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IRS Notice CP90: Final Notice of Intent to Levy

Notice CP90 (for individuals) and CP297 (for businesses) are the Final Notice of Intent to Levy and Notice of Your Right to a Hearing. This is the critical 30-day notice required by IRC Section 6330 before the IRS can levy most property. Af

By Sarah Mitchell·3 min read·Updated April 23, 2026
Critical Urgency
Notice CP90 (for individuals) and CP297 (for businesses) are the Final Notice of Intent to Levy and Notice of Your Right to a Hearing. This is the critical 30-day notice required by IRC Section 6330 before the IRS can levy most property. After 30 days, the IRS can seize wages, bank accounts, retirement accounts, and other assets. CP90 is functionally similar to Letter 1058 and LT11 — all three are Final Notices of Intent to Levy.

Your Collection Due Process rights

CP90 triggers your Collection Due Process (CDP) rights. Within 30 days of the notice date, a Collection Due Process hearing can be requested with the IRS Office of Appeals. The properly-filed CDP request immediately halts all levy action pending the hearing. At the CDP hearing you can: propose collection alternatives (installment agreement, OIC, CNC); contest the underlying tax liability in some circumstances; raise procedural issues with the IRS's collection approach.

Action required within 30 days

Three productive paths exist within the 30-day window: requesting a Collection Due Process hearing (the strongest protection — properly filed, it halts levy and creates a negotiation forum with the independent IRS Office of Appeals); resolving the underlying debt through payment, installment agreement, Offer in Compromise, or Currently Not Collectible status; or a combination of both. The worst path is doing nothing — after 30 days, CDP rights are lost and levy action can begin. The CDP request in particular has strict format and content requirements; deficient requests are dismissed, forfeiting the protection entirely.

After the 30-day window

If you miss the 30-day CDP deadline, you can still request an Equivalent Hearing within one year. However, an Equivalent Hearing: does not halt levy action; does not give you the right to judicial review. It provides some administrative review but with substantially fewer protections.

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Frequently asked questions

What is the difference between CP90, Letter 1058, and LT11?+

All three are Final Notices of Intent to Levy with Collection Due Process rights. They are substantially identical in legal effect. The different labels reflect different IRS systems or campuses that generate them — content and rights are the same.

How quickly must I respond to CP90?+

Within 30 days from the notice date. This is a hard statutory deadline for Collection Due Process rights. Missing it means losing the right to halt levy action and have Appeals review.

Does filing Form 12153 stop wage garnishment?+

Yes. Properly and timely filed Form 12153 halts all levy action — including planned wage garnishment — until the CDP hearing is completed and any appeals exhausted.

What happens at a CDP hearing?+

An independent Appeals officer reviews your case. You can propose collection alternatives (installment agreement, OIC, CNC), contest the underlying liability in some circumstances, or raise procedural issues. Most CDP hearings result in a negotiated resolution.

Can I still set up an installment agreement after CP90?+

Yes. You can negotiate resolution at any point. However, filing Form 12153 for a CDP hearing provides stronger procedural protections, an independent review, and preserves appeal rights — usually the better path when you receive CP90.

About the author

S

Sarah Mitchell

Consumer Affairs Editor · Fresh Start Division Editorial

Sarah Mitchell is the Consumer Affairs Editor at Fresh Start Division. She reports on predatory tax resolution practices, consumer protection, and advocacy for taxpayers navigating the IRS.

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