Dealing with a Colorado bank tax levy can be intimidating, especially if you are unfamiliar with how the Colorado Department of Revenue (CDOR) enforces unpaid taxes. A bank levy is a serious collection action that allows the department to remove money directly from your bank account to cover a tax debt. Unlike other collection actions, such as a wage garnishment, which takes a portion of each paycheck over time, a bank levy can seize available funds in a single transaction, creating sudden financial strain for taxpayers.

The Colorado Department of Revenue uses this process as one of its strongest tools for collecting delinquent tax balances. Before a levy takes place, taxpayers typically receive a series of notices and have the opportunity to resolve the debt through payment or other arrangements. However, once the levy begins, funds are frozen and transferred to the state unless specific exemptions apply or a successful hardship request is submitted. Taxpayers must understand their risks and rights because the rules can be complex and the consequences severe.

This guide provides a complete overview of the Colorado tax bank levy process, including when CDOR can initiate a levy, how much money may be seized, and what steps taxpayers can take to stop or reverse one. It also explains exceptional circumstances such as joint accounts, exempt funds, and hardship protections. By the end, you will have a clear picture of the process and practical options for resolving tax debt before or after a levy occurs.

What Is a Colorado Bank Tax Levy?

A Colorado bank tax levy is a legal enforcement action that allows the Colorado Department of Revenue (CDOR) to collect unpaid taxes by seizing funds directly from a taxpayer’s bank account. This action differs from a wage levy or wage garnishment, which takes a percentage of income over time. A bank levy instead targets the balance of a checking, savings, or money market account and removes available money in a single transaction, up to the full amount of the debt owed.

This type of levy is considered one of the most potent collection tools available to the department because it does not require court approval. Once initiated, the bank must legally freeze the account and even levy funds on the state. For taxpayers, this can result in a sudden loss of access to essential money needed for daily expenses such as rent, food, or medical bills.

The immediate impacts of a bank levy often include:

  • Frozen Accounts: Your bank must hold enough funds to cover the balance claimed by CDOR, preventing you from accessing the money during this period.
  • Single Seizure of Funds: Unlike ongoing garnishment, the levy typically removes the available balance in one transaction up to the debt owed.
  • Joint Account Exposure: If your name is listed on a joint account, that account can be subject to levy even if the co-owner does not owe taxes.
  • Additional Collection Pressure: If the debt remains unpaid, a bank levy may be applied alongside other collection actions, such as liens or wage garnishments.

Understanding how a Colorado bank tax levy works is the first step in protecting your assets and planning a response. Taxpayers who know the process can better evaluate their options and avoid deeper financial hardship.

Legal Authority and Governing Agencies

The Colorado Department of Revenue (CDOR) has broad authority to collect delinquent state taxes, including the ability to issue a bank levy. This authority comes from Colorado Revised Statutes Section 39-21-114, which gives the department the legal right to seize assets, file liens, and collect unpaid balances without going to court. Because this law grants such powerful enforcement tools, taxpayers must understand what the department can do and what protections remain in place.

Within CDOR, the Collections Division manages most levy actions. This division is responsible for issuing notices, processing payment arrangements, and determining when levy funds should be applied to an outstanding debt. Taxpayers dealing with a levy or a final notice will communicate directly with this division. While CDOR is not required to obtain a court order before initiating a levy, it must follow administrative procedures designed to notify the taxpayer and allow them to resolve their balance first.

Under the law, CDOR can:

  • Issue tax levies against bank accounts, wages, and other assets
  • File property liens that restrict the sale or refinancing of real estate
  • Refer accounts to third-party collection agencies if debts remain unpaid
  • Seize assets such as vehicles, business accounts, or other financial property

At the same time, taxpayers retain essential rights, including:

  • Due Process Protections: This is the right to receive notice before levy action occurs.
  • Administrative Appeal: This is the ability to challenge the levy or request a review.
  • Alternative Arrangements: This is the option to request a payment plan or demonstrate financial hardship.

These rules ensure that while the state can act quickly to collect unpaid taxes, taxpayers are not left without options to respond. For more details, CDOR explains the levy process in its official guide on Tax Levies.

What Triggers a Colorado Bank Levy?

A Colorado bank levy usually occurs only after the taxpayer has ignored or failed to resolve multiple attempts by the Colorado Department of Revenue (CDOR) to collect an outstanding balance. The levy is considered a last resort, but once initiated, it can remove funds from your bank account without further warning. Understanding the triggers can help taxpayers take action early and avoid losing access to money needed for essential expenses.

