The Doing Away With An IRS Tax Lien From Your Credit Report
A TAX DEBT IS CAPABLE OF HURRIEDLY BECOMING AN IRS TAX LIEN
It is doable to get the Internal Revenue withdraw a federal tax lien, notify the credit bureaus of having done so, and have the benefit of a resultant upsurge in your credit score. All one needs to do to successfully dispute the IRS lien is illustrate that all of the administrative steps within the IRS preceding placing of the lien in the public record were not complied with.
The Internal Revenue by federal law only gives those with unpaid tax debts ten days to pay their tax debt previous to filing a federal tax lien and making the unpaid tax debt a subject of known record. The credit agencies are repeatedly going over the public records and when they notice an IRS lien in your records it can have a significant depressing effect on your credit rating. Federal law at 26 U.S.C. § 6323(j) offers a chance to have an IRS lien withdrawn by the IRS with them providing notice to the credit bureaus of having done so. Once this is accomplished, the credit bureaus are to treat it “as if the withdrawn notice had not been filed“. See 26 U.S.C. § 6323(j)(1).
The best cause to provide the IRS for doing this is that all the administrative steps weren’t followed. See 26 U.S.C. § 6323(j)(1)(A). Treasury Inspector Audit Reports point to where the administrative steps have most likely not been followed. Freedom of Information Act requests uncover whether or not those administrative steps have been adhered too in your case.
IN ALL LIKELIHOOD THE IRS FAILED TO FOLLOW THEIR ADMINISTRATIVE PROCEDURES TO YOUR HELP
An additional very strong likelihood that can act a part in forcing the Internal Revenue to withdraw the lien for neglecting to keep to their administrative procedures is the 5 day topic. In accordance with 26 U.S.C. § 6320(a) they were supposed to do this not more than 5 business days after the day of the filing of the notice of lien. One Treasury Inspector Audit Report reported that the IRS failed to satisfy the 5 day condition 95% of the time. That same report reported that sometimes the Internal Revenue Service couldn’t even establish that they sent any notice at all! This is still one more strong issue that can play a role in forcing the IRS to withdraw their lien.
THE IRS HAS A DUTY TO PROVIDE YOU NOTICE ABOUT THE LIEN
26 U.S.C. § 6320 commands the Secretary (IRS) to advise in writing the anyone described in section 6321 of the filing of a notice of lien in section 6323. Section 6321 states that if any person liable to pay any tax neglects or refuses to pay the same after demand, the amount shall be a lien in favor of the United States upon all possessions and rights to property, whether real or personal, owned by such person. Section 6323 goes into the nitty gritty of precisely which of your property the lien attaches too. Suffice it to say, there isn’t much of your possessions it doesn’t fasten too.
WHY YOU DON’T DISTINGUISH THE INTERNAL REVENUE SERVICE LIEN TANKING YOUR CREDIT REPORT
26 U.S.C. § 6320 also commands the Secretary (IRS) to notify you you in given ways. This is where the details come in with reference to why you would not comprehend the existence of an Internal Revenue
lien. The IRS was supposed to: 1) Give you the notice individually; 2) Leave the notice at your place of abode or usual place of commerce; 3) Or, send the notice to you via certified or registered mail at your last known address. I think the majority people do not know about an Federal tax lien disturbing their credit report because the Internal Revenue Service either intentionally or carelessly neglected to send the notice to your present address. There is a very strong possibility that the last known address issue can play a role in forcing the IRS to withdraw the lien for failing to follow their administrative procedures.
Legalbear’s Tips & Tricks for Court is a Yahoo Group that has over 3200 members. Many of those members are knowledgeable and willing to discuss your IRS lien and contribute to a solution to your problem. You may want to join the group.