Tax Relief: Recognizing a Tax Lien from a Tax Levy
Posted by LWM Team on Mon, May 24, 2010
The IRS
collects taxes by tax lien and tax levy. You must identify and understand how the IRS files a lien and issues a levy.
Tax Lien
For the IRS to safeguard rights to your property they file a tax lien. The lien affixes to property you possess when filed and property you buy thereafter. Real estate is influenced by Federal tax lien. The lien provides the IRS with a stake in your property the same as a mortgage company.
If your property’s value is $100,000 and your mortgage is $75,000 your equity is $25,000. Prior to the filing of an IRS tax lien the $25,000 would be yours. After the filing of the lien, the $25,000 is the property of the IRS. Should you sell your property, equity at close of sale goes to the IRS.
Should the IRS file a lien there is thirty days for an appeal. It is a collection due process appeal. At time of expiry of the IRS Statute of Limitations on Collection, the lien also expires. It usually takes ten years.
Tax Levy
When the IRS wants your property, a levy is issued. Your retirement accounts, wages, accounts receivable, bank accounts and subcontractor pay can be levied. Vehicles and homes can be seized and less frequently business apparatus. The levy is more damaging than the lien. Code 6334 provides exceptions like tools of your trade, unemployment benefits, household goods and workers’ compensation.
If the IRS anticipates opposing you they must provide you with a Final Notice of Intent to Levy prior to a levy on your property. You have thirty days to lodge an appeal against the IRS’ intention. When you appeal, the IRS
may not act against you until the hearing is finalized. The objective is to arrive at a decision to levy action prior to it taking place in the form of uncollectible, offer in compromise or installment agreement.
The Department of Justice must file a lawsuit opposing you before the IRS
can take / seize your property.
Government’s inclination is to avoid this action.
The IRS
gets differing rights against you depending on a lien or a levy. A lien secures your property for the IRS and a levy seizes it. However, both benefit the IRS. You can defend a lien and prevent a levy.