stop it once it’s underway. Understanding the steps and acting early can help protect your income, avoid hardship, and resolve your federal tax obligations through alternative methods. The IRS also provides official guidance on preventing a levy, which outlines these preventive measures in detail.

Ways to Prevent Garnishment Before It Starts

  • Respond Immediately to IRS Notices: The earlier you engage, the more options you have to resolve the debt.

  • Set Up an Installment Agreement: A payment plan allows you to make monthly payments and stop collection actions before they escalate.

  • Submit an Offer in Compromise: If you meet eligibility criteria, you may settle your debt for less than the full amount.

  • Request Currently Not Collectible Status: If you can prove economic hardship, the IRS may pause collections, including levies.

  • File All Required Returns: Staying compliant with current filings helps show good faith and prevents enforcement.

Stopping Garnishment After It Has Begun

  • Pay the Debt in Full: This immediately ends the garnishment process.

  • Negotiate a New Agreement: The IRS may release the levy once a new plan is accepted.

  • Claim Financial Hardship: Complete Form 433-F or 433-A and submit financial documents to request a levy release.

  • Appeal the Levy: You can appeal if the garnishment is invalid or causes hardship.

  • Request a Levy Release: If you meet the criteria, the IRS can lift the garnishment quickly.

Proactive communication with the IRS can significantly change the outcome. Whether you're at risk of garnishment or already under one, these steps can help reduce financial strain and offer a path toward resolution.

Working with Tax Professionals and Federal Agencies

Navigating IRS wage garnishment can be challenging, especially for taxpayers with complex income situations or international considerations. Seeking help from qualified tax professionals—such as enrolled agents, tax attorneys, or CPAs—can significantly reduce errors and ensure compliance with IRS rules. These experts are trained to handle wage levies and understand how federal tax law affects garnishment.

When to Involve a Tax Professional

Hiring a professional is advised when:

  • You’ve received a Final Notice of Intent to Levy.

  • You’ve been garnished and need a release based on hardship.

  • You’ve experienced a firing or loss of income that affects your payment plan.

  • You’re unsure how to calculate your exempt amount or complete IRS forms.

  • You’re trying to avoid excess withholding on lump-sum payments like severance or bonuses.

Government Agencies That May Be Involved

The Department of the Treasury supervises IRS collections. However, other federal agencies—such as the Wage and Hour Division—may enforce employment-related laws that overlap with tax compliance. An employee paid irregularly or under special contracts may fall into categories requiring additional attention. Similarly, cases involving child support or federal benefits may affect multiple departments.

Also, tax professionals should stay informed on IRS procedural updates that may not appear on the last reviewed page or in official publications. They ensure responses meet current standards and prevent issues caused by misunderstanding the law or missing deadlines.

Tax Debt and Annual Filing Responsibilities

Understanding how tax debt forms is essential for avoiding IRS wage garnishment. Individuals fall behind due to underreported income, missed deadlines, or unpaid balances from previous tax years. Over time, penalties and interest accumulate, increasing the total amount owed. When these debts become unmanageable or ignored, the IRS may initiate collection through wage levies, withholding a portion of your paycheck until the balance is resolved.

How Tax Debt Accumulates

  • Tax debt typically begins with missed or partial payments on your annual federal tax return.

  • Common causes include incorrect withholding amounts or failing to report all income sources.

  • Deductions claimed without proper documentation may trigger audits or adjustments.

  • When an unpaid tax balance exists, the IRS categorizes it as a payable obligation.

  • Additional charges—such as penalties and interest—apply each year the balance remains unsettled.

Filing Compliance and Avoiding Garnishment

  • Employees must file their income tax returns yearly, even if they cannot pay in full.

  • Exceptions to this rule are rare and usually apply to individuals below certain income thresholds.

  • The IRS uses reported income, claimed deductions, and payment history to determine eligibility for relief programs.

  • Withholding accuracy throughout the year helps prevent tax debt from growing unexpectedly.

  • Failure to file or underreporting may result in enforcement actions, including wage garnishment.

Fulfilling your filing responsibilities is not just about compliance but also about protecting your financial stability. Whether employed full-time, working under contract, or receiving periodic payments, staying current with your taxes helps prevent unnecessary complications. Taxpayers who are proactive each year are in a better position to request support or negotiate repayment before garnishment begins.

Frequently Asked Questions

What triggers the IRS to garnish wages?

Wage garnishment begins when taxpayers fail to respond to IRS notices regarding overdue tax debt. After attempts to collect voluntarily are ignored, the IRS issues a levy under legal authority, which is served directly to the employer. Garnishment is ordinarily the result of unresolved balances and missed deadlines. For example, failing to respond to a Notice of Intent to Levy can lead to enforcement actions after the case is last reviewed or updated.

How much of my income can the IRS legally garnish?

The IRS calculates the garnishable amount based on filing status, dependents, and pay schedule. Some income is protected through exemptions, but anything beyond that is eligible for collection. Employers must follow IRS tables to determine what amount is exempt. The final garnished sum is discussed before enforcement and depends on timely documentation. This approach is ordinarily applied unless an exception is granted or the IRS has last reviewed or updated the case.

Are bonuses and severance pay subject to garnishment?

Yes, lump sum payments such as bonuses, severance pay, and commissions are subject to IRS wage levies. Unlike wages, they are not split by pay period or reduced by exemptions unless claimed. The IRS holds the authority to collect such payments to resolve the debt entirely. For example, if a bonus is issued after a levy is served, it is ordinarily withheld unless the employee files documentation showing undue hardship.

Can my employer refuse to comply with the IRS wage levy?

No, employers are legally bound to follow the IRS wage levy. Refusing to do so may result in penalties or enforcement actions. Once served, employers must calculate and withhold the proper amount. The IRS has the authority to penalize noncompliance. Employers may not terminate an employee due to a levy, and all correspondence must be reported and last reviewed or updated in their records. This ensures every step is accountable and discussed under federal regulations.

Can I stop the wage garnishment once it begins?

Yes, taxpayers can submit a request to suspend or modify a wage levy through various programs. Options include applying for hardship status, negotiating a payment plan, or submitting an offer in compromise. Each option requires current filing compliance. The IRS ordinarily reviews financial statements before deciding. If your situation qualifies, the garnishment may be lifted. These options are often discussed in IRS notices and can be acted on before the case is last reviewed or updated.

Will the garnishment end once the tax year closes?

No, a wage garnishment does not stop automatically at the end of the year. The levy remains until the tax balance is paid or resolved. The IRS's authority to collect spans multiple tax periods. For example, a garnishment that starts in December can continue into the following year. The garnishment only ends if the full debt is paid, a formal resolution is reached, or the IRS last reviewed or updated the taxpayer’s compliance status and determined a release.

What rights do I have as a taxpayer during this process?

Taxpayers can appeal, receive fair treatment, and request alternative payment solutions. You may submit a Collection Due Process hearing request or dispute the garnishment. These rights are protected under federal law. The IRS must give notice and provide documentation explaining the debt and options. If your case is last reviewed or updated, you can request reconsideration. All rights are under the IRS's authority and ordinarily included in mailed notices.