When taxpayers fall behind on their federal tax obligations, the IRS has powerful tools to try to secure repayment. One of the tools in the toolbox is an IRS tax lien. For individuals and businesses alike, a tax lien can have long-lasting financial consequences. Understanding how tax liens work, their impact, and how to resolve them is critical for protecting your financial future.
What Is an IRS Tax Lien?
An IRS tax lien is the federal government’s legal claim against your property when you fail to pay a tax debt. Essentially, it’s the IRS’ way of saying: “We have first dibs on your property until the tax debt is resolved.” The lien is filed with the county in which you live, and is placed on property you currently own, and any new property you purchase. Once a lien is filed, it becomes a matter of public record, potentially alerting creditors, lenders, and business partners that you owe the IRS.
How Does a Lien Happen?
Nothing with the government happens out of the blue. A federal tax lien isn’t a sudden event. The tax lien process happens in three steps:
- The IRS places your balance on the books. It’s added to your account. – Assessment
- The IRS sends a bill explaining the amount owed and provides a due date for payment. – Notice and demand for payment
- If you don’t to pay the bill, or refuse to enter into a payment arrangement or just ignore the letter, the IRS may file a Notice of Federal Tax Lien (NFTL) with local or state authorities, typically for balances in excess of $10,000.
Once recorded, the NFTL puts other creditors on notice that the IRS has a legal claim to your property.
The Impact of a Tax Lien
IRS Tax liens can create significant financial trouble:
- Credit damage: Although credit bureaus no longer report tax liens directly, lenders often check public records. A tax lien can limit access to loans, mortgages, or business financing.
- Business disruption: If you own a business, the lien attaches to accounts receivable, equipment, and property, making it difficult to operate.
- Property complications: Selling or refinancing property is often delayed until the lien is resolved.
How to Get Rid of an IRS Tax Lien
Resolving a tax lien requires you to be proactive! The most direct and efficient way to get a lien removed is to pay the balance in full. Once paid, the tax lien is released within 30 days. You have to follow up to ensure this gets done.
Setting up a payment plan can stop the IRS from escalating collection actions.
Request a withdrawal – If the lien was filed in error or if certain criteria are met (for example, you’re in a direct debit installment agreement), you may qualify to have the lien withdrawn from public records. Keep in mind that having a lien withdrawn from public record doesn’t mean the lien is removed completely.
Seek subordination – This doesn’t remove the lien but allows other creditors to move ahead of the IRS, sometimes enabling refinancing.
Discharge of property – In specific cases, property may be removed from the lien, making it possible to sell or refinance. This will give the IRS access to the proceeds from the sale of your property to satisfy your tax debt.
Preventing a Tax Lien
Prevention is always better and cheaper than the cure. The best way to avoid a lien is to stay current with your tax obligations. File returns on time, even if you can’t pay in full, and communicate with the IRS if you owe more than you can handle. Often, arrangements can be made before liens are ever filed.
Have you received an Notice of Federal Tax Lien?
If you’ve received a Notice of Federal Tax Lien [Form 668(Y)(C)], don’t go it alone. Reach out to us for assistance. We can contact the IRS on your behalf to help resolve your issue.
LuSundra Everett, EA is The Home Biz Tax Lady. She is a tax expert located in Chester, VA who will find the right solution for you! As an Enrolled Agent licensed through the Internal Revenue Service, LuSundra is authorized to represent taxpayers in all 50 states against the IRS and your state!
Through her work with ETS Tax Relief, she helps high income non-filers and small-business owners face the IRS with confidence, clarity, and a plan.
When you’re dealing with IRS letters, tax debt, or business tax issues, the right representation makes all the difference. At ETS Tax Relief, we work with individuals and business owners across Virginia to resolve tax problems, prevent future issues, and restore peace of mind. If you’re ready to put your tax troubles behind you, visit http://www.etstaxrelief.com to learn more about how we can help.
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