Having an IRS tax lien filed against you can be a daunting experience. It's a public notice from the government that you owe taxes, and it can significantly impact your credit score and ability to conduct financial transactions. But don't despair! There's a clear path to resolving this, and it often begins with requesting an IRS tax lien payoff. This comprehensive guide will walk you through the process, step by step, to help you navigate this often complex landscape.
How to Request an IRS Tax Lien Payoff: Your Comprehensive Guide
Are you feeling overwhelmed by an IRS tax lien? Do you want to regain control of your financial future and remove this burden? You've come to the right place! The first and most crucial step in addressing an IRS tax lien is to understand how to get a payoff amount and what happens next. Let's dive in!
How To Request An Irs Tax Lien Payoff |
Step 1: Understand What a Tax Lien Means for You
Before you even think about requesting a payoff, it's essential to grasp the implications of an IRS tax lien. A Notice of Federal Tax Lien (NFTL) is a public document that alerts creditors that the IRS has a legal claim to your property. This claim can extend to:
- Real Estate: Your home, land, or any other property you own.
- Personal Property: Vehicles, boats, and even future assets you acquire while the lien is active.
- Financial Assets: Bank accounts, retirement funds, and other investments.
While a lien is not a levy (which is the actual seizure of your property), it does make it incredibly difficult to sell assets, get loans, or refinance. It essentially puts the IRS at the front of the line when it comes to any proceeds from your property. Knowing this will empower you as you move forward.
Step 2: Determine Your Tax Liability (and the Amount Owed)
You can't pay off a lien if you don't know the exact amount you owe! This is a critical initial step.
Sub-heading 2.1: Access Your IRS Online Account
The quickest and most convenient way to check your current tax balance is through your IRS Online Account. If you don't have one, you can easily create one on the IRS website. This portal provides access to your tax records, including balances due.
Sub-heading 2.2: Contact the IRS Centralized Lien Office (CLO)
For a specific payoff letter, especially if you need it for a property sale or refinance, the IRS Centralized Lien Office (CLO) is your go-to resource.
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- By Phone: You can call the CLO at 800-913-6050. Be prepared to provide your identifying information, such as your Social Security Number or Employer Identification Number.
- By e-Fax: You can also e-fax your request to 855-390-3530.
Pro Tip: When contacting the CLO, clearly state that you are requesting a payoff letter for your federal tax lien. This letter will provide the precise amount needed to satisfy the lien, including penalties and interest up to a specific date.
Sub-heading 2.3: Review Previous Notices and Correspondence
Sometimes, the information you need might be in previous notices the IRS sent you. Dig through your tax-related documents for any Notice of Federal Tax Lien or other balance due statements. While these might not be perfectly up-to-date with current interest and penalties, they can give you a good starting point.
Step 3: Explore Payment Options
Once you have the exact payoff amount, it's time to strategize on how you'll pay it.
Sub-heading 3.1: Full Payment
The simplest and most direct way to resolve a tax lien is to pay the full amount owed, including all accrued interest and penalties.
- Online Payment: The IRS offers various online payment methods, including IRS Direct Pay (from your bank account), debit card, credit card, or digital wallet.
- Check or Money Order: You can mail a check or money order to the IRS, but be sure to follow their payment instructions carefully to ensure it's applied correctly.
- Certified Funds: For immediate processing and lien release, using certified funds (like a cashier's check or money order) is often recommended.
Remember: The IRS is generally required to issue a lien release within 30 calendar days of receiving full payment. The 30-day period begins on the date certified funds are received, or 15 calendar days after non-certified funds (like a personal check) are received.
Sub-heading 3.2: Installment Agreement (Payment Plan)
If paying the full amount isn't feasible, you might be able to set up an Installment Agreement (IA) with the IRS. Under the IRS Fresh Start Initiative, it's become easier for some taxpayers to qualify for these agreements.
QuickTip: Every section builds on the last.
- Direct Debit Installment Agreement: If you can commit to a Direct Debit Installment Agreement, the IRS may be willing to withdraw the lien, which has a more favorable impact on your credit than a simple release.
- How to Apply: You can apply for an Installment Agreement online, by phone, or by mail using Form 9465, Installment Agreement Request.
Sub-heading 3.3: Offer in Compromise (OIC)
An Offer in Compromise (OIC) allows you to settle your tax debt for less than the full amount owed. This option is generally considered if you are experiencing significant financial hardship and cannot realistically pay your full tax liability.
- Eligibility: The IRS will consider your ability to pay, income, expenses, and asset equity when evaluating an OIC. You can use the IRS's Offer in Compromise Pre-Qualifier Tool to see if you might be eligible.
- Impact on Lien: If your OIC is accepted and you fulfill the terms of the agreement, the IRS will release the tax lien.
- Forms: You'll typically need to submit Form 656, Offer in Compromise, and Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals, or Form 433-B (OIC), Collection
Information Statement for Businesses.
Step 4: Requesting a Certificate of Release of Federal Tax Lien
Once your tax liability is fully satisfied (either by full payment, completion of an OIC, or the Collection Statute Expiration Date has passed), the IRS is legally required to release the lien.
Sub-heading 4.1: Automatic Release
In most cases, the IRS will automatically issue a Certificate of Release of Federal Tax Lien within 30 days of your tax liability being fully satisfied. This certificate is filed in the same public records office where the original Notice of Federal Tax Lien was filed.
