Removing a Tax Lien
How to get rid of a Tax Lien?
The IRS states that they will release a lien either within 30 days after the tax debt is satisfied by paying the debt or having it adjusted, or within 30 days after the IRS accepts a bond submitted by the taxpayer, guaranteeing payment of the debt. Selling the property secured by the lien may also qualify the taxpayer to file a Certificate of Discharge.
See IRS Publication 783, available at http://www.irs.gov/pub/irs-pdf/p783.pdf.
The Certificate of Discharge releases the effects of the lien against one piece of property.
The IRS may withdraw a lien if:
- It filed the notice too soon or not according to IRS procedures,
- The taxpayer entered into an installment agreement to pay the debt
- Withdrawal will speed collecting the tax, or
- Withdrawal would be in you’re the taxpayer’s best interest as determined by the Taxpayer Advocate, and in the best interest of the government.
Taxpayers may appeal the filing of the lien if the taxpayer was in bankruptcy at the time of filing, the taxes had actually been paid, the IRS made a procedural error, or even if the taxpayer did not have an opportunity to dispute the assessed liability, wishes to discuss the collection options, or wishes to make spousal defenses.
Contact McGinn Law, PC now so we can assist you in removing a tax lien.