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IRS tax liens are different than
IRS tax levies. IRS levies take money out of your paycheck or
bank account.
IRS liens are filed by IRS at
your local courthouse and do not affect your money, but they
affect your credit rating; your ability to borrow money; your
ability to get a mortgage to buy real estate; your ability to
qualify for some types of employment.
If you own real estate that has a
$93,000 IRS lien against it and that property has equity and you
then sell the property for a profit of, say, $100,000, then the
check you receive at the closing of the sale will be the
$100,000 profit minus the $93,000 that will be paid to IRS
before you get any cash. So you would receive only $7,000. If
the lien was for $110,000, then IRS would get the entire
$100,000 and you would still owe them $10,000.
IRS does not file tax liens
against everyone who owes back taxes. Sometimes liens are filed
immediately; often, liens are not filed for years. Liens may not
be filed against a taxpayer who owes over $50,000, while a
second taxpayer may have a lien for just $7,500.
Some IRS representatives who
discover that a taxpayer has no liens on $25,000 in tax debt
will make sure that new liens are filed as soon as possible
while other IRS representatives will not file liens under the
same circumstances.
IRS Lien Filing Policy
In spite of everything you just
read, IRS is really very good with their lien policies and
procedures.
IRS policy is simple:
A lien
is to be filed on each and every taxpayer who owes IRS over
$5,000.
A single lien is often filed on
multiple years. Rather than filing individual liens on several
different years, IRS will usually file a single lien that covers
all of the years at one time.
IRS Lien Release Policy
IRS will release a lien under the
following circumstances:
- When the tax, penalties, and
interest on each year that appears on the lien is paid in
full. This means that if five years appear on the lien for
$10,000 each and one year appears on the lien for $500 and
the five years are completely paid off and the one year
remains unpaid, then IRS will not release the lien until the
one year is paid off.
- When the Collection Statute
Expiration Date (CSED) for the lien expires (usually ten
years after the tax was assessed).
- When IRS accepts a bond that you submit,
guaranteeing payment of the debt. This option rarely occurs.
- Many IRS liens are what they
refer to as "self releasing." This means that when the CSED
expires, that the lien is automatically released. However,
many county courthouses do not process the release and the
lien will remain filed until the courthouse lien department
actually receives an IRS Lien Release document.
Recommended Method of Lien
Release
We recommend that all taxpayers
file their own IRS Lien Release documents at the county
courthouses where the liens were originally filed. This
procedure will guarantee that the release is actually filed and
that it will soon be reflected on the taxpayer's credit report. |
Features and Benefits
Our IRS Lien Release Service
guarantees the timely and proper research and investigation of a
taxpayer's IRS lien history.
We research all IRS lien activity, including
filing date, year(s) covered, and Collection Statute Expiration
Dates (CSED).
If CSEDs have been reached, we contact the
proper IRS representatives and instruct them to fax us copies of
Lien Releases and also to mail copies of the release document to
the appropriate county courthouse where the lien was originally
filed.
We then contact the taxpayer and provide
copies of all lien release documents with additional
instructions.
Our fee for this service is $495 if the lien
is successfully released and $295 if not releasable (since we
must still invest our time to research the taxpayer's IRS
matters and contact IRS personnel).
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