IRS Notice CP90: final notice before a levy
A CP90 is a final notice that the IRS intends to levy your federal payments, like Social Security, along with other assets. You have 30 days to protect your appeal rights.
What a CP90 means
The CP90 is a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. It carries the same rights and deadline as an LT11. It's often sent to people who receive federal payments, such as Social Security benefits, federal wages or retirement, or payments as a federal contractor.
What the IRS can take after a CP90
- Federal payments, through the Federal Payment Levy Program. This can include up to 15% of each Social Security benefit, federal salary or federal retirement payment, and up to 100% of payments to federal contractors.
- Wages and bank accounts, through regular levies.
- Other property, such as retirement accounts, accounts receivable, and in some cases vehicles or real estate.
What to do now
- Mark the deadline. Count 30 days from the date on the notice.
- Request a hearing if you need time. Send Form 12153 within the 30 days. At the hearing, you can propose a payment plan, an offer in compromise or "currently not collectible" status.
- Or set up a resolution directly. If you qualify for a payment plan now, that can also prevent the levy. See how IRS payment plans work.
- If the levy would cause hardship, tell the IRS. If a levy leaves you unable to pay basic living expenses, the IRS is required to release it.
If you miss the 30 days
You can still request an "equivalent hearing" within one year of the notice date, but the IRS doesn't have to stop collection while it's pending, and you can't appeal the decision to Tax Court. You can also set up a payment plan or other resolution at any time to get a levy released.
Where CP90 fits
The IRS sends collection notices in this order. A CP90 is a final notice, like the LT11.
Common questions
Can the IRS really take my Social Security?
Yes. Through the Federal Payment Levy Program, the IRS can take up to 15% of each Social Security benefit payment until the debt is paid or the levy is released. Supplemental Security Income (SSI) can't be levied.
What's the difference between a CP90 and an LT11?
Both are final notices with the same 30-day right to a hearing. They're sent by different parts of the IRS, and a CP90 often specifically mentions federal payments.
I'm retired on a fixed income. What are my options?
If paying would leave you unable to cover basic living expenses, you may qualify for "currently not collectible" status or a levy release based on hardship. You'll need to show the IRS your income and expenses.
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Written by Jonathan Samuel, EA, an Enrolled Agent licensed to represent taxpayers before the IRS. This page is general information, not advice for your specific situation.