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Navigating IRS Wage Levy & Hardship in Chouteau County, Montana

Last updated: May 29, 2026 · Sources: IRS.gov, HUD.gov, BLS.gov

Understanding IRS Collection Standards in Chouteau County

Taxpayers in Chouteau County, Montana, facing IRS enforced collection actions, such as wage or bank levies, must understand how the IRS determines their ability to pay. The IRS uses a detailed financial analysis, typically documented on Form 433-A, 'Collection Information Statement for Wage Earners and Self-Employed Individuals,' to assess a taxpayer's disposable income. This assessment relies on a combination of National and Local Standards for various living expenses. For a single individual in Chouteau County, the IRS National Standard for Food, Clothing & Other is $812 per month, which includes $449 for food. While specific IRS Local Standards for Housing & Utilities are not available for Chouteau County, the IRS will review actual necessary expenses. This structured approach ensures that taxpayers retain funds for basic living needs, aligning with the IRS's policy to consider economic hardship under IRC §6343(a)(1)(D). These standards are meticulously derived from authoritative data sources including IRS.gov Collection Financial Standards, the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey, and the U.S. Census Bureau American Community Survey.

Chouteau County Housing & Utilities Allowance vs. HUD Fair Market Rent

For residents of Chouteau County, Montana, the IRS Collection Financial Standards do not provide a specific Local Standard for Housing & Utilities. This 'N/A' designation means the IRS will evaluate actual housing expenses, provided they are reasonable and necessary. To establish a baseline for reasonable housing costs, taxpayers can reference the U.S. Department of Housing & Urban Development (HUD) FY2025 Fair Market Rent (FMR) data for Chouteau County. For instance, the HUD FMR for a 2-bedroom unit is $1430.0 per month, while a 1-bedroom is $1090.0. If a taxpayer's actual housing costs exceed the HUD FMR, or if a specific IRS Local Standard were available and lower, taxpayers can request a deviation from the standard under Internal Revenue Manual (IRM) 5.15.1.10. This deviation process allows the IRS to consider higher, substantiated expenses crucial for health and welfare. While regional Shelter CPI data from the Bureau of Labor Statistics is not available for Chouteau County, documenting actual, necessary housing expenses is critical for a favorable outcome.

Food, Healthcare & Transportation Allowances

Beyond housing, the IRS also accounts for other essential living expenses in Chouteau County, Montana. The National Standards for Food, Clothing & Other allow a single individual $812 per month, increasing to $1478 for two people, $1697 for three, and $1983 for a family of four. These figures are based on the Bureau of Labor Statistics Consumer Expenditure Survey. For healthcare, the National Standards for Out-of-Pocket Healthcare permit $75 per month for individuals under 65 and $153 per month for those 65 and over, per person, derived from the Medical Expenditure Panel Survey. Transportation is covered by IRS Local Standards, with specific allowances for Chouteau County. For one car, the ownership cost is $588 per month, and the operating cost for this region is $270 per month, totaling $858. For two cars, the total allowance is $1176 for ownership plus $270 operating, amounting to $1446. These transportation figures are based on Bureau of Labor Statistics data and American Automobile Association operating costs, ensuring essential travel is accounted for.

Qualifying for Currently Not Collectible (CNC) Status in Montana

For taxpayers in Chouteau County, Montana, facing severe financial hardship, the IRS offers Currently Not Collectible (CNC) status. This status, governed by IRM 5.16.1, effectively pauses enforced collection actions when a taxpayer demonstrates that their allowable living expenses exceed their income, leaving no disposable income to pay their tax debt. To qualify, taxpayers must complete and submit Form 433-A, detailing all income, assets, and necessary expenses. For a single filer in Chouteau County, a typical calculation might involve combining a reasonable housing expense (e.g., $1090.0 for a 1-bedroom unit based on HUD FMR), with National Standard allowances such as $812 for Food, Clothing & Other, $75 for Out-of-Pocket Healthcare (under 65), and $858 for 1-car Transportation. If the sum of these allowable expenses ($1090.0 + $812 + $75 + $858 = $2835) exceeds their net monthly income, they could be eligible for CNC status. Upon approval, the IRS will typically release any existing levies, such as a wage levy (Form 668-W) or bank levy (Form 668-A), under IRC §6343. Importantly, CNC status does not forgive the debt; interest and penalties continue to accrue, but the collection period, known as the Collection Statute Expiration Date (CSED) under IRC §6502 (typically 10 years from assessment), generally continues to run, meaning the debt can expire while in CNC status.

