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Stillwater County, Montana IRS Wage Levy & Hardship Resolution

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

Understanding IRS Collection Standards in Stillwater County

Navigating IRS enforced collection actions in Stillwater County, Montana, requires a precise understanding of the IRS Collection Financial Standards. When the IRS evaluates a taxpayer's ability to pay, typically through Form 433-A, Collection Information Statement, they calculate disposable income by comparing gross income against these established standards. While specific local housing and utilities standards are marked as N/A for Stillwater County, taxpayers must document their actual necessary expenses. The IRS National Standards cover essential living costs, such as food, with a single person allowed $812 monthly, and a family of four allowed $1983. These national figures are derived from Bureau of Labor Statistics (BLS) Consumer Expenditure Survey data. The goal is to determine if allowing a taxpayer to pay would create an "economic hardship," a critical consideration under IRC §6343(a)(1)(D). This data, sourced from IRS.gov Collection Financial Standards, BLS, and US Census Bureau, forms the foundation for any resolution strategy.

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

For taxpayers in Stillwater County, Montana, the absence of a specific IRS local housing and utilities allowance (listed as N/A) necessitates a direct substantiation of actual expenses. This situation highlights the importance of the HUD Fair Market Rent (FMR) data. For instance, the HUD FY2025 FMR for a 2-bedroom residence in the Stillwater County, MT HUD Metro FMR Area is $1280.0 per month. When the IRS local standard is N/A or insufficient, taxpayers can request a deviation from the standard, as outlined in Internal Revenue Manual (IRM) 5.15.1.10. Demonstrating that your actual housing costs, such as a rent of $1280.0 or higher, are both necessary and reasonable, especially when they align with or exceed HUD FMR figures, significantly strengthens a deviation argument. While regional shelter CPI data is not available for this specific region, the HUD FMR provides a robust, third-party benchmark for essential housing costs.

Food, Healthcare & Transportation Allowances

Beyond housing, the IRS provides National Standards for essential living expenses. For food, a single individual in Stillwater County is allowed $812 per month, while a family of four can claim $1983, based on Bureau of Labor Statistics Consumer Expenditure Survey data. Healthcare is another critical allowance; individuals under 65 are permitted $75 per month, and those 65 and over are allowed $153 per month, derived from the Medical Expenditure Panel Survey. For transportation in Stillwater County, Montana, the IRS Local Standards provide for both ownership and operating costs. A taxpayer with one car can claim $588 for ownership and $270 for operating expenses, totaling $858 monthly. These allowances are crucial for accurately determining a taxpayer's true ability to pay and are based on data from the Bureau of Labor Statistics and American Automobile Association operating costs.

Qualifying for Currently Not Collectible (CNC) Status in Montana

For Stillwater County residents facing an IRS tax debt they cannot afford, Currently Not Collectible (CNC) status offers temporary relief. To qualify, taxpayers must complete IRS Form 433-A, Collection Information Statement, detailing their income, assets, and expenses. The IRS will compare their total monthly income against their total allowable expenses, which include National Standards for food ($812 for a single person), healthcare ($75 for an individual under 65), and Local Standards for transportation ($858 for one vehicle). For housing, since the local standard is N/A, taxpayers would justify their actual necessary housing costs, potentially using the HUD FMR of $1280.0 for a 2-bedroom residence. If total allowable expenses exceed income, the taxpayer may be placed into CNC status under IRM 5.16.1, leading to the release of levies as per IRC §6343. It is vital to remember that while CNC stops active collection, it does not extend the Collection Statute Expiration Date (CSED), which typically remains 10 years from the assessment date under IRC §6502.

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Frequently Asked Questions

For Stillwater County, Montana, the IRS Collection Financial Standards currently list the local housing and utilities allowance as N/A. This means the IRS does not have a pre-determined standard amount for your area. Instead, taxpayers must substantiate their actual, necessary housing and utility expenses. The IRS will review these costs, and it's often beneficial to reference local benchmarks. For example, the HUD FY2025 Fair Market Rent for a 2-bedroom property in the Stillwater County, MT HUD Metro FMR Area is $1280.0 per month. If your actual housing costs are reasonable and essential, you can request a deviation from standard allowances, as permitted under Internal Revenue Manual (IRM) 5.15.1.10, using these local figures to support your case.
To qualify for Currently Not Collectible (CNC) status in Montana, you must demonstrate to the IRS that you lack the ability to pay your tax debt after accounting for necessary living expenses. This process begins by filing IRS Form 433-A, Collection Information Statement, which details your income, assets, and monthly expenses. The IRS compares your income to your allowable expenses, which include National Standards for food ($812 for a single person), healthcare ($75 for an individual under 65), and Local Standards for transportation ($858 for one vehicle). For housing, since Stillwater County's local standard is N/A, you would document your actual, reasonable housing costs, such as the HUD FMR of $1280.0 for a 2-bedroom. If your necessary expenses exceed your income, the IRS may place your account into CNC status under IRM 5.16.1, which can lead to the release of levies as per IRC §6343.
When the IRS issues a wage levy (Form 668-W) in Stillwater County, Montana, they cannot take your entire paycheck. A portion of your wages is exempt from levy, calculated using amounts from IRS Publication 1494, Table for Figuring Amount Exempt from Levy. For instance, in 2025, a single individual with zero dependents has a monthly exempt amount of $1096.67, while a single individual with one dependent has $1680.0 exempt. For a married individual filing jointly with zero dependents, the exempt amount is also $1096.67, increasing to $2286.67 with one dependent. Any income above this exempt amount is subject to levy. These federal limits supersede state wage garnishment laws, which typically follow federal Consumer Credit Protection Act (CCPA) limits of 25% of disposable earnings or the amount above 30 times the federal minimum wage.
If your rent in Stillwater County, Montana, exceeds the IRS standard, you have a strong basis to request a deviation. Since the IRS local housing and utilities standard is listed as N/A for Stillwater County, you must demonstrate your actual, necessary housing costs. For instance, if your rent is $1280.0 for a 2-bedroom, this aligns with the HUD FY2025 Fair Market Rent for the Stillwater County, MT HUD Metro FMR Area. The Internal Revenue Manual (IRM) 5.15.1.10 allows for deviations from standard allowances when a taxpayer can prove their actual expenses are reasonable and necessary. By providing documentation of your rent, utility bills, and other essential housing costs, you can argue that these expenses are vital for your health and welfare, and therefore should be allowed in calculating your ability to pay.
The IRS generally has 10 years to collect a tax debt, a period known as the Collection Statute Expiration Date (CSED). This 10-year period typically begins on the date the tax was assessed, as defined by Internal Revenue Code (IRC) §6502. It's crucial to understand that certain actions can pause or extend this collection period, such as filing for bankruptcy, requesting an Offer in Compromise (Form 656), or living outside the U.S. However, being placed in Currently Not Collectible (CNC) status under IRM 5.16.1 does not extend the CSED. For taxpayers in Stillwater County, Montana, who are placed into CNC, the 10-year clock continues to run, meaning if the IRS does not resume collection efforts before the CSED expires, the debt becomes legally uncollectible.

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