Common Causes of a Bank Levy

  1. Unpaid Taxes: Failing to pay state income tax, sales and use tax, withholding tax, or other obligations is the most frequent cause of a bank levy. Even a single unpaid tax bill can escalate into collection actions if unresolved.
  2. Ignored Notices: CDOR sends multiple written notices, often by mail, before initiating a levy. These include the initial tax bill, determining the final amount due, and sometimes a final notice of intent. Ignoring these letters increases the risk of levy action.
  3. Failed Payment Arrangements: Taxpayers who request a payment plan but fail to meet the terms, such as missing a due date or submitting insufficient funds, may face a levy. CDOR treats defaulted arrangements as if no agreement exists, reopening the account for immediate collection.

Warning Signs and Red Flags

Taxpayers should pay attention to signs that a levy may be approaching. These include receiving repeated collection letters, phone calls from the Collections Division, or a Notice of Intent to Issue Tax Levy. Once this intent is issued, the timeline for action is very short—sometimes only 10 days—before levy funds can be withdrawn.

Recognizing these triggers is critical because once CDOR initiates the levy process, your bank account balance can be frozen and applied toward the debt without further court involvement. Acting quickly in response to a notice or missed payment is the most effective way to prevent this outcome.

Step-by-Step Colorado Bank Levy Process

The Colorado tax bank levy process follows a structured sequence. While the Colorado Department of Revenue (CDOR) has broad authority to collect unpaid taxes, it must still issue notices and allow time for taxpayers to respond before funds are taken. Below is a breakdown of each step and what taxpayers can expect.

1. Initial Assessment and Billing

After a tax return is filed or an audit is completed, CDOR calculates any balance owed. The department sends an initial bill or Notice of Deficiency if taxes remain unpaid. At this point, penalties and interest begin to add to the debt. Taxpayers usually have 30 days to pay or contest the amount.

2. Final Determination and Demand for Payment

CDOR issues a Final Determination and Demand for Payment if the balance remains unresolved. This notice confirms the total debt and serves as the taxpayer’s last chance to pay in full or set up a plan before collections begin.

3. Collections Division Involvement

The account is transferred to the Collections Division when no payment or arrangement is made. Taxpayers may start receiving phone calls, letters, or emails. In some cases, CDOR may also engage third-party collection agencies.

4. Pre-Levy Courtesy Notice

Although not legally required, CDOR often mails a Notice of Intent to Issue Tax Levy as a courtesy. This letter warns the taxpayer that a levy is imminent and provides a short window—sometimes as little as 10 days—to resolve the debt.

5. Levy Execution

Once the notice period ends, CDOR issues a levy order directly to the taxpayer’s bank. The bank is required to:

  • Freeze the account immediately
  • Hold the funds for 21 days, giving the taxpayer a final chance to prove hardship or resolve the debt
  • Transfer the funds to CDOR after the hold expires, up to the full amount owed

6. Post-Levy Procedures

After the levy funds are transferred, the taxpayer receives confirmation by mail. If the levy does not cover the balance, CDOR may issue additional levies or pursue other collection actions, such as wage garnishment, liens, or property seizure.

Timeline at a Glance

1. Initial Assessment and Billing

  • Action: The CDOR issues an initial tax assessment and billing notice.
  • Typical Timeframe: Within 30 days of filing or completing an audit.

2. Final Determination and Demand

  • Action: A demand for payment is sent if taxes remain unpaid.
  • Typical Timeframe: 30–60 days later.

3. Transfer to Collections Division

  • Action: Case is moved to the Collections Division when payment is not made.
  • Typical Timeframe: After failure to pay.

4. Courtesy Notice of Levy Intent

  • Action: Taxpayer receives notice of levy intent before seizure begins.
  • Typical Timeframe: 10–30 days before levy action.

5. Levy Execution and Account Freeze

  • Action: Bank receives levy instructions and freezes the account.
  • Typical Timeframe: Immediate upon bank notice.

6. Transfer of Funds to CDOR

  • Action: Frozen funds are transferred to the state.
  • Typical Timeframe: After a 21-day hold period.

How Much Money Can Be Seized?

When the Colorado Department of Revenue (CDOR) issues a bank levy, it can claim funds for the total tax debt, including penalties, interest, and fees. From your bank account, Unlike a wage levy or wage garnishment, which only withholds a percentage of each paycheck, a bank levy may remove the full amount owed in one transaction if enough funds are available.

Bank Levy Limits and Scope

A Colorado tax bank levy can affect multiple types of accounts and balances:

  • Checking and Savings Accounts: CDOR can seize all available money in these accounts up to the debt balance.
  • Joint Accounts: If you share an account, the full balance is at risk, even if the co-owner does not owe taxes.
  • Multiple Accounts: If you hold several accounts at the same financial institution.
  • Business Accounts: For sole proprietors, business funds are treated as personal and can be taken.

