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Deuel County, South Dakota IRS Wage Levy & Hardship Relief

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

Understanding IRS Collection Standards in Deuel County

For taxpayers in Deuel County, South Dakota facing IRS collection actions, understanding the IRS Collection Financial Standards is crucial for protecting your financial stability. When the IRS evaluates your ability to pay, typically through Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, they calculate your disposable income by comparing your gross income against a set of allowable living expenses. These expenses are categorized into National Standards (Food, Clothing, Other, and Out-of-Pocket Healthcare) and Local Standards (Housing & Utilities, and Transportation). For a single individual in Deuel County, the IRS National Standard for Food, Clothing & Other is $812 per month. While specific local housing allowances for Deuel County are not provided by the IRS, the agency uses data from sources like the Bureau of Labor Statistics (BLS) and the U.S. Census Bureau to establish these benchmarks. If your essential living expenses exceed your income after applying these standards, you may qualify for economic hardship, as defined under Internal Revenue Code (IRC) §6343(a)(1)(D), potentially leading to levy release or Currently Not Collectible status.

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

Taxpayers in Deuel County, SD, will find that the IRS Collection Financial Standards do not list a specific local housing and utilities allowance for their area, showing 'N/A' across all household sizes. This absence means the IRS expects taxpayers to substantiate their actual housing and utility expenses, which can be a significant advantage if your costs exceed a theoretical standard. For context, the U.S. Department of Housing and Urban Development (HUD) FY2025 Fair Market Rent (FMR) data for Deuel County indicates a 2-bedroom unit averages $1110.0 per month. If your actual, reasonable housing costs, supported by documentation, are higher than what the IRS might typically allow in other regions, you can argue for a deviation from standard allowances. Internal Revenue Manual (IRM) 5.15.1.10 explicitly permits deviations from national or local standards when a taxpayer can demonstrate that the standard is inadequate to provide for basic living expenses. Although regional Shelter Consumer Price Index (CPI) data from the Bureau of Labor Statistics is not available for Deuel County, presenting your actual rent, such as a $1110.0 payment for a 2-bedroom home, can be a strong component of your deviation argument.

Food, Healthcare & Transportation Allowances

Beyond housing, the IRS provides specific allowances for other critical living expenses for Deuel County residents. The National Standards for Food, Clothing & Other, derived from the Bureau of Labor Statistics Consumer Expenditure Survey, provide $812 per month for a single individual, $1478 for a two-person household, $1697 for three people, and $1983 for a four-person family, with an additional $357 for each extra person. Healthcare expenses are also standardized: individuals under 65 are allowed $75 per month, while those 65 and over receive $153 monthly per person, based on data from the Medical Expenditure Panel Survey. For transportation, Deuel County residents are subject to IRS Local Standards derived from BLS data and American Automobile Association operating costs. A taxpayer with one car can claim an ownership cost of $588 plus an operating cost of $270, totaling $858 per month. For two vehicles, the allowance increases to $1176 for ownership plus the $270 operating cost, for a total of $1446 monthly. These allowances are crucial for determining your ability to pay and for negotiating a resolution with the IRS.

Qualifying for Currently Not Collectible (CNC) Status in South Dakota

Achieving Currently Not Collectible (CNC) status can provide significant relief for Deuel County, South Dakota taxpayers facing severe financial hardship. To qualify, you must demonstrate to the IRS that, after accounting for your necessary living expenses, you have no disposable income to pay your tax debt. This process typically begins by submitting Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, detailing your income, assets, and expenses. The IRS will compare your income against the allowable National and Local Standards. For example, a single filer in Deuel County might present monthly expenses including a reasonable housing cost such as the HUD FMR for a 2-bedroom at $1110.0, plus the National Standard for Food, Clothing & Other at $812, out-of-pocket healthcare at $75, and one-car transportation at $858. If the sum of these, $2855, exceeds their net income, the IRS may deem them CNC. Internal Revenue Manual (IRM) 5.16.1 outlines the procedures for placing an account in CNC status. While in CNC, the IRS generally ceases active collection efforts, and under IRC §6343, existing levies may be released. Importantly, CNC status does not extend the Collection Statute Expiration Date (CSED) under IRC §6502, which is typically 10 years from the date of assessment, meaning the debt can expire if not collected within that timeframe.

