eTaxrelief

Is the IRS taking a bite out of your personal property or real estate deal ready to close?

Notice of Federal Tax Lien

Liens gives the IRS  a legal claim to your property as security for payment of your tax debt. A Notice of Federal Tax Lien may be filed only after:

• The IRS has assessed the liability;
• The IRS has sent you a Notice and Demand for Payment - a bill that tells you how much you owe in taxes; and
• You neglect or refuse to fully pay the debt within 10 days after we notify you about it.

Once these requirements are met, a lien is created for the amount of your tax debt. By filing notice of this lien, your creditors are publicly notified that we have a claim against all your property, including property you acquire after the lien is filed. This notice is used by courts to establish priority in certain situations, such as bankruptcy proceedings or sales of real estate.

The lien attaches to all your property (such as your house or car) and to all your rights to property (such as your accounts receivable, if you are a business).

Caution!
Once a lien is filed, your credit rating may be harmed. You may not be able to get a loan to buy a house or a car, get a new credit card, or sign a lease. Therefore it is important that you call us at

(415) 374-3498, so that we can help you to resolve your tax liability as quickly as possible, before a lien filing becomes necessary.

Payoff Amount

The full amount of your lien will remain a matter of public record until it is paid in full, including all accruals and additions. However, at any time an updated lien payoff amount may be requested showing the remaining balance due. 

You can call us and we can help you obtain a current amount almost immediately.  Obtaining this information as quickly as possible can sometimes be critical when you have a piece of real property in escrow.

Applying for a Discharge of a Federal Tax Lien

If you are giving up ownership of property, such as when you sell your home, you may apply for a Certificate of Discharge. Each application for a discharge of a tax lien releases the effects of the lien against one piece of property. Note that when certain conditions exist, a third party may also request a Certificate of Discharge. You can Refer toPublication 783 , Instructions on How to Apply for a Certificate of Discharge of Property from the Federal Tax Lien or you can let us do it for you and save you a lot of difficulty.

Making the IRS Lien Secondary to Another Lien

In some cases, a federal tax lien can be made secondary to another lien. That process is called subordination. Refer to publication 784 (PDF), How to Prepare Application for Certificate of Subordination of Federal Tax Lien.  Again this is something our experts are prepared to handle for you.

Withdrawing Liens

By law, a filed notice of tax lien can be withdrawn if:

• The notice was filed too soon or not according to IRS procedures,
• You entered into an installment agreement to pay the debt on the notice of lien (unless the agreement provides otherwise),
• Withdrawal will speed collecting the tax, or
• Withdrawal would be in your best interest (as determined by the Taxpayer Advocate), and in the best interest of the government.

The IRS will provide you a copy of the withdrawal, and if you write to the IRS,they will send a copy to other institutions you name.

Appealing the Filing of a Lien

The law requires the IRS  to notify you in writing not more than 5 business days after the filing of a lien. They may give you this notice in person, leave it at your home or your usual place of business, or send it by certified or registered mail to your last known address. You may ask an IRS manager to review your case, and you may request a Collection Due Process hearing with the Office of Appeals by filing a request for a hearing with the office listed on your notice. You must file your request by the date shown on your notice. Some of the issues you may discuss include:

• You paid all you owed before we filed the lien,
• The IRS assessed the tax and filed the lien when you were in bankruptcy, and subject to the automatic stay during bankruptcy,
• The IRS made a procedural error in an assessment,
• The time to collect the tax (called the statute of limitations) expired before theIRS filed the lien,
• You did not have an opportunity to dispute the assessed liability,
• You wish to discuss the collection options, or
• You wish to make spousal defenses.

At the conclusion of your Collection Due Process hearing, the IRS Office of Appeals will issue a determination. That determination may support the continued existence of the filed federal tax lien or it may determine that the lien should be released or withdrawn. If you disagree with Appeal's determination, there is a 30-day period starting with the date of determination, in which you may request judicial review in a court of proper jurisdiction. Refer to Publication 1660 , Collection Appeal Rights, for more information.

Or you can simply call us and save yourself the time and effort of trying to understand Publication 1660. Call us today at (510) 374-3498. We are here to help.

Don’t let a tax stranglehold ruin your credit, stop you from refinancing, or reduce the amount of money you receive from savings or client income, if self employed. Don’t let a levy put you out of business.

Your IRS tax debts require immediate action.

Ignoring the IRS will not make them go away.

Get help. Call for a free and Confidential Tax Analysis.

Call us at:

(415) 374-3498

Our licensed Enrolled Agents have the skills and experience to resolve your IRS problems.

Call: (415) 374-3498

or complete our contact us form today!