Ezel / IRS Rulings / 201151024

CCA 201151024: Chief Counsel addresses a levy on an overseas bank account

Number
201151024
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Held in Foreign Branch Bank
Topics
Procedure, penalties, and administration
Code sections
§ 6332, § 6110
Ruling dated
April 8, 2011
Publicly released
December 23, 2011
Source
View Official PDF

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2011, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2011
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

Chief Counsel advised that a levy may be issued in the United States to reach funds held in a taxpayer's overseas account at a bank engaged in banking business in the United States. The advice directs the IRS to follow the procedures in Treas. Reg. § 301.6332-1(a)(2) when issuing and serving the levy. The email also suggests coordinating the matter again if the levy is challenged.

Ruling snapshot

  • Question: May the IRS issue and serve a U.S. levy against funds in a taxpayer's overseas account at a qualifying bank?
  • Outcome: Advice given.
  • Key authorities: IRC § 6332; Treas. Reg. § 301.6332-1(a)(2)

Full text (IRS public release)

ID: CCA-481252-11 Number: 201151024
Release Date: 12/23/2011
Office: ------------------
UILC: 6332.02-00

From: ----------------------
Sent: Friday, April 08, 2011 12:52 PM
To: ------------------
Cc: -----------------------
Subject: RE: Levy on domestic branch of financial institution to reach funds held in an offshore account
---------

-------------------

---------------------sees no reason why a levy cannot be issued in the U.S. for an account that the taxpayer has overseas. It appears, based on the facts presented, the taxpayer does indeed have an overseas account with an office/branch of a "bank engaged in banking business in the United States[.]" Treas. Reg. § 301.6332-1(a)(2).

Please follow the procedures laid out in Treas. Reg. § 301.6332-1(a)(2) when issuing and serving the levy on the bank. In addition, please feel free to recoordinate this matter with -------and --------------in the event that the issuance of the levy is challenged. Thanks.

----------

---------------------

What does the Code say today, for your facts?

This advice was written for IRS staff and cannot be cited. Ezel checks the current Internal Revenue Code and IRS guidance against your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace