February 5, 2012

Tax Liens on Real Estate

The ins and outs of getting a tax lien on your real estate

If you have property in one county but live in another, receiving a tax lien on your real estate can be a little confusing. Many people find themselves in this situation and wonder whether the tax lien will affect their real estate in the other county or not.

The fact is that a tax lien on real estate is only effective if it is filed in the right place. In other words, to affect your property in the other county, the IRS would have to file the tax lien there, rather than where you currently live.

Of course, it is entirely possible that they could file the tax lien where the property is located rather than where you live, however this one would not affect the property in the county you live in, should you have any. It is possible that the IRS has no idea you actually have this other property! How much they know will depend on how far they have investigated you and your assets. If the IRS knows about your other property, it is much more likely they would file the tax lien in the right place.

You should beware of what you do with your property. If you sell it, the IRS could say it is a dissipated asset, meaning it is an asset you have sold to avoid paying them. This depends on whether you are selling the property to have a nice sum of money in your account or if you are selling it to meet a basic standard of living.

If a tax lien on your real estate has been filed in the wrong place, it can benefit you, but you should always make sure you are extremely careful about the moves you make to avoid future problems.

www.limonwhitaker.com