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What Is an IRS Tax Lien?

An Internal Revenue Service (IRS) tax lien is not something you typically want to become familiar with, but if you are behind on your federal taxes, you need to know about it. An IRS tax lien is the way that the IRS enforces collection of delinquent federal taxes. The IRS files a tax lien against all of your property. The tax lien puts you, your creditors and any potential future creditors on notice that you owe the IRS for past taxes. The IRS tax lien can harm your credit, and can cause potential creditors to deny you a loan. Once the IRS files a tax lien, it is impossible to remove the lien without IRS cooperation. Worst of all, the IRS can enforce the tax lien by selling your property to pay off the delinquent taxes.

General Information

    The IRS tax lien is the main tool that the IRS uses to enforce payment of delinquent federal taxes. The tax lien basically gives the IRS a legal claim to all of your property, including cars, homes and other real property, as security for your delinquent taxes.

Enforcing an IRS Tax Lien

    The IRS may enforce its tax lien by selling your property and using the proceeds from the sale to pay off your delinquent taxes, plus interest and costs. If you are a business, an IRS tax lien can attach to your accounts receivable since accounts receivable are considered property. In short, an IRS tax lien can attach to any kind of property, so it must be dealt with quickly.

Notice of an IRS Tax Lien

    The IRS is required to provide you notice of the filing of an IRS tax lien within five business days after filing the lien. If the IRS fails to provide proper notice to you, then you can have the IRS tax lien withdrawn.

Appealing an IRS Tax Lien

    Because the IRS tax lien is such a dangerous enemy, you want to get rid of the lien as soon as possible. One of your options is to appeal the filing of the IRS tax lien. You can appeal for many reasons, including that you were not given proper notice, that you are current on all your taxes, or that a procedural error has been made. IRS agents are typically thorough and careful when filing a IRS tax lien, so if you think something is wrong, you better double-check and be aware that you are fighting an uphill battle.

Releasing an IRS Tax Lien

    The easiest way to release an IRS tax lien is to pay all of the delinquent taxes, plus penalties, costs and interest. If you can successfully argue an offer in compromise, you may not have to pay the full amount. At any time, you have the right to request an up-to-date payoff amount from the IRS.


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