There are no exemptions based solely on account type. Unless funds are specifically protected by law (such as certain government benefits), they may be subject to levy.

Example of Levy Calculation

Suppose a taxpayer owes $7,200 in unpaid taxes, penalties, and interest. At the time of the levy:

  • Checking account balance: $3,500
  • Savings account balance: $5,000
  • Total bank funds: $8,500

Since the levy amount is $7,200, the bank will freeze and transfer this amount to CDOR, leaving $1,300 to the taxpayer. This example shows how quickly levy funds can be removed and why acting as soon as a final notice or intent letter arrives is critical.

How to Stop or Reverse a Levy

A Colorado tax bank levy can be difficult to undo once funds have been removed, but taxpayers have several options for stopping or limiting its impact. The best approach depends on whether the levy has already been executed.

Before Levy Execution

Taking action quickly after receiving a final notice or intent letter can prevent CDOR from freezing your bank account. Options include:

  • Full Payment: Paying the full tax debt before the levy order reaches the bank immediately stops the process. Payments may need to be made with certified funds, such as a cashier’s check or money order.
  • Payment Plan Agreement: Taxpayers can request an installment agreement with the Collections Division. If approved, the levy action may be paused if the taxpayer makes monthly payments on time. Defaulting on the arrangement puts the account back at risk.
  • Economic Hardship Request: Filing Form DR 6596 (Statement of Economic Hardship) with supporting documentation can help demonstrate that a levy would prevent you from covering basic living expenses. If CDOR grants the request, levy funds may be released, or the action may be delayed.

After Levy Execution

If the levy has already been executed and money removed from your account, options are more limited but may still provide relief:

  • Procedural Errors: If CDOR made an error, such as levying the wrong account, seizing exempt funds, or failing to send proper notice, you can challenge the levy and request a reversal. Supporting documentation is required.
  • Hardship Release: Even after funds are seized, taxpayers may submit a hardship claim. While rarely granted after transfer, CDOR can return levy funds if keeping them would cause severe financial hardship.
  • Appeal Process: Taxpayers have the right to appeal by submitting a written request for review within 30 days of the levy notice. Appeals should include evidence of hardship, exempt funds, or mistakes in processing.

Why Acting Early Matters

Once levy funds are transferred, recovering them is difficult. Taxpayers who respond promptly to notices and explore other options, such as payment plans or hardship claims, are more likely to protect their accounts. Consulting with a tax attorney or enrolled agent can also improve the chances of resolving.

Special Situations and Exemptions

Not every bank account or source of money is treated the same during a Colorado tax bank levy. While the Colorado Department of Revenue (CDOR) has broad authority to collect tax debt, certain situations may change how levy funds are handled. Understanding these exemptions and exceptions can help taxpayers know what protections apply.

  • Joint Accounts: If you share a bank account with a spouse or another person, CDOR may still seize the balance if your name appears as an account owner. This applies even if the other account holder does not owe taxes. The co-owner may request a review to prove which portion of the funds is theirs, but this requires supporting documentation and may involve legal proceedings.
  • Business Accounts: For sole proprietors, a business account is considered the same as a personal one, so that levy funds can be taken. Partnerships and corporations differ: CDOR may only levy those accounts for company tax liabilities, not for an individual owner’s personal debt.
  • Protected Funds: Certain funds may be exempt from levy under state or federal law. These include Social Security benefits, veterans’ benefits, child support payments, and some unemployment income. While these accounts may still be frozen, taxpayers can request a release by proving the funds are exempt.
  • Elderly and Disabled Taxpayers: Older taxpayers or those with disabilities may qualify for additional relief. CDOR may grant a hardship release if the levy creates a significant risk of financial instability or prevents access to essential medical care. This requires submitting forms and supporting medical or financial records.

These exceptional cases do not automatically stop a levy. Taxpayers must actively notify CDOR, provide evidence, and sometimes involve the courts to protect exempt funds or prove eligibility. Acting quickly can make the difference between losing access to money and preserving essential resources.

How Long Does a Colorado Bank Levy Last?

A Colorado bank levy is usually a one-time event, but the Colorado Department of Revenue (CDOR) can issue multiple levies if the debt is unresolved. Unlike a wage garnishment, which continues to take money from each paycheck, a bank levy freezes and removes the available funds in your account on the date the levy is processed.

Once your bank receives the levy, it must immediately freeze the account and hold the levy funds for 21 days. This waiting period gives you time to request a payment plan, demonstrate financial hardship, or prove that some or all funds are exempt. After the 21 days pass, the bank transfers the frozen balance—up to the full amount of the debt—to CDOR.

