by Fresh Start Tax | Jan 8, 2019 | Tax Help
There are different ways to release a federal tax lien. As a former IRS agent let me explain the different protocols or ways that you can get your federal tax lien released.
The Internal Revenue Service has specific ways on how to get rid of a tax lien.
These are part of the IRM procedures and protocols and IRS will not deviate from what is put in there manual. It’s best to understand the protocols follow the protocols you will find that the best way to get rid or release your federal tax lien.
A federal tax lien is the government’s legal claim against your property when you neglect or fail to pay a tax debt. The lien protects the government’s interest in all your property, including real estate, personal property and financial assets.
A federal tax lien exists after: The IRS:
• Puts your balance due on the books (assesses your liability);
• Sends you a bill that explains how much you owe (Notice and Demand for Payment); and
You:
• Neglect or refuse to fully pay the debt in time.
The IRS files a public document, the Notice of Federal Tax Lien, to alert creditors that the government has a legal right to your property.
How to Get Rid of a Lien
Paying your tax debt – in full – is the best way to get rid of a federal tax lien.
The IRS releases your lien within 30 days after you have paid your tax debt.
When conditions are in the best interest of both the government and the taxpayer, other options for reducing the impact of a lien exist.
Discharge of property
A “discharge” removes the lien from specific property.
There are several Internal Revenue Code (IRC) provisions that determine eligibility. For more information, refer to Publication 783, Instructions on How to Apply for Certificate of Discharge From Federal Tax Lien (PDF) and the video Selling or Refinancing when there is an IRS Lien.
Subordination
“Subordination” does not remove the lien, but allows other creditors to move ahead of the IRS, which may make it easier to get a loan or mortgage.
To determine eligibility, refer to Publication 784, Instructions on How to Apply for a Certificate of Subordination of Federal Tax Lien (PDF) and the video Selling or Refinancing when there is an IRS Lien.
Withdrawal
A “withdrawal” removes the public Notice of Federal Tax Lien and assures that the IRS is not competing with other creditors for your property; however, you are still liable for the amount due.
For eligibility, refer to Form 12277, Application for the Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien (Internal Revenue Code Section 6323(j)) (PDF) and the video Lien Notice Withdrawal.
Two additional Withdrawal options resulted from the Commissioner’s 2011 Fresh Start initiative.
One option may allow withdrawal of your Notice of Federal Tax Lien after the lien’s release.
General eligibility includes:
Your tax liability has been satisfied and your lien has been released; and also:
• You are in compliance for the past three years in filing – all individual returns, business returns, and information returns;
• You are current on your estimated tax payments and federal tax deposits, as applicable.
The other option may allow withdrawal of your Notice of Federal Tax Lien if you have entered in or converted your regular installment agreement to a Direct Debit installment agreement.
General eligibility includes:
• You are a qualifying taxpayer (i.e. individuals, businesses with income tax liability only, and out of business entities with any type of tax debt)
• You owe $25,000 or less (If you owe more than $25,000, you may pay down the balance to $25,000 prior to requesting withdrawal of the Notice of Federal Tax Lien)
• Your Direct Debit Installment Agreement must full pay the amount you owe within 60 months or before the Collection Statute expires, whichever is earlier
• You are in full compliance with other filing and payment requirements
• You have made three consecutive direct debit payments
• You can’t have defaulted on your current, or any previous, Direct Debit Installment agreement.
How a Lien Affects You
• Assets — A lien attaches to all of your assets (such as property, securities, vehicles) and to future assets acquired during the duration of the lien.
• Credit — Once the IRS files a Notice of Federal Tax Lien, it may limit your ability to get credit.
• Business — The lien attaches to all business property and to all rights to business property, including accounts receivable.
• Bankruptcy — If you file for bankruptcy, your tax debt, lien, and Notice of Federal Tax Lien may continue after the bankruptcy.
Lien vs. Levy
A lien is not a levy. A lien secures the government’s interest in your property when you don’t pay your tax debt.
A levy actually takes the property to pay the tax debt. If you don’t pay or make arrangements to settle your tax debt, the IRS can levy, seize and sell any type of real or personal property that you own or have an interest in.
Help Resources
Centralized Lien Operation — To resolve basic and routine lien issues: verify a lien, request lien payoff amount, or release a lien, call 800-913-6050 or fax 855-390-3528.
