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Faulk 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 Faulk County

Taxpayers in Faulk County, South Dakota facing IRS collection actions, such as wage levies (Form 668-W) or bank levies (Form 668-A), must understand how the IRS determines their ability to pay. The IRS uses a detailed financial analysis documented on Form 433-A, 'Collection Information Statement for Wage Earners and Self-Employed Individuals,' to calculate a taxpayer's disposable income. This calculation relies on a combination of National and Local Collection Financial Standards, which are derived from comprehensive data provided by IRS.gov, the Bureau of Labor Statistics (BLS), and the US Census Bureau. For instance, the National Standard for Food for a single individual in Faulk County is $449 per month, part of a total $812 for Food, Clothing & Other. While specific IRS Local Housing Standards are not published for Faulk County, taxpayers must demonstrate their actual necessary living expenses. If your expenses exceed these standards, you may qualify for economic hardship relief under IRC §6343(a)(1)(D), preventing or releasing a levy.

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

Navigating housing expenses in Faulk County, South Dakota, within the IRS collection framework presents a unique situation. The IRS Collection Financial Standards currently list 'N/A' for housing and utilities for Faulk County, meaning there isn't a pre-determined local standard allowance. In such cases, the IRS will generally allow actual, reasonable housing expenses. For comparison, the US Department of Housing & Urban Development (HUD) reports a Fair Market Rent (FMR) of $950.0 for a 2-bedroom unit in Faulk County for FY2025. If your actual housing expenses exceed the typical amounts allowed in comparable regions or what the IRS deems reasonable, you can request a deviation from the standard, as outlined in Internal Revenue Manual (IRM) 5.15.1.10. Documenting that your actual rent, such as $950.0 for a 2-bedroom, is a necessary expense strengthens your argument for a deviation, especially since specific regional shelter CPI data is not available for Faulk County to demonstrate year-over-year changes.

Food, Healthcare & Transportation Allowances

Beyond housing, the IRS allows for essential living expenses across several National and Local Standards for Faulk County, SD taxpayers. For food, clothing, and other necessary items, the National Standards, based on the Bureau of Labor Statistics Consumer Expenditure Survey, provide a monthly allowance of $812 for a single person, escalating to $1983 for a family of four. Healthcare costs are addressed by the National Standards for Out-of-Pocket Healthcare, allowing $75 per person under 65 and $153 per person 65 and over monthly, derived from the Medical Expenditure Panel Survey. For transportation, Faulk County residents can claim Local Standards. For one owned car, this includes $588 for ownership costs and $270 for operating costs (for the region), totaling $858 monthly. For two owned cars, the allowance is $1176 for ownership and $270 for operating, totaling $1446 monthly, based on BLS data and American Automobile Association operating costs.

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

Achieving Currently Not Collectible (CNC) status in Faulk County, South Dakota, offers critical relief from aggressive IRS collection actions. To qualify, you must demonstrate to the IRS that your income is insufficient to pay your basic living expenses and your tax debt. This process begins by filing Form 433-A, 'Collection Information Statement,' to provide a comprehensive financial picture. The IRS will compare your total monthly income against your total allowable expenses, which include the National and Local Standards. For example, a single filer in Faulk County might claim allowable expenses such as $950.0 for housing (using HUD FMR as a reasonable actual expense where no IRS standard exists), $812 for food, clothing, and other, $75 for healthcare (under 65), and $858 for one car transportation, totaling $2695.0. If your income falls below this threshold, the IRS may place your account in CNC status under IRM 5.16.1, which can lead to the release of a levy under IRC §6343. 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.

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Frequently Asked Questions

For Faulk County, South Dakota, the IRS Collection Financial Standards for housing and utilities are currently listed as 'N/A,' meaning there is no specific predetermined local standard. Instead, the IRS will typically allow taxpayers to claim their actual, reasonable housing expenses. For context, the HUD Fair Market Rent for a 2-bedroom unit in Faulk County for FY2025 is $950.0. If your actual housing costs exceed what the IRS might otherwise allow in a similar region, you can submit documentation and request a deviation from the standard, as permitted under Internal Revenue Manual (IRM) 5.15.1.10. It is crucial to provide proof of these necessary expenses when completing your Form 433-A.
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 after covering necessary living expenses. This is primarily done by submitting Form 433-A, 'Collection Information Statement for Wage Earners and Self-Employed Individuals.' The IRS will evaluate your income against allowable expenses, which include National Standards for items like food ($812 for a single person) and healthcare ($75 per person under 65), and Local Standards for transportation ($858 for one owned car). If your income is less than your total allowable expenses, the IRS may grant CNC status under IRM 5.16.1. For instance, if your combined housing (e.g., $950.0 using HUD FMR as an actual expense), food, healthcare, and transportation expenses exceed your net income, you may qualify.
When the IRS issues a wage levy (Form 668-W) in Faulk County, South Dakota, the amount taken from your paycheck is determined by IRS Publication 1494, 'Table for Figuring Amount Exempt from Levy,' for 2025. This table specifies a portion of your wages that is exempt from levy, calculated based on your filing status and number of dependents. For example, a single individual with zero dependents has a monthly exemption of $1096.67. A married individual filing jointly with one dependent has a monthly exemption of $2286.67. Any disposable earnings above these amounts are subject to the levy. South Dakota follows federal Consumer Credit Protection Act (CCPA) limits, which typically cap garnishments at 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less. However, IRS levies often take precedence and can be more aggressive, making understanding Form 668-W crucial.
If your rent in Faulk County, South Dakota, exceeds the IRS's standard, which is currently 'N/A' for housing, you are not necessarily penalized. Since there's no pre-set standard, the IRS will consider your actual, reasonable housing expenses. For example, if you are paying $950.0 for a 2-bedroom unit, which aligns with the HUD Fair Market Rent for Faulk County, you would report this actual expense on Form 433-A. If your necessary housing costs are higher than what the IRS might typically allow in a comparable area, you can request a deviation. Internal Revenue Manual (IRM) 5.15.1.10 outlines the process for demonstrating that your expenses are necessary and reasonable given your circumstances. Providing documentation such as lease agreements, utility bills, and proof of payment is vital to substantiate your claim.
The IRS generally has 10 years to collect a tax debt from the date of assessment, a period known as the Collection Statute Expiration Date (CSED), as defined by Internal Revenue Code (IRC) §6502. This 10-year window can be paused or extended under certain circumstances, such as filing for bankruptcy, requesting a Collection Due Process (CDP) hearing, or living outside the U.S. While obtaining Currently Not Collectible (CNC) status in Faulk County, SD, provides immediate relief from collection actions, it's crucial to understand that CNC status itself does not extend the CSED. The 10-year clock continues to run while your account is in CNC status, making it a powerful strategy for allowing the statute to expire without payment if your financial hardship persists. However, the IRS will periodically review your financial situation to determine if your ability to pay has improved.

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