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Tax Liens & Levies

Liens and levies are aggressive tax collection tools that can seize your assets—but with the right help, they can be stopped or removed.

Tax Liens

If you owe the IRS and haven’t paid, the agency can gain legal right to your property by issuing what is called a tax lien. This is not the same as a levy, in which the IRS can actually seize your property, but is rather a way to secure interest in the property and establish that the federal government has the primary claim to it. This way, the IRS ensures that it gets paid before other creditors and lenders.

Getting Rid of Tax Liens

The best way to get rid of a tax lien is to pay the full balance of your tax debt, causing your lien to be discharged in 30 days. But if you can’t pay the full amount, there are other things you can do, like negotiating an installment agreement with the IRS or discharging the property with the lien, which moves the lien from one property to another.

A third option is subordination, which permits other creditors to move ahead of the IRS priority-wise in terms of security interest. This could allow you to refinance or secure a new loan and pay off your tax debt.

Tav Levy

When you are in debt to the IRS, one of the most extreme ways the tax agency can ensure that you pay is by levying your property. A tax levy is when the IRS legally seizes your assets in order to settle your debt.

How a Tax Levy Works

If you haven’t paid your tax bill after receiving a Notice and Demand for Payment from the IRS, the agency will enact a levy. You will know a levy has been enacted on your assets because the IRS will also issue a Final Notice of Intent to Levy and a Notice of Your Right to a Hearing at least 30 days before the levy goes into effect.

There are different kinds of levies that can be authorized, depending on your situation. A bank levy is when your bank places a hold on your funds at the IRS’ request, deducting them 21 days later to pay your debt. The IRS may continue taking funds from your account until the debt is paid off.

Another type of levy is property seizure, in which the IRS claims your property, sells it, and applies the proceeds to your debt. Cars and homes are two of the most common pieces of property the IRS seizes.

But the IRS is not limited to taking money from your bank accounts or selling your property — it also has the power to seize your life insurance, retirement funds or passport to force you to pay.

Getting Rid of a Levy

Having your assets levied is obviously a difficult position to be in, but it’s not an impossible situation to escape. The best way to get rid of a levy is to pay your IRS balance in full, after which the levy will be removed in 30 days. But this is not doable for many people.

Another great option is getting in touch with a dedicated tax professional who can help you weigh your options, which may include setting up a payment plan, filing an appeal or proving financial hardship. A levy doesn’t have to ruin your finances, and an experienced tax pro can help you get rid of levies once and for all.

Schedule a free consultation with one of our tax associates and see how we can help you leave your debt behind.
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