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How to Appeal an IRS Tax Lien

How to Appeal an IRS Tax Lien

By on Dec 25, 2017 in Tax lien | 0 comments

How to Appeal an IRS Tax Lien

A tax lien is one of the most serious steps the IRS can take for individuals or businesses with unpaid back taxes.  If you receive written notice of a tax lien, the government has essentially placed a claim on your property, and the IRS gets the first right to seize your property over any and all other creditors. A tax lien will be in place until your tax debt is paid off.  It is important to note that a lien does not mean that the IRS will actually seize your property, but a tax lien can negatively impact your credit report, making it very difficult to obtain any type of loan including a mortgage, auto loan, new credit card, etc.

Is Appealing a Tax Lien an Option For You?

A tax lien can cause havoc on your day to day life, especially as it relates to your financial stability.  If you have received a notice of tax lien from the IRS, you may wonder if there is any way to appeal it. While not easy, here are some steps you can take if you want to appeal:

  • Hearing:

    When you receive the notice of tax lien, you are also given the opportunity to request a hearing. Your request for a hearing MUST come within 30 days after the lien has been received. The lien will reach you within 5 days of it being filed, so your deadline is actually 30 days after the 5th day that the lien was filed. The bottom line for you is to act fast.  You can use IRS Form 12153 to request an appeal.

  • Collection Due Process Hearing :

In order to appeal your tax lien, you should ask an IRS manager to review your case, or request a Collection Due Process hearing with the IRS Office of A The strongest cases for appeal are generally ones that can prove one of the following circumstances:

  1. Your taxes were paid in full BEFORE the lien was filed;
  2. There was an error made in the process of filing the lien;
  3. You were in the bankruptcy process when the lien was filed, meaning that you should have received an automatic stay;
  4. The statute of limitations had already expired on the taxes that you owed;
  5. You want to discuss other options for payment (installment agreement or offer in compromise);
  6. You are prepared to claim that your spouse is responsible for the taxes owed;
  7. You were not given the opportunity to dispute the amount assessed by the IRS.
  • Prepare your documents:

    If you’re planning to appeal your tax lien, you should spend time pulling together all relevant documents that support your reason for the appeal. Financial and other written documentation is critical to making your case.

  • Get help:

    Appealing a tax lien can be complicated and difficult. If you believe that you have a strong case, you should consider working with a tax firm that has experience appealing tax liens.

Received a Tax Lien Notice – Contact Success Tax Relief Today

Success Tax Relief can help you determine if appealing a tax lien is an option for you and, if it looks feasible, our team can help you build your best case. If you receive notice of a tax lien, do not waste any time – call us today at 877-825-1179 or contact us online to get started!

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