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Frequently Asked Questions

For Chouteau County, Montana, the IRS Collection Financial Standards for Housing and Utilities are designated as 'N/A,' meaning there isn't a fixed standard amount provided by the IRS. Instead, the IRS will assess a taxpayer's actual, reasonable, and necessary housing expenses. Taxpayers should be prepared to substantiate their rent or mortgage payments, utilities, and other essential housing costs. For guidance on what constitutes a reasonable expense, one can look to the HUD FY2025 Fair Market Rent (FMR) data for the area, which indicates $1090.0 for a 1-bedroom apartment and $1430.0 for a 2-bedroom. If your actual housing costs exceed what the IRS might consider reasonable, you may need to request a deviation from the standard, as outlined in IRM 5.15.1.10, by providing detailed documentation demonstrating the necessity of these higher expenses for your health and welfare.
To qualify for Currently Not Collectible (CNC) status in Montana, you must demonstrate to the IRS that your income is insufficient to cover your allowable basic living expenses, leaving no funds available to pay your tax debt. This process typically involves submitting Form 433-A, 'Collection Information Statement for Wage Earners and Self-Employed Individuals,' detailing your income, assets, and all necessary monthly expenses. The IRS evaluates these expenses against National Standards (e.g., $812 for a single person's Food, Clothing & Other, $75 for Out-of-Pocket Healthcare for those under 65) and Local Standards (e.g., $858 for 1-car Transportation in Chouteau County). For housing, since Chouteau County has no specific IRS standard, actual, reasonable expenses are considered, potentially benchmarked against HUD FMRs like $1090.0 for a 1-bedroom unit. If your total allowable expenses exceed your net disposable income, the IRS, guided by IRM 5.16.1, may place your account in CNC status, temporarily halting enforced collection actions.
When the IRS issues a wage levy (Form 668-W), the amount taken from your paycheck is determined by specific calculations outlined in IRS Publication 1494. This publication details the exempt amount from levy based on your filing status and the number of dependents you claim. For 2025, a single individual with no dependents in Chouteau County, Montana, has $1096.67 per month (or $548.33 per bi-weekly pay period) exempt from levy. If that same single individual claims one dependent, their exempt amount rises to $1680.0 per month. For a married individual filing jointly with no dependents, the exempt amount is also $1096.67 monthly, increasing to $2286.67 with one dependent. The IRS can levy the amount of your disposable earnings that exceeds this exempt threshold. This process is authorized under IRC §6331, which grants the IRS the authority to levy wages and other property.
Given that there is no specific IRS Local Standard for Housing & Utilities for Chouteau County, Montana, the IRS will evaluate your actual, necessary housing expenses. If your rent, for example, is $1430.0 for a 2-bedroom unit, which aligns with the HUD FY2025 Fair Market Rent, the IRS is likely to consider this reasonable. However, if your actual rent significantly exceeds typical market rates or the HUD FMR, you can still argue for its allowance. Under IRM 5.15.1.10, taxpayers can request a deviation from established standards if their actual expenses, though higher, are necessary for their health and welfare or that of their family. To successfully argue for a deviation, you must provide detailed documentation and a compelling explanation for why your specific housing costs are unavoidable and essential. This could include medical necessity, lack of affordable alternatives, or other unique circumstances.
The IRS has a statutory period to collect tax debts, known as the Collection Statute Expiration Date (CSED), which is generally 10 years from the date the tax was assessed. This 10-year period is established under Internal Revenue Code (IRC) §6502. While in Currently Not Collectible (CNC) status, the IRS will not actively pursue collection, but the CSED typically continues to run. This means that if your financial hardship persists, the 10-year collection window could expire, and the debt would no longer be legally collectible. However, certain actions can pause or extend the CSED, such as filing for bankruptcy, submitting an Offer in Compromise (Form 656), or requesting a Collection Due Process hearing. Understanding your CSED is a critical component of any IRS tax resolution strategy, including utilizing CNC status to allow the clock to run out while you are unable to pay.

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