Sub-heading 4.2: Requesting a Release (If Not Automatic)
If more than 30 days have passed since you fully paid off your tax liability and you haven't received a Certificate of Release, you can actively request it.
- For payments older than 30 days: Contact the IRS Centralized Lien Office by calling 800-913-6050 or e-faxing 855-390-3530.
- For payments within 30 days: Your request must be in writing and mailed to the Collection Advisory Group for your specific area. You can find their addresses in Publication 4235, Collection Advisory Group Addresses, and more information in Publication 1450, Instructions for Requesting a Certificate of Release of Federal Tax Lien.
Important Distinction: A lien release removes the government's claim to your property once the debt is satisfied. A lien withdrawal removes the public Notice of Federal Tax Lien, essentially erasing it from public record as if it never existed. While a release is standard after payment, a withdrawal is more challenging to obtain and requires specific conditions (e.g., direct debit installment agreement, Fresh Start Initiative criteria).
Step 5: Verify the Lien Release
Even after you've paid and the 30-day window has passed, it's crucial to verify that the lien has indeed been released from public record.
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- Check with the Recording Office: Contact the county recorder's office or the state's Secretary of State where the lien was originally filed. They can confirm if the Certificate of Release has been recorded.
- Obtain a Copy: Request a copy of the recorded Certificate of Release for your records. This is your proof that the lien has been removed.
- Monitor Your Credit Report: While tax liens no longer directly appear on consumer credit reports from the major bureaus (Equifax, Experian, TransUnion) since 2018, their presence in public records can still influence lenders' decisions. Ensure your credit reports reflect the improved status of your financial situation.
Step 6: Consider Professional Assistance
Dealing with tax liens can be intricate, and the IRS system can be complex. Don't hesitate to seek professional help.
- Tax Professionals: A qualified Enrolled Agent, CPA, or tax attorney specializing in tax resolution can provide invaluable guidance, help you navigate the process, communicate with the IRS on your behalf, and explore all available options (like Offers in Compromise, installment agreements, or lien withdrawals).
- Low Income Taxpayer Clinics (LITCs): If you meet certain income requirements, LITCs offer free or low-cost assistance to taxpayers in disputes with the IRS.
By following these steps, you can effectively request an IRS tax lien payoff and work towards a clear financial slate.
10 Related FAQ Questions
How to Check if I Have an IRS Tax Lien?
You can check for an IRS tax lien by accessing your IRS Online Account, requesting your tax transcripts, or by checking public records at your local county recorder's office or the state's Secretary of State office where you reside or own property.
How to Pay Off My IRS Tax Lien Online?
You can pay off your IRS tax lien online through various options on the IRS website, including IRS Direct Pay (from your bank account), or by using a debit card, credit card, or digital wallet through an approved payment processor.
How to Get a Copy of My IRS Tax Lien?
You can usually obtain a copy of your IRS tax lien (Notice of Federal Tax Lien, or NFTL) from the county recorder's office or the state's Secretary of State office where it was originally filed. The IRS generally does not provide copies of the NFTL itself, but rather the Certificate of Release.
How to Request a Lien Release After Paying My Tax Debt?
The IRS is generally required to automatically release the lien within 30 days of full payment. If it hasn't been released within that timeframe, you can contact the IRS Centralized Lien Office at 800-913-6050 or e-fax 855-390-3530 (for payments made over 30 days ago) or send a written request to your local Collection Advisory Group (for payments within 30 days).
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How to Get an IRS Tax Lien Withdrawn Instead of Just Released?
A lien withdrawal removes the public notice of the lien, making it as if it never existed. You may be eligible for a withdrawal if you satisfy the tax liability and entered into a Direct Debit Installment Agreement, or if it's determined that the lien filing was premature or in error. You typically request a withdrawal using Form 12277, Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien.
How to Understand the Difference Between an IRS Lien Release and a Lien Withdrawal?
A lien release occurs when the tax debt has been paid in full or is no longer legally collectible, effectively removing the IRS's claim on your property. A lien withdrawal removes the public record of the lien, which can be more beneficial for your credit, as it makes it appear as though the lien was never filed.
How to Sell Property with an Active IRS Tax Lien?
Selling property with an active IRS tax lien requires special procedures, such as obtaining a Certificate of Discharge of Property from Federal Tax Lien (using Form 14135). This allows a specific piece of property to be sold free of the lien, with the proceeds typically going towards satisfying the tax debt.
How to Get an IRS Lien Subordinated?
Lien subordination allows another creditor's claim to take priority over the IRS's lien, often used in refinancing scenarios. You can apply for a Certificate of Subordination of Federal Tax Lien using Form 14134, Application for Certificate of Subordination of Federal Tax Lien.
How to Deal with an IRS Tax Lien if I Can't Pay in Full?
If you can't pay the tax lien in full, you can explore options like setting up an Installment Agreement (payment plan) with the IRS or submitting an Offer in Compromise to settle your debt for a lower amount.
How to Find a Tax Professional to Help with an IRS Tax Lien?
You can find a tax professional specializing in tax resolution, such as an Enrolled Agent, CPA, or tax attorney, through professional organizations, online directories, or by asking for referrals. The IRS website also provides resources for finding qualified tax preparers.