IRS NOTICE GUIDE

IRS CP92 Notice: State Tax Refund Levy and Hearing Rights

Received IRS CP92? Learn what a state-tax-refund levy means, how the printed hearing deadline and Form 12153 work, and what to reconcile next.

By Stefano Tavella, CPAPublished Updated 8 min read
Independent CPA firm. Tavella CPA Group is not part of, endorsed by, or affiliated with the IRS or U.S. Treasury.

DIRECT ANSWER

What does an IRS CP92 notice mean?

IRS CP92 says the IRS took a state tax refund and applied it to unpaid federal tax. Current IRS Appeals guidance says a recipient who wants a Collection Due Process hearing generally should send Form 12153 to the address shown on the notice within 30 days of the date of the letter. Read every page, confirm the tax periods and amount applied, and follow the exact date and submission instructions printed on your CP92. The levy may not satisfy the entire federal balance, so verify what remains due.

Time-sensitive notice

Urgent: current IRS Appeals guidance describes a 30-day period from the date of the letter for requesting a Collection Due Process hearing. Use the date, address, and instructions printed on your notice and seek immediate help when the deadline is close.

CP92 describes a levy that has already occurred

A CP92 is different from a warning that collection may occur later. It reports that a state tax refund was taken and applied to a federal tax liability. Reconcile the amount applied, the federal tax period credited, the original state refund, and the remaining federal balance.

General comparison of IRS collection notices
NoticeGeneral stageImmediate review
CP504Urgent collection warning that may precede a state-income-tax-refund levy and other collection steps.Printed instructions, balance, payment history, and available appeal information.
CP92Notice that a state tax refund has already been levied and applied to unpaid federal tax.Notice date, amount applied, tax periods, remaining balance, Form 12153 instructions, and prior hearing opportunities.
CP90 or LT11 / Letter 1058Final intent-to-levy correspondence that generally provides Collection Due Process hearing rights before the listed levy action.Printed hearing deadline, covered periods, submission method, and supported issues.

Protect the printed appeal deadline

Use the notice address and current Form 12153 instructions. Keep a complete copy of the signed request and reliable proof of timely mailing or delivery. The request should identify the collection action, tax periods, and issues supported by the facts.

A public contact form, phone message, payment-plan discussion, or duplicate copy sent to the wrong office does not substitute for following the CP92 filing instructions.

Reconcile the refund, application, and remaining account balance

  • Compare the state refund shown on CP92 with the state return and state refund records.
  • Confirm the federal tax period and balance to which the IRS applied the levy proceeds.
  • Reconcile payments, credits, amended returns, prior adjustments, and any payment arrangement.
  • Determine whether the levy paid the balance in full or whether collection remains active.
  • Identify any filing, estimated-tax, or payroll-tax compliance items that could affect a collection alternative.

Separate a balance dispute from collection hardship

If the federal balance or payment history is wrong, organize the return, transcript, payment, and correspondence evidence supporting the correction. If the balance is correct but payment creates hardship, review the financial information and eligibility rules for possible collection alternatives.

Relief, release, reimbursement, or return of levied proceeds is not automatic. The available issues and procedures depend on the account, timing, prior opportunities to dispute the liability, and supporting evidence.

CP92 review checklist

  • The complete CP92 and every enclosure
  • The notice date, printed appeal instructions, and submission address
  • Form 12153 and a copy of any request already sent
  • The state return, refund calculation, and state refund records
  • Federal returns and IRS account transcripts for every listed period
  • Payment confirmations and records of any missing or misapplied payment
  • Earlier balance, levy, lien, installment-agreement, offer, or appeal correspondence
  • Current filing and payment-compliance records

When CPA help may be useful

A professional review can help organize the facts and calculations, but it cannot guarantee an IRS decision, penalty result, payment arrangement, appeal outcome, or litigation result. Depending on the agreed scope, support may include:

  • Reconcile the state refund levy with the federal account
  • Identify the printed appeal deadline and procedural stage
  • Organize Form 12153 issues and supporting records
  • Review collection alternatives or correction requests supported by the facts
  • Communicate with the IRS or Appeals when authorized and included in the engagement

Avoid these common response risks

  • Do not treat CP92 as only a state tax issue; it concerns collection of a federal tax balance.
  • Do not assume the levy paid the federal balance in full.
  • Do not assume a website inquiry or phone call preserves the printed appeal deadline.
  • Do not send the notice, Social Security number, tax return, bank records, or transcripts through the public contact form.

General-information disclaimer

This guide provides general information and does not constitute tax or legal advice. IRS correspondence and available options depend on the notice, tax period, procedural stage, individual facts, and current law. A website inquiry does not create a CPA-client relationship.

For an approaching deadline, use the IRS contact information printed on the notice or seek qualified professional help immediately. Do not wait for a website response.

Stefano Tavella, CPA

ABOUT THE AUTHOR

Stefano Tavella, CPA

Stefano Tavella, CPA leads Tavella CPA Group, a cloud-based CPA firm serving individuals and small businesses with tax preparation, planning, notice assistance, and related services.

Official sources

Check the current IRS page and the instructions printed on the actual notice before acting.

Source review completed July 24, 2026.

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