Friday, September 11, 2020

How to Discharge of an IRS Tax Lien?

How to Discharge of  an IRS Tax Lien?



You need to submit form 14135, Application for Certificate of Discharge of Property from Federal Tax Lien at least 45 days before the sale or settlement meeting. Publication 783 provides the instructions for completing form 14135. 



You will need to describe the property, its appraised value, and other information. Most importantly, you need to provide a basis for the discharge of the IRS tax lien. When the IRS grants a lien discharge, it is doing you a favor. You need to give them a reason why they should grant your request. 




As stated above, the IRS will approve the discharge of a tax lien on a specific piece of property or properties with good reason. Taxpayers may use the following as a basis for a lien discharge: Your other property subject to the IRS tax lien is worth twice as much as your tax liability. For example, if your total tax liability is $45,000, you will need to have at least $90,000 worth of assets subject to the Federal tax lien after the IRS grants the lien discharge for the requested property. You pay the IRS an amount equal to their lien interest in the property being discharged. If you pay the IRS the same amount they could receive from their lien interest, they may give you a lien discharge. The IRS interest may be less than the full value of your property because other creditors, such as a mortgage lender, may have interests that are superior to the IRS tax lien. The mortgage lender’s interest is superior to the IRS tax lien, so the government’s interest in your property has no value You agree to sell your property and hold the funds subject to the IRS tax lien in escrow. You can use the sales proceeds to pay off a creditor with a superior interest to the IRS. In many cases, this could be a mortgage lender. But the rest of the funds have to stay in escrow subject to the IRS tax lien.



  • A third party provides a deposit or bond equal to the IRS lien interest in the property. If a third party owns property subject to your IRS tax lien, they can get a lien discharge by paying a deposit to the IRS. The third party has to file an action in district court challenging the lien interest within 120 days, or they forfeit the deposit.

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