Form 12153 Taxpayer Requests: CDP/Equivalent/CAP

What does this form mean to me?

This is the form you use to request a CDP or Equivalent Hearing when the IRS advises that a levy will be or has been issued, or a Notice of Federal Tax Lien (NFTL) has been filed.

You will have until the deadline stated in the letter or notice to submit the form 12153 and request a CDP hearing with the IRS Independent Office of Appeals (Appeals). See Publication 1660 for a full explanation of the CDP process. If you do not file Form 12153, Request for a Collection Due Process or Equivalent Hearing, at the address listed in your notice by the deadline date stated in the letter, you may be entitled to an Equivalent Hearing but will lose the ability to contest Appeals’ decision in the U.S. Tax Court. If your request for a CDP hearing isn’t timely, you can request an Equivalent Hearing within one year from the date of the CDP notice, but you can’t petition the Tax Court if you disagree with Appeals’ decision. 

If the IRS has already issued a CDP notice for that tax debt, then you can still request a Collection Appeal Program (CAP) appeal with Appeals before or after the IRS files an NFTL, before or after the IRS levies your property, or when the IRS rejects, modifies or terminates your installment agreement. Generally, You will need to request a conference with an IRS manager when you request a CAP appeal, Collection Appeals Program (CAP), but unlike a CDP hearing, you may not seek review of Appeals’ determination in the U.S. Tax Court. See Publication 594 and Publication 1660 for a full explanation of the IRS collection process and appeal rights. 

You can also ask that the IRS manager review your case informally. You can obtain the manager’s name and phone number by contacting the employee listed on your notice. IRS employees are required to give you their manager’s name and phone number. For specifics, see Levies and Liens. 

How did I get here?

You received various notices or letters from the IRS requesting payment for the tax balance owing and your tax debt remains unpaid. Since you have a balance owing, the IRS is continuing with its collection process by either filing an NFTL, planning to issue a levy, or has issued a levy.

What are my next steps?

If you have a dispute regarding the debt, the collection action taken or proposed by the IRS, or would like to request a collection alternative, you must timely complete and submit Form 12153 and return to the address listed in your notice. Most times, this will stop enforcement action from proceeding. You should be prepared to explain why you disagree with the collection action and propose a collection alternative or remedy for satisfying the tax liability or lien release.