Release Conditions

A bank levy will end or be released when one of the following occurs:

  • Full Payment: The taxpayer pays the balance owed, including penalties, interest, and fees.
  • Approved Payment Plan: CDOR grants an installment agreement, and the taxpayer remains compliant.
  • Hardship Determination: The department agrees that seizing the money would prevent taxpayers from meeting basic living needs.
  • Statute of Limitations: The collection period expires, generally six years from the tax's assessment date.

Even though a single levy removes money only once, CDOR can initiate new levies if the debt remains unpaid. Taxpayers should not assume the risk is over until they resolve the balance or enter into an agreement with the department.

Consequences of Ignoring a Bank Levy

Failing to address a Colorado bank tax levy can lead to serious and lasting problems. The balance may not be fully satisfied once levy funds are transferred to the Colorado Department of Revenue (CDOR). Ignoring the debt can result in additional collection actions that place more of your money, property, and wages at risk.

Immediate Financial Consequences

  • Account Disruption: Banks may close accounts after repeated levy activity, making it harder to open new ones.
  • Frozen Funds: You may lose access to money needed for essentials like rent, utilities, or food.
  • Credit Damage: A tax lien associated with a levy can appear on your credit report and lower your score, affecting your ability to borrow.

Escalating Collection Actions

  • Additional Levies: CDOR can initiate new levies until the full amount is collected.
  • Wage Garnishment: The department may also garnish a portion of each paycheck through your employer.
  • Property Seizure: Assets such as vehicles, real estate, or business equipment may be seized and sold.
  • License Suspension: Professional licenses can be suspended if a taxpayer ignores a final notice and continues to owe taxes.

Long-Term Life Impact

  • Employment Risks: A record of unpaid taxes and collection actions may affect background checks and professional opportunities.
  • Business Operations: Vendors, suppliers, and financial institutions may see you as a higher risk, disrupting contracts or collections relationships.
  • Personal Stress: Family members who share joint accounts or property can also feel the financial strain, which can lead to broader personal consequences.

Ignoring a levy does not make it disappear. Instead, it increases the balance owed through interest, penalties, and fees. Taxpayers who act quickly—whether by arranging payment, submitting hardship documentation, or contacting CDOR—are far more likely to resolve the issue and prevent escalating financial damage.

Frequently Asked Questions (FAQ)

Can the Colorado Department of Revenue take money directly from my bank account through a tax levy?

The Colorado Department of Revenue can issue a tax levy against your bank account if you have unresolved tax debt. Once the levy order is processed, your bank must freeze available funds and hold them for 21 days before transferring them to the state. This process can remove levy funds up to the full balance owed.

Does a wage levy work the same way as a bank levy?

No, a wage levy is different from a bank levy. A wage levy requires your employer to withhold a portion of your paycheck each pay period and send it to the Colorado Department of Revenue. A bank levy, by contrast, seizes money that has already been deposited into your account. Both methods can continue until the tax debt is resolved.

Can the funds levied from my bank account be returned if exempted?

Yes, but only under certain conditions. You can request their return if the funds taken through a bank levy include exempt funds such as Social Security benefits, child support, or veterans’ payments. You must provide proper documentation proving the source of the money. If CDOR confirms the exemption, it may release levy funds taken in error if it confirms the exemption.

Will a Colorado tax levy affect my direct deposit paychecks?

Yes, but only indirectly. A tax levy against your bank account can freeze funds that arrive through direct deposit, including wages, benefits, or other income. Once deposited, the money is subject to seizure unless it qualifies as exempt. By contrast, a wage levy takes money directly from your paycheck before it reaches your account.

How much notice do I get before CDOR initiates a bank levy?

The department generally sends multiple letters before taking levy action, including a final notice of intent. Sometimes, you may have as little as 10 days to respond. Although a courtesy notice is common, CDOR must not give extensive warning. Monitoring mail and notices closely is the best way to avoid surprise action.

What happens if my levy does not cover the full amount I owe?

If the levy funds do not pay the full amount of your balance, CDOR can issue additional levies until the debt is resolved. This may include new bank levies, wage garnishment, or property liens. Interest and penalties continue to accrue until the full tax debt is paid or an installment agreement is approved.

Do I need a lawyer to handle a Colorado bank levy?

No, you are not required to hire a lawyer, but professional help can make the process easier. A tax attorney, CPA, or enrolled agent can assist with filing appeals, negotiating payment plans, or proving hardship. Legal guidance is invaluable if your case involves large debts, joint accounts, or disputes about exempt funds.