Yes, in most cases, you need to file all missing tax returns before the IRS will fully stop or release a levy. When the IRS issues a levy, your case is already deep in collections. At that point, they will expect you to be in compliance before they agree to any long-term solution. Simply put, that means getting your tax filings caught up.
If you are not current, your options become very limited.
Can You Get a Levy Lifted Without Filing Everything First?
Sometimes, but it is usually short-lived. The IRS may agree to pause or release a levy if the situation is urgent. This often happens when you can show financial hardship, such as being unable to pay for basic living expenses. It can also happen if there is a clear error or if you respond quickly after receiving a final notice.
That said, this type of relief is not meant to last. The IRS will still expect you to file your missing returns soon after.
Why the IRS Keeps Coming Back to Your Filing Status
There is a reason filing comes up in almost every IRS conversation. Until your returns are filed, the IRS does not have a clear picture of what you actually owe. In some cases, they may have already filed returns for you (Substitute For Returns) that do not include deductions or credits. That can inflate your balance.
Being current also opens the door to resolution options. For example, you generally will not qualify for a payment plan or an Offer in Compromise unless your filings are up to date.
What If You Keep Putting Off Those Returns?
Delaying usually makes things worse. If you do not file, the IRS may create Substitute for Returns on your behalf. These are based on income data only and do not take your full situation into account. The result is often a higher tax bill than you actually owe.
If a levy is based on those numbers, you could end up dealing with a balance that is overstated from the start.
Final Thoughts
Stopping a levy is only part of the process. The real goal here is to resolve the underlying issue so the IRS does not come back with another collection action. Filing your missing returns is a key step in that process. Even if you get temporary relief, you will need to get compliant to move forward with a lasting solution.







Steven N. Klitzner, P.A. is a tax attorney based in Miami, Florida. He has been practicing tax law for over 40 years, and currently holds a 10.0 rating by Avvo. Mr. Klitzner was appointed to the IRS Service Advisory Council in 2021 and is... 





