Understanding IRS Collection Standards in Lancaster County
When the IRS evaluates a taxpayer's ability to pay, particularly after issuing a Notice of Intent to Levy under IRC §6331, they require a detailed financial disclosure on Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals. This form helps the IRS determine a taxpayer's disposable income by applying a combination of National and Local Standards. For a single individual in Lancaster County, VA, the IRS National Standard for Food, Clothing, and Other necessities is $812 per month, which includes $449 for food alone, as derived from the Bureau of Labor Statistics Consumer Expenditure Survey. While specific IRS Local Standards for Housing & Utilities are not available for Lancaster County, VA, the IRS acknowledges that an inability to meet basic living expenses can constitute economic hardship, as defined under IRC §6343(a)(1)(D), potentially leading to levy release or Currently Not Collectible (CNC) status. These standards are publicly available on IRS.gov, drawing data from sources like the US Census Bureau and the Bureau of Labor Statistics.
Lancaster County Housing & Utilities Allowance vs. HUD Fair Market Rent
For taxpayers in Lancaster County, Virginia, the IRS Collection Financial Standards do not provide a specific local allowance for Housing & Utilities, showing as $N/A. This absence means the IRS will generally consider a taxpayer's actual reasonable housing expenses. However, comparing this to the HUD FY2025 Fair Market Rent (FMR) data for Lancaster County provides a crucial benchmark. For example, the HUD FMR for a 2-bedroom residence in this area is $1010.0 per month. If a taxpayer's actual housing expenses exceed the typical amounts the IRS might allow, they can request a deviation from the standard, as outlined in Internal Revenue Manual (IRM) 5.15.1.10. Such a deviation request is strengthened when actual, documented housing costs, like the $1010.0 for a 2BR, significantly exceed any implicit or assumed IRS allowance. While regional shelter CPI data is not available for Lancaster County, demonstrating that local rents align with or exceed HUD FMR figures can be a compelling argument for deviation.
Food, Healthcare & Transportation Allowances
Beyond housing, the IRS allows specific monthly expenses for other essential categories. For Food, Clothing, and Other items, the National Standards range from $812 for a single person to $1983 for a family of four, with an additional $357 for each extra person in the household, all based on the Bureau of Labor Statistics Consumer Expenditure Survey. Healthcare is another critical allowance; the IRS permits $75 per person per month for those under 65 and $153 per person per month for those 65 and over, derived from the Medical Expenditure Panel Survey. For transportation in Lancaster County, VA, the IRS Local Standards provide for both ownership and operating costs. For one owned vehicle, the allowance is $588 for ownership and $270 for operating expenses, totaling $858 per month. For two vehicles, this increases to $1176 for ownership and an additional $270 for operating, reaching $1446 per month. These figures are based on Bureau of Labor Statistics data and American Automobile Association operating costs.
Qualifying for Currently Not Collectible (CNC) Status in Virginia
Taxpayers in Lancaster County, Virginia, facing severe financial hardship may qualify for Currently Not Collectible (CNC) status, which temporarily halts enforced collection actions like wage or bank levies. To qualify, an individual must demonstrate, using Form 433-A, that their allowable monthly living expenses equal or exceed their monthly income. For a single filer in Lancaster County, using the HUD FMR for a 2-bedroom as a reasonable housing expense ($1010.0), combined with National Standards of $812 for Food, Clothing & Other, $75 for Out-of-Pocket Healthcare (under 65), and $858 for Transportation (one car), the total allowable expenses could be approximately $2755.0 per month ($1010.0 + $812 + $75 + $858). If a taxpayer's income does not exceed this amount, the IRS may grant CNC status. IRM 5.16.1 outlines the procedures for CNC determinations, and IRC §6343 allows for the release of a levy if it creates economic hardship. It's crucial to understand that CNC status does not forgive the tax debt; interest and penalties continue to accrue, and the 10-year Collection Statute Expiration Date (CSED) under IRC §6502 continues to run, meaning CNC status does not extend the time the IRS has to collect.