Blog | TaxClosure

What is a Tax Lien? An Essential Guide for Dealing with Government Debts

Written by Charles T. Almond III | Aug 19, 2024 4:17:53 PM

What is a tax lien? A tax lien is a serious claim the government places on your assets when you fail to pay your taxes. This isn’t something that can be ignored or pushed aside—once a tax lien is filed, your financial stability and future are immediately jeopardized. Whether it’s your home, business, or credit, a tax lien threatens everything you've built. Understanding what a tax lien is and the impact it can have on your life is crucial to protecting yourself from the severe consequences that follow.

What is a Tax Lien?

A tax lien is a legal claim by the government against your assets due to unpaid taxes. This lien can severely damage your financial standing, putting your property, credit, and future assets at risk. If you fail to pay your taxes, the government has the power to file a lien, which can lead to the loss of your home, vehicle, or business. Common types of tax liens include:

  • Property Tax Lien: Imposed on real estate due to unpaid property taxes.
  • Income Tax Lien: Filed for unpaid federal or state income taxes.
  • Business Tax Lien: Placed on business assets for unpaid business taxes, including payroll taxes.

Now that we have answered, “What is a tax lien?” Let’s dive into the more serious matter of how they work and, more importantly, what you can do about them.

How Does a Tax Lien Work?

When you neglect or fail to pay your tax obligations, the government does not hesitate to take action. They file a Notice of Federal Tax Lien, which becomes a public record, alerting creditors that the government now has a legal right to your property. This lien attaches to all your current and future assets, including real estate, personal property, and financial accounts.

The filing of a tax lien is a serious step that can significantly damage your financial reputation. Your credit score will plummet, making it extremely difficult to secure loans, obtain credit or even sell your property. The lien remains in place until your tax debt is fully paid, and if left unresolved, the government can seize and sell your assets to recover the debt. The longer a tax lien lingers, the more devastating the consequences become.

How the Government Enforces a Tax Lien

Once a tax lien is in place, the government has the authority to enforce it through various means. If the debt remains unpaid, they can move to seize your assets. The government may also garnish your wages, drain your bank accounts, or take other legal action to collect the debt.

These actions can devastate your financial stability, leaving you with little to no recourse. The longer you wait to address the lien, the more aggressive these enforcement measures become, potentially resulting in the loss of everything you’ve worked hard to build.

Consequences of a Tax Lien

The consequences of a tax lien are severe and long-lasting. Once a lien is placed on your assets, your financial stability is immediately at risk. A federal tax lien remains in place until the assessed tax liability is fully satisfied or until it becomes unenforceable due to the lapse of time—typically after ten years when the collection statute expiration date (CSED) is reached. However, a tax lien can still follow you for years after this deadline, impacting every aspect of your financial life, from your ability to secure credit to your reputation with lenders and business partners. Consequences of a tax lien include:

  • Assets: A lien attaches to all of your assets, such as property, securities and vehicles, as well as any future assets acquired during the duration of the lien.
  • Credit: Once the IRS files a Notice of Federal Tax Lien, your ability to obtain loans, mortgages, or even credit cards may be limited.
  • Business: The lien extends to all business property and rights to business property, including accounts receivable, putting your business operations at risk.
  • Bankruptcy: Filing for bankruptcy may not provide relief, as your tax debt, lien, and Notice of Federal Tax Lien may continue even after the bankruptcy process is complete.
  • Limited Financial Flexibility: With a lien on your record, refinancing your home, selling property, or securing any type of financing becomes nearly impossible.

Ignoring a tax lien is not an option. The longer it remains unresolved, the more damage it will inflict on your financial well-being. Addressing a tax lien quickly is critical to avoid these devastating consequences and regain control of your financial future.

Strategies for Resolving Tax Liens

Now, more important than the question "What is a tax lien?" is how to resolve a tax lien. When faced with a tax lien, immediate action is necessary to prevent further damage to your financial health. The longer a lien remains unresolved, the more severe the consequences become. Fortunately, there are strategies available to help you resolve the lien and regain control of your assets.

Payment and Settlement Options

Whether you’re an individual or a business looking for tax relief, the IRS offers several ways to manage your debt and remove the lien from your record. Payment and settlement options include:

Option

Description

Full Payment

Paying the total amount owed which is the fastest way to remove the lien.

Installment Agreements

Setting up a monthly payment plan if you can't pay the full amount upfront.

Offer in Compromise

Settling your tax debt for less than the full amount if you qualify based on financial hardship.

Partial Payment Installment Agreement

Making smaller monthly payments over an extended period, possibly reducing the total debt.

Currently Not Collectible Status

Waiving payment if you can prove that paying would cause significant financial hardship.

Exploring these options as soon as possible can help you resolve the lien efficiently and prevent further financial consequences.

Applying for Lien Withdrawal or Subordination

If you’ve addressed your tax debt, you may be eligible to apply for a lien withdrawal or subordination. These processes can help ease the burden of a tax lien and restore your financial flexibility. Steps for applying include:