Collection Advisory Group — For all complex lien issues, including discharge, subordination, subrogation or withdrawal; find contact information for your local advisory office in Publication 4235, Collection Advisory Group Addresses (PDF).
Office of Appeals — Under certain circumstances you may be able to appeal the filing of a Notice of Federal Tax Lien. For more information, see Publication 1660, Collection Appeal Rights (PDF).
Taxpayer Advocate Service — For assistance and guidance from an independent organization within IRS, call 877-777-4778.
Centralized Insolvency Operation — If you are questioning whether your bankruptcy has changed your tax debt, call 800-973-0424.
by Fresh Start Tax | Dec 4, 2018 | Tax Help
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The way of a fool is right in his own eyes, but a wise man listens to advice.
Proverbs 11:14
Where there is no guidance, a people falls, but in an abundance of counselors there is safety.
I am a former IRS agent and teaching instructor with the Internal Revenue Service.
When I was employed by the Internal Revenue Service I worked the offer in compromise program.
There are three general programs to settle your tax debt, the offer in compromise, the payment agreement and the hardship program but before IRS accepts any of these programs you must have all your tax returns filed and up-to-date.
We can prepare all back tax returns with or without records get them on the IRS computer and settle your tax debt all at the same time.
As a result, we know all the inside secrets the methodologies and all the back tax programs to settle back taxes available.
Not only did I accept and reject offers in compromise, I was also a teaching instructor at the service center to help qualified revenue officers decide which offers to accept and reject.
Given the above information, I can tell you I am a true expert for the IRS offer in compromise and I wish to explain to you whether an offer in compromise is a viable option for you.
Due to social media, marketing and advertising the assumption by the general public is that IRS can settle tax debt for pennies on the dollar.
Let me first let you know that IRS does accept offers in compromise and as a matter of fact last year approximately 32,000 offers in compromise were accepted out of the 78,000 that were filed.
That number varies from year to year but the percentages usually remain the same of acceptability.
The average settlement was $9500 per case but remember that is just an average in not everybody can settle their tax debt for $9500.
There is much information you need to know before you go off filing an offer of compromise and giving your money to some firm to try to pull off some amazing trick because you have been sold a bill of goods and bought in to some marketing ploy and they’ve convinced you are a settlement candidate.
The IRS Process:
It first starts with the review of your personal financial statement which is found on the 433 OIC.
When the offer in compromise gets sent in to the Internal Revenue Service it is met with the reviewer that make sure that you are truly qualified candidate for the offer in compromise program.
That reviewer checks the completed form to make sure it is a valid agreement. The offer in compromise is a legal document between you and the Internal Revenue Service.
If IRS were to accept the offer and the next day you win the lottery the accepted offer still stands.
Also reviewer make sure that all the documentation is attached so that the revenue officer who will work your offer in compromise can move forward.
Approximately one-third of all offers in compromise are sent back to the taxpayer because the offers are not filled out correctly or the appropriate documentation is not attached.
IRS will check to make sure all your tax returns are current and filed on the IRS system.It is critically important you know that you must have all tax returns filed before IRS will process your offer.
You should know that the Internal Revenue Service rejects an offer before it accepts an offer. one of the basic rules is that the revenue officer is lazy and is easier to mark rejected then they go through all the work of accepting an offer in compromise.
I should know this is a former instructor of the offer in compromise I see many revenue officers simply send offers back because some of the eyes were not dotted in the T’s were not crossed.
Due to the volume of cases the IRS has, which is over 7500 cases waiting in the IRS Q, is far easier for the IRS to say no then to accept because an average of anywhere between 20 and 40 hours are spent on accepting the offer in compromise. Obviously, the easier case the last time the more complicated cases concerning business and large dollar much greater.
If you have an offer in compromise accepted, four signatures are generally required for signature as it goes up and down the chain.
So how do you know if the offer in compromise is right for you. Call for a free initial tax consultation and hear the truth from a true IRS tax debt settlement former agent.
The first place to go is to fill out the IRS pre-qualifier tool for the offer in compromise. Because of so many scrupulous tax companies that have been ripping people off, the IRS wanted to make sure the general public has a tool that they can use to find out if they are prequalified to file the offer in compromise to make sure it is a viable option.
It contains all the necessary information in regard to your income, your expenses and your assets and it predetermined for you whether the offer in compromise is even a viable option for you.
IRS will take a very close look at the liquidity of your assets, your current income, and your monthly expenses before it renders a decision as IRS wants to make sure it collects all the money from you that they can within the 10 year statutory period of time.
One of the questions the agent will want to consider is, can we collect more money over 10 years than accept the current agreement on the table for the IRS offer in compromise.
As a general rule, you will have to give IRS your total liquidity of all your assets before they will even consider the acceptance of an offer in compromise.
IRS on larger dollar cases is a tremendous amount of due diligence.
The IRS has a wealth of information on the various computers they can use to dig and find assets or income.
Why? you may ask is because all offers in compromise are open for public inspections at eight regional offices throughout the United States.
Your offer in compromise must be thoroughly documented which includes all your bank statements for the last six months to a year, all your pay stubs, all your monthly expenses along with certain documentation for assets that have value.
IRS also takes a look at the values of your pensions, your IRA, your business as well.
The offer in compromise is one of the most reviewed documents, it is like going through a mini audit.
Some of the due diligence that IRS will conduct on a larger dollar cases is checking Google, the accurate search engine, Department of Motor Vehicles, real estate records, insurance policies, credit reports, loan applications, insurance policies, and inter-government agency records including those garnered by Homeland security and other such agencies.
Before you contemplate filing the offer in compromise and wasting your money on a company that has promised you they can settle your case for pennies on the dollar, you would be wise to give us a call to have an actual former IRS agent and teaching instructor of the offer in compromise give you the green light.
You should also know if an offer in compromise is not except that you have the right to appeal it and if the appeal is not accepted you can file an offer at a later time.
When you call our office you will speak to true IRS tax experts who knows the system and can tell you what to expect and tell you how to settle for the lowest amount possible.
When you call our office will review every single back tax program available, and generally there’s three the hardship program the payment agreement program and the most popular back tax program the offer in compromise which completely settles your IRS tax debt but you must be a candidate that fits the IRS criteria.
Call us today for a free initial tax consultation, you will hear nothing but the truth from former IRS agents who know and understand the methodologies of the offer in compromise to make sure it is right for you.
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by Fresh Start Tax | May 29, 2012 | Tax Help, Uncategorized
New Tax Lien Rules Will Increase Your Credit Score!
Are you aware that the Notice of Federal Tax Lien can remain on your credit reports for as long as it takes you to pay it, plus an additional seven years?
When you full pay the tax liability that gave rise to the Notice of Federal Tax Lien, the Notice of Federal Tax Lien is “released” by the IRS. A Notice of Federal Tax Lien that has been “released” by the IRS stays on your credit report for an additional seven years from the date of “release.” A Notice of Federal Tax Lien that has been “withdrawn” by the IRS is immediately removed from your credit report.
The IRS will not “withdraw” a Notice of Federal Tax Lien that has been “released” due to a tax settlement through an “offer in compromise” or due to the expiration of the “collection statute.”
In the past, the IRS did not “withdraw” a Notice of Federal Lien that was “released” due to the full payment of the tax liability.
The general rule is that a Notice of Federal Tax Lien will be “released” upon satisfaction of the tax liability.
The general rules is that a Notice of Federal Tax Lien may be “withdrawn” for any one of the following reasons:
1. Where the filing of the Notice of Federal Tax Lien was premature or contrary to procedures,
2. Where the taxpayer makes a section 6159 installment agreement, and the agreement does not provide for filing the Notice of Federal Tax Lien,
3. Where the “withdrawal” facilitates collection, or
4. Where it would be in best interest of the taxpayer and the government.
If you have paid your tax liability in full, the IRS must “release” the Notice of Federal Tax Lien and it is done automatically by the IRS. Then it is up to you to request that the IRS “withdraw” the Notice of Federal Tax Lien.
Are you aware that when you have an unpaid tax liability and you enter into a “Direct Installment Agreement,” that you may request the withdrawal of the filed Notice of Federal Tax Lien?
When you enter into an installment agreement to satisfy the liability for which a Notice of Federal Tax Lien was imposed, you may request the “withdrawal” of the Notice of Federal Tax Lien.
To make your request to have the IRS “withdraw” the Notice of Federal Tax Lien, you must complete Form 1227 “Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien”. This form must be accurately completed, otherwise, your request will be denied. After your request has been approved, the IRS will issue Form 10916(C) “Withdrawal of Filed Notice of Federal Tax Lien.”
With our experienced personnel, we can review all of the facts and circumstances to make the most effective request on the Form 1227 to “withdraw” your Notice of Federal Tax Lien.
