Background
A federal or state tax levy is an enforced collection tool used after notices and demand for payment fail. The IRS or state tax authority can levy property that belongs to a taxpayer to satisfy unpaid taxes. Ownership rules—set by state law and the way title is held—determine how much of a jointly owned asset the tax authority can reach. (IRS Publication 594; IRS levy overview: https://www.irs.gov/businesses/small-businesses-self-employed/levy)
How levies interact with different ownership forms
- Tenants in common: Each owner holds a specific share. The IRS can generally levy the delinquent owner’s identifiable interest; it cannot automatically take another owner’s separate share.
- Joint tenancy with right of survivorship: States typically presume equal ownership. The IRS can levy the delinquent owner’s interest, but state law can affect whether the IRS can force sale of the whole property.
- Community property states: Community assets may be available for collection of either spouse’s tax debt in some circumstances. State community-property rules are decisive here.
Real property vs. liquid accounts
- Real estate: The IRS commonly files a Notice of Federal Tax Lien against the taxpayer’s interest. To actually remove or sell the property, the IRS must follow legal procedures; in practice, the agency often forces sale only after other remedies fail. A levied sale can lead to distribution of proceeds according to ownership shares, but disputes commonly require court action.
- Bank and brokerage accounts: The IRS can levy a joint account and often freezes the available funds. A non-liable co-owner can claim exemption by proving the portion that belongs to them, but that typically requires documentation and a prompt claim. The Consumer Financial Protection Bureau explains rights and procedures for government levies on accounts (CFPB guidance).
Immediate practical steps (priority actions)
- Review notices closely and confirm the taxpayer named on the levy. The IRS must send a Notice of Intent to Levy and a Final Notice before levying most property. (See IRS levy rules.)
- If you are a non-liable co-owner, document your ownership percentage, deposit history, and any separate funds. This evidence supports a prompt claim for release or refund of funds taken from a joint account.
- Contact the IRS Collection Division immediately. Options that can stop or reverse a levy include full payment, an accepted Installment Agreement, an Offer in Compromise, or a proof-of-non-liability showing. For details on getting a levy released quickly, see the FinHelp guide: How to Get a Federal Tax Levy Released Quickly (/glossary/how-to-get-a-federal-tax-levy-released-quickly/).
- If the levy is imminent or funds are frozen, follow the steps in FinHelp’s Immediate Steps to Protect Assets When Facing a Tax Levy (/glossary/immediate-steps-to-protect-assets-when-facing-a-tax-levy/).
- Consider filing for relief where applicable: injured-spouse claims protect joint-income tax refunds (separate process), and innocent-spouse relief addresses liability on joint returns—not necessarily property levies—so seek counsel.
- If collection actions seem improper, request Collection Due Process (CDP) rights or contact the Taxpayer Advocate Service (Form 911) for urgent review.
Common outcomes and legal remedies
- Partial recovery: Non-liable co-owners often recover their share after proving their interest; recovery may require administrative claims or litigation.
- Sale or forced partition: If the IRS forces a sale to satisfy the taxpayer’s debt, proceeds are distributed according to ownership shares—again, state law governs the calculation.
- Negotiated resolution: Many levies are resolved by arranging payments or proving lack of taxpayer interest in the asset.
Practical tips from practice
- Keep clear records for joint accounts: regular statements, deposit sources, and transfers make it easier to prove non-liability.
- For business partners and nonspousal co-owners, consider formal agreements that document ownership percentages and rights to distributions.
- When possible, avoid placing large personal or third-party funds in an account titled with someone who has unsettled tax issues.
Related resources
- Understanding a Tax Levy — FinHelp glossary (/glossary/understanding-a-tax-levy/)
- How to Get a Federal Tax Levy Released Quickly — FinHelp guide (/glossary/how-to-get-a-federal-tax-levy-released-quickly/)
- Immediate Steps to Protect Assets When Facing a Tax Levy — FinHelp checklist (/glossary/immediate-steps-to-protect-assets-when-facing-a-tax-levy/)
Authoritative references
- IRS Publication 594, The IRS Collection Process (https://www.irs.gov/publications/p594)
- IRS — Levy overview (https://www.irs.gov/businesses/small-businesses-self-employed/levy)
- Consumer Financial Protection Bureau — guidance on government levies of bank accounts (https://www.consumerfinance.gov/ask-cfpb/can-the-irs-or-other-government-agency-freeze-or-levy-my-bank-account-en-1422/)
Professional disclaimer
This article is educational and does not replace personalized legal or tax advice. For decisions affecting your property or tax liability, consult a qualified tax attorney or licensed tax professional.

