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Federal Tax Lien Reference Materials.

Applications for Subordination, Discharge, Withdrawal, and more.

 

Some Federal Tax Lien Information / Resource from IRS.gov appear below:

A Notice of Federal Tax Lien is a public document. It is filed  to alert creditors that the government has a legal right to your property. 

           See Publication 594, The IRS Collection Process (PDF).

How to Get Rid of a Lien

Paying your tax debt - in full. The IRS releases your lien within 30 days after you have paid your tax debt.

When conditions are in the best interest of both the government and the taxpayer, other options for reducing the impact of a lien exist.

Discharge of property

A "discharge" removes the lien from specific property. There are several Internal Revenue Code (IRC) provisions that determine eligibility. 

            See Publication 783, Instructions on How to Apply for Certificate of Discharge From Federal Tax Lien (PDF) .

Subordination

"Subordination" does not remove the lien, but allows other creditors to move ahead of the IRS, which may make it easier to get a loan or mortgage. 

             See  Publication 784, Instructions on How to Apply for a Certificate of Subordination of Federal Tax Lien (PDF).

Withdrawal

A "withdrawal" removes the public Notice of Federal Tax Lien and assures that the IRS is not competing with other creditors for your property; however, you are still liable for the amount due. 

             See  Form 12277, Application for the Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien (Internal Revenue Code Section 6323(j)) (PDF)

Two additional Withdrawal options resulted from the Commissionerís 2011 Fresh Start initiative.

One option may allow withdrawal of your Notice of Federal Tax Lien after the lienís release. General eligibility includes:

Your tax liability has been satisfied and your lien has been released; and also:

  • You are in compliance for the past three years in filing - all individual returns, business returns, and information returns;
  • You are current on your estimated tax payments and federal tax deposits, as applicable.

The other option may allow withdrawal of your Notice of Federal Tax Lien if you have entered in or converted your regular installment agreement to a Direct Debit installment agreement. General eligibility includes:

  • You are a qualifying taxpayer (i.e. individuals, businesses with income tax liability only, and out of business entities with any type of tax debt)
  • You owe $25,000 or less (If you owe more than $25,000, you may pay down the balance to $25,000 prior to requesting withdrawal of the Notice of Federal Tax Lien)
  • Your Direct Debit Installment Agreement must full pay the amount you owe within 60 months or before the Collection Statute expires, whichever is earlier
  • You are in full compliance with other filing and payment requirements
  • You have made three consecutive direct debit payments
  • You canít have defaulted on your current, or any previous, Direct Debit Installment agreement.

Other Information:

Purchase Money Mortgages, Purchase Money Security ...
https://www.irs.gov/pub/irs-pdf/p785.pdf

Note:

         The application processes can become involved and the use of  an experience of a Tax Attorney can be very beneficial to achieving proper resolution, in a timely manner.

            Please call and discuss your options.

Call in your TaxSOS today.

 1-866-482-9707

   

For assistance please contact A. Nathan Zeliff, Attorney at Law

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