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| From IRSOS.com. A lien is nothing more than a claim against your property. As soon as a tax is assessed against you, a statutory lien is created. In other words, a claim against your property in the amount of the tax owed. However, until a lien is filed with the County Courthouse (perfected), it is not enforceable against third parties. The IRS typically files two liens, one on real property and one on personal property. This includes ALL your property. It is typically filed in your county of residence and in other counties the IRS knows or thinks you may have property. As a practical matter however, the IRS does not go after personal property unless you are completely uncooperative and the property has significant value. It is your home they are typically interested in. There are only five circumstances under which the IRS will release a lien: (1) The tax is paid in full or abated. (2) You post a bond equivalent to twice the tax owed. (3) You can convince the IRS that releasing the lien will help you pay the tax quicker. (4) You compromise the liability for less than is owed. (5) The time expires for the IRS to collect the tax. This is referred to as the "Statute of Limitations". The IRS has ten years from the date of assessment to collect the tax. There are certain things that can extend the statute so be careful about making assumptions about the date. Other than paying the tax, the other options are very difficult to accomplish. However, an Offer in Compromise offers the best hope if you owe the tax and can't ever pay it. For more information on Offers, see below. One important thing to keep in mind about liens is that if a lien is filed, filing bankruptcy will not help you regarding the property a lien has been filed on. In other words, even though the underlying tax may be discharged in bankruptcy, the IRS still has a claim on your property equivalent to the amount of tax owed. Liens can be tricky things. It is recommended that you consult with a firm with experience in dealing with liens. Otherwise, disclose it to the lenders before hand. ------------------------------------------------ << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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| - quote - > <msapp> wrote.
NO & NO,> I am voluntarily making payments to the IRS for back taxes > and have been for the last several years. > Last year we were hit by a couple of hurricanes and I missed a couple of > payments. > The IRS filed a tax lien on my credit and now I can't buy a house. > I am still making the payments every month, > is there anything I can do to get it off my credit or > have it show that payments are being made? My best advice is, if funds from a family member are available, borrow from them to fully pay the tax lien! The lien will remain on your credit report, but full payment will clear the way for a Bank or Mortgage company to lend you the funds to purchase a home. Hopefully your mortgage & property taxes will cost you less then rent I assume you are paying at the moment, the available cash flow might be sufficient for you to accelerate repayment of the ~Family~ loan. Good luck. << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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| "msapp[at]apapets.org" <msapp[at]apapets.org> wrote: - quote - > I am voluntarily making payments to the IRS for back taxes
Once IRS has filed a tax lien, the only way to get them to> and have been for the last several years. Last year we were > hit by a couple of hurricanes and I missed a couple of > payments. The IRS filed a tax lien on my credit and now I > can't buy a house. I am still making the payments every > month, is there anything I can do to get it off my credit or > have it show that payments are being made? > Any advise is appreciated. remove it is to prove to them that it was filed in error, i.e., that you didn't owe the tax. The only thing you can do now is to get them to file a release of the lien. The only way to do that, AFIK, is to pay off the balance you owe. Even then, your credit report will still show the tax lien for the next 7 years but it should also show that the lien was released. I have seen people buy homes or refinance mortgages with tax liens but the loan had to be large enough to pay off the lien as well as finance the house. Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
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| I am voluntarily making payments to the IRS for back taxes and have been for the last several years. Last year we were hit by a couple of hurricanes and I missed a couple of payments. The IRS filed a tax lien on my credit and now I can't buy a house. I am still making the payments every month, is there anything I can do to get it off my credit or have it show that payments are being made? Any advise is appreciated. << ================================================== ===== > << The foregoing is intended for educational purposes only > << and does NOT constitute legal OR professional advice. > << > << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org. > << Copyright (2006) - All rights reserved. > << ================================================== ===== > |
| Tags |
| credit, hurting, lien, tax |
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