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Frequently Asked Questions

For Deuel County, South Dakota, the IRS Collection Financial Standards do not provide a specific local housing and utilities allowance, listing 'N/A' for all household sizes. This means taxpayers must substantiate their actual, reasonable housing expenses. For guidance, the HUD FY2025 Fair Market Rent (FMR) for Deuel County shows a Studio at $800.0, 1-bedroom at $860.0, 2-bedroom at $1110.0, 3-bedroom at $1510.0, and 4-bedroom at $1660.0. If your actual housing costs are reasonable and documented, the IRS may allow them. Internal Revenue Manual (IRM) 5.15.1.10 allows for deviations from standard allowances if the taxpayer can demonstrate that the standard is inadequate for basic living needs.
To qualify for Currently Not Collectible (CNC) status in South Dakota, you must demonstrate to the IRS that you lack the financial ability to pay your tax debt. This involves completing and submitting IRS Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, which details your income, assets, and all monthly living expenses. The IRS will compare your reported expenses against their National and Local Collection Financial Standards. For instance, a single individual's allowable National Standard for Food, Clothing & Other is $812 per month. If your total allowable expenses, including a reasonable housing cost (e.g., supported by HUD FMR data for Deuel County), exceed your net monthly income, the IRS may place your account in CNC status, suspending active collection efforts as per IRM 5.16.1. This status can also lead to the release of an existing levy under IRC §6343.
If the IRS issues a wage levy (Form 668-W, Notice of Levy on Wages, Salary, and Other Income) in Deuel County, South Dakota, the amount they can take is determined by specific calculations outlined in IRS Publication 1494, Table for Figuring Amount Exempt from Levy. The IRS does not take your entire paycheck. For 2025, the monthly exempt amount for a single individual with zero dependents is $1096.67. For a single individual claiming one dependent, the exempt amount increases to $1680.0 per month. A married taxpayer filing jointly with zero dependents also has an exemption of $1096.67, while with one dependent, it rises to $2286.67. Any income above these exempt thresholds is subject to the levy. State wage garnishment laws in South Dakota typically follow federal Consumer Credit Protection Act (CCPA) limits, which cap garnishments at 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, but IRS levies often take precedence and follow IRS rules.
If your actual rent in Deuel County, South Dakota, exceeds the IRS's unlisted local housing standard (which is 'N/A' for the area), you have a strong basis to argue for a deviation. The IRS recognizes that standard allowances may not always cover necessary living expenses. For instance, the HUD FY2025 Fair Market Rent for a 2-bedroom unit in Deuel County is $1110.0. If your rent is at or above this amount, you should provide documentation such as your lease agreement and utility bills to substantiate your actual costs. Internal Revenue Manual (IRM) 5.15.1.10 allows for deviations from the standard allowances when a taxpayer can demonstrate, with proper documentation, that the standard is inadequate to provide for basic living expenses. This evidence is critical when negotiating an Offer in Compromise or seeking Currently Not Collectible status.
The IRS generally has 10 years to collect a tax debt from the date of assessment. This period is known as the Collection Statute Expiration Date (CSED), as mandated by Internal Revenue Code (IRC) §6502. After this 10-year period, the IRS is legally barred from collecting the debt. However, certain actions can pause or extend this collection period, such as filing for bankruptcy, submitting an Offer in Compromise (OIC), or requesting a Collection Due Process (CDP) hearing. While being placed in Currently Not Collectible (CNC) status means the IRS temporarily ceases active collection efforts, it is crucial to understand that CNC status itself does not extend the CSED. The 10-year clock continues to run even if your account is in CNC, making it a viable strategy for allowing the statute of limitations to expire on your tax debt.

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