Tax liens: how they work?

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The IRS places a tax lien on property when taxes are not paid. Liens can be settled by paying the bill or through a payment agreement. The IRS may offer lien subordination to facilitate real estate transactions. Tax advisors or attorneys may be needed to resolve premature or improperly issued liens.

The Internal Revenue Service (IRS) places a tax lien on a person or business when taxes are due but not paid. The IRS places a lien on the property, until all taxes, fees, and/or penalties have been paid.

Tax liens can be settled in different ways. The most obvious is to pay the bill. Tax liens can also be removed when some type of payment agreement is reached between the IRS and the debtor. Typically, the IRS will enter into an installment agreement where the debt installments are paid each month until the full amount has been paid. This is usually how tax payments are handled, but it can also include some penalties.

Tax liens can have a strong negative effect on the purchase or sale of associated real estate. To facilitate the transaction, the IRS will sometimes offer lien subordination. In this case, the IRS withdraws the notice of a tax lien. In doing so, they take care of themselves and the taxpayer. The taxpayer can get a loan. Subsequently, the IRS has access to any appreciation of the property, even though they waive their rights to be the first priority for the payment of the debt.

Sometimes tax liens are issued prematurely or do not follow IRS administrative rules. In these cases, the lien must be lifted by law. The help of a tax advisor or attorney may need to be employed to determine and resolve these matters.

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