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Legally, no, (USC 101-501. Is it done, yes. Even though military retirement benefits are legally exempt from IRS garnishment, it is sometimes allowed because the IRS is a very powerful (some believe out of control) agency. The IRS continually violates the rights of active and retired military personnel to be exempt from garnishment and penalties. The agency also violates the rights of U.S. citizens with complete immunity. The best option if the IRS attempts to garnish exempted property, income or assets is to file a counter-suit in U.S. District Court.

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17y ago
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13y ago

Yes, the Treasury Department can garnish Veterans' and Social Security benefits for a limited number of reasons:

  • Repay child support arrears
  • Unpaid alimony
  • Delinquent federal taxes (IRS)
  • Debt to other federal agencies (even the VA)

Generally, the government only withholds 15% of the benefit amount for government debt, but they often garnish larger amounts for mandatory alimony and child support payments.

The only benefits the US government can't attach are Supplemental Security Income (SSI) payments, a form of welfare for the disabled and retired people age 65 and older.

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14y ago

No. Disability payments are one of the few sources of income that are exempt from levy. Not so fast - check out 5 CFR 581.103 for what sources of income are subject to garnishment. You will be surprised to say the least..... A typical VA Disability Compensation payment is not income and is not subject to garnishment. If a former service member was initially awarded military disability retirement (which is income), and the member opted instead for VA Disability Compensation, the amount of the award that could have been taken as disability retirement can be garnished. Most veterans in receipt of Disability Compensation were not previously eligible for military disability retirement as the system discourages it by making it a difficult experience. 5 CFR 581.103 refers to garnishment for enforcement of child support orders. The Treasury Department does enforce child support through their Treasury Offset Program, so this may be applicable. However, for a tax debt 26 USC 6334 specifically provides that VA Disability Payments are exempt from levy.

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12y ago

Technically and legally, no. But, they do try and sometimes are successful until the garnishee files suit to have the judgment garnishment quashed.

FYI, Never commingle funds in a bank account when there are monies that are exempt from IRS or state tax agencies or judgment creditors. Always keep exempt funds in a separate account designated as such.

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15y ago

No, creditors, including the IRS cannot garnish government benefits.

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12y ago

Yes

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Q: Can IRS garnish retirement and social security?
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Related questions

What percentages does the IRS garnish from social security pension?

Ranging from 10% up to 97.5%


Can the IRS levy or garnish a Social Security Disability Settlement Check?

Social Security does not allow garnishment of disability benefits by creditors. Any credit card company, business, or individual who has won a judgment against you will never garnish your Social Security disability check.Social Security will allow garnishment of your Social Security disability benefits for current and past due child support or alimony. And the Internal Revenue Service is allowed to garnish Social Security disability and retirement benefits for delinquent taxes.Also, in addition to the IRS, other federal agencies may be allowed to garnish Social Security disability benefits.For instance, if an individual owes student loans that were federally guaranteed their Social Security disability benefit can be garnished.In theory, any money owed to the federal government can conceivably be garnished from Social Security retirement or disability checks.If you receive Supplemental Security Income (SSI) disability benefits, however, no creditor can garnish your benefit, not even the Federal Government. Since SSI is a need based disability benefit, it cannot be garnished.


Can the IRS garnish your ssdi if you have the status of non-collectible?

no, it is illegal to garnish social security disability income if you know how to fight the case.Perhaps you should look into retro-active payments they may owe you for the improper venue the irs has caused.


Why would the government garnish your Social Security check?

There are several reasons why the government would garnish one's Social Security check. One example would be, if one has some pending tax payments. The IRS might then evaluate other possibilities in order to get the bills paid.


Can the IRS withhold Social Security income for back taxes?

The IRS can garnish up to 15% of your Social Security check unless you work out an alternate repayment plan or are categorized as "uncollectible" due to income and expenses. If your Social Security benefits are in a bank account that has funds from other sources, the IRS may levy the account and take a larger amount. It would be in your best interest to contact the IRS to discuss your options.


Can the IRS garnish a spouse's check?

I just found out I owe 15000.00 to the IRS from a spouse who died 7 years ago and we filed jointley but he was dying. Can the attach my spousal social security?


Can a Social Security Disability check be taken for taxes?

The IRS can garnish up to 15% of your Social Security Disability check unless you work out an alternate repayment plan or are categorized as "uncollectible" due to income and expenses. It would be in your best interest to contact the IRS to discuss your options.


Do you have to pay taxes on railroad retirement?

Corpration closed owning taxes I retired on my husband railroad retirement can the irs garnish my check.


Can the IRS put a lien on a pension?

The IRS can garnish a retirement pension if you owe overdue back taxes. This type of garnishment is called a levy.


Can the IRS garnish 401k?

yes IRS will garnish 401k because they see it as a income.


Do IRS employees pay social security?

Yes.


Can social security take IRS refunds?

YES