How to Get a Release of the Federal Tax Lien – Former IRS

November 26, 2013
Written by: Fresh Start Tax

Fresh Start Tax
How to Get a Release of the Federal Tax Lien
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Great News for the taxpayer, the Fresh Start changes increase the IRS Notice of Federal Tax Lien filing threshold from $5,000 to $10,000.
Notices of Federal Tax Liens may still be filed on amounts less than $10,000 when circumstances warrant.
The IRS will not retroactively apply the new $10,000 lien notice filing threshold and automatically withdraw a previously filed lien.
 

Requesting a lien withdrawal after the lien has been released

 
The IRS may now issue a withdrawal of a filed Notice of Federal Tax Lien after the lien has been released.
If you wish to have the Notice of Federal Tax Lien withdrawn, you must request the withdrawal in writing.
You need to  use Form 12277, Application for Withdrawal (PDF). In item 11, Reason for requesting withdrawal, check the last box, “The taxpayer, or the Taxpayer Advocate acting on behalf of the taxpayer, believes withdrawal is in the best interest of the taxpayer and the government.”
 
Generally, eligibility requirements are:
 

  • Your tax liability has been satisfied and your lien has been released,
  • You are in compliance for the past three years in filing,
  • All individual and business returns,
  • All information returns,
  • You are current on your estimated tax payments and federal tax deposits, as applicable.

 
Notice of Federal Tax Lien withdrawal after entering into a Direct Debit installment agreement.
If you are a qualifying taxpayer and meet the eligibility requirements, you may have your filed Notice of Federal tax Lien withdrawn after entering into a Direct Debit installment agreement.
Your request for lien withdrawal must be in writing.
Form 12277
Please use Form 12277, Application for Withdrawal (PDF). In item 11,
“Reason for requesting withdrawal,” check the third box , “The taxpayer is under a Direct Debit Installment Agreement.“
 
Qualifying taxpayers are:
 

  • Individuals
  • Businesses with income tax liability only
  • Out of business entities with any type of tax debt

 
Eligibility Requirements are:
 

  • The current amount you owe must be $25,000 or less
  • If you owe more than $25,000, you may pay down the balance to $25,000 prior to requesting the lien withdrawal to be eligible
  • 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 must be in full compliance with other filing and payment requirements
  • You must have made three consecutive direct debit payments
  • You cannot have previously received a lien withdrawal for the same taxes unless the withdrawal was for an improper filing of the lien
  • You cannot have defaulted on your current, or any previous, direct debit installment agreement
  • If you are currently on a regular installment agreement, you may convert to a Direct Debit Installment Agreement.

 
How to Get a Release of the Federal Tax Lien – Former IRS
 
 

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