If I have a wage levy on my paycheck and I received the release of levy from the IRS, does my employer need to give me my entire paycheck?

Generally speaking, the answer to that question is yes, the IRS must give you your entire paycheck if you receive a release of levy. That includes monies that have been withheld from your check and never remitted to the IRS.

What you won’t receive back from your employer is a wage levy amount that was taken from your paycheck and already remitted to the IRS. That money has gone to the IRS and will be used to settle tax debts that you owe for the particular year in question. In other words, if you got a levy for 2010, the money is going to go to the 2010 taxes.

So if you work quickly and get a release of levy from the IRS and give it to your employer, generally speaking they’re going to give you 100% of your wages if you get a full release of levy.

If you get a partial release of levy, they’ll release up to the amount that the IRS says to leave on as a levy, and that could be whatever the installment agreement amount might be. If you’ve entered into an installment agreement with the IRS, they might just choose to leave the wage levy on there as a partial release of levy.