Attorney advertising

St. Petersburg Tax Lawyer
Menu

St. Petersburg · Pinellas County

You retired. The IRS didn’t.

Social Security levies. Letters about your IRA. A penalty for a required distribution you did not know you had to take. These are fixable problems, and they are easier to fix early. I am a tax attorney, and this site explains how the IRS treats retirement income in plain English.

Free consultation. You talk to a lawyer, not a call center.

IRC 6331(h)

The IRS can take up to 15% of each Social Security payment

until the debt is resolved or the levy is released. How it works

Retirement income and the IRS

Guides by topic

Each guide cites the Internal Revenue Code, Treasury regulations, the Internal Revenue Manual, and the IRS forms involved, so you can see exactly where the rules come from.

How this works

Fixed income changes the strategy

The IRS does not treat a 70-year-old living on Social Security and an IRA the way it treats a 40-year-old with a paycheck. Its own manual tells collection employees to weigh whether you depend on retirement money for living expenses, and its financial standards allow more for health care once you turn 65.

That matters. It shapes whether a levy makes sense, whether hardship status fits, and what an offer in compromise has to look like. Knowing those rules is how you protect what you saved.

Florida has no state income tax, so for most Pinellas retirees the only tax collector in the picture is the IRS. Good news and bad news. One opponent, but it is the big one.

  1. 1Call and tell me what arrivedHave the IRS letter in front of you. The notice number in the corner (CP91, LT11, CP2000 and so on) tells us a lot.
  2. 2We pull your IRS transcriptsWith a signed Form 2848, I can see what the IRS sees: balances, deadlines, and what is coming next.
  3. 3You get a plan and a priceYou will know your options and what representation costs before you decide anything.

Straight answers

What retirees ask first

Can the IRS really take part of my Social Security?

Yes. Under Internal Revenue Code section 6331(h), the IRS can take up to 15 percent of each Social Security payment through the Federal Payment Levy Program, and it keeps going until the debt is resolved or the levy is released. Before it starts, the IRS has to send the required notices, and you have options, including payment plans and hardship status, that can stop it.

Does Florida law protect my IRA from the IRS?

Not from the IRS. Florida Statute 222.21 protects retirement accounts from ordinary creditors, but federal tax levies follow federal law. Section 6334(c) of the Internal Revenue Code says nothing is exempt from IRS levy except what that section lists, and IRAs are not on the list. The IRS does restrict itself internally, which matters a great deal in practice.

I missed my RMD. How bad is it?

The excise tax under section 4974 is 25 percent of the shortfall, and it drops to 10 percent if you take the missed distribution and report the tax within the correction window. The IRS can also waive it entirely for reasonable error if you are fixing the problem. Take the distribution, then file Form 5329 with an explanation.

Do I have to drive to Tampa?

No. Most IRS matters are handled by phone, mail, and secure document exchange. The office is in Tampa, a short drive across the bay from St. Petersburg, if you prefer to meet in person.

The letter is not going away. Neither are your options.

Free consultation for St. Petersburg, Clearwater, Largo, Seminole, Dunedin, and every other corner of Pinellas County.

Call (813) 229-7100