What Is A Federal Tax Lien?

A federal tax lien is an obligation to the government as a result of the failure to pay taxes. The government reserves the right to possess the assets of an individual until the full amount of the taxes due is paid.

According to the Internal Revenue Service, three things must occur before a federal tax lien is issued: The IRS must assess the liability, send a Notice and Demand for Payment, and you must neglect to pay in full for 10 days after the notice was sent.

Once a federal tax lien is filed against you, your creditors are notified that the government has a claim to your property. This includes property that you currently own, and any property that you obtain until your tax obligation is met. Having a lien against you will negatively affect your credit profile and make it difficult for you to obtain any type of financing. In bankruptcy proceedings, or in the event of the sale of your property, your lien will take priority.

Your federal tax lien can be released if you pay the debt in full plus all related interest and fees or if you submit a bond that will guarantee repayment of the debt. The release of the lien will occur 30 days after either of these efforts are made.

You can apply for a Certificate of Discharge if you are giving up ownership of any property under your federal tax lien. This is in the event that you wish to sell your home or vehicle, or any other property on the lien. You must apply for a separate Certificate of Discharge for each piece of property.

There are several reasons why your lien may be withdrawn. If IRS procedures are not followed in filing the lien, or if the lien was filed too early, it can be withdrawn. Your lien may also be withdrawn if you contacted the IRS upon notice of the lien and agreed to pay the debt in set installments. Furthermore, if a Taxpayer Advocate believes that withdrawing the lien is in your best interest, the IRS will withdraw it.

If you wish to appeal, you can request a Collection Due Process hearing with the Office of Appeals. You can appeal if the lien was filed beyond the deadline to collect the taxes, you did not have the opportunity to dispute the liability, you are currently in bankruptcy, or procedure was not properly filed in filing the lien.
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