The Eliminating An Internal Revenue Service Tax Lien From Ones Credit Report

January 13 2011No Commented

Categorized Under: Uncategorized

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A DEBT TO THE INTERNAL REVENUE IS CAPABLE OF HURRIEDLY BECOMING AN INTERNAL REVENUE LIEN

It is achievable to make the Internal Revenue Service withdraw a federal tax lien, give notice to credit bureaus of having done so, and take pleasure in a resulting boost in ones credit score. All one needs to do to effectively dispute the IRS lien is demonstrate that all of the administrative steps within the IRS preceding the filing of the lien were not followed.

The Internal Revenue by federal statute only gives those owing tax money ten days to satisfy tax debts prior too filing a tax lien and making the delinquent tax debt a subject of known record. The credit agencies are on an ongoing basis going over the public records and once they locate an Internal Revenue lien in your records it can have a significant negative influence on your credit rating. Federal law at 26 U.S.C. § 6323(j) affords a chance to have an Internal Revenue lien withdrawn by the IRS with them providing notice to the credit bureaus of having done so. Once this is taken care of, the credit agencies are to treat it “as if the withdrawn notice had not been filed“.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 give the Internal Revenue Service 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 out where the administrative steps have in all likelihood not been adhered too. Freedom of Information Act requests find out whether or not those administrative steps have been adhered too in your case.

MOST LIKELY THE INTERNAL REVENUE SERVICE DID NOT ADHERE TO THEIR ADMINISTRATIVE PROCEDURES TO YOUR HELP

An extra very potent possibility that can perform a role in forcing the Internal Revenue to withdraw the lien for failing to pursue their administrative procedures is the 5 day topic. According to 26 U.S.C. § 6320(a) they were supposed to do this not more than 5 business days following the day of the filing of the notice of lien. One Treasury Inspector Audit Report showed that the IRS failed to satisfy the 5 day requirement 95% of the time. That same report said that sometimes the Internal Revenue Service couldn’t even confirm that they sent any notice at all! This is still another strong issue that can play a role in forcing the IRS to withdraw their lien.

THE IRS IS REQUIRED TO PROVIDE YOU NOTICE ABOUT THE LIEN

26 U.S.C. § 6320 obliges the Secretary (IRS) to give notice in writing the person described in section 6321 of the filing of a notice of lien in § 6323. Section 6321 states that if any person legally responsible to pay any tax neglects or declines to pay the same subsequent to demand, the total shall be a lien in favor of the United States upon all possessions and rights to property, whether real or personal, belonging to such person. Section 6323 goes into the nitty gritty of precisely which of your belongings the lien attaches too. Suffice it to say, there isn’t much of your belongings it doesn’t fasten too.

WHY YOU MAY NOT GRASP THE INTERNAL REVENUE SERVICE NOTICE OF LIEN DAMAGING YOUR CREDIT REPORT

26 U.S.C. § 6320 also compels the Secretary (IRS) to advise you you in particular ways. This is where the explanation comes  in as regards to why you would not know about  an Internal Revenue

lien. The Internal Revenue Service was supposed to: 1) Hand you the notice personally; 2) Leave the notice at your dwelling or usual location of business; 3) Or, send the notice to you via certified or registered mail at your last known address. I think lots of people are not aware of an Internal Revenue Service lien upsetting their credit report because the Internal Revenue Service either intentionally or neglectfully neglected to send the notice to your current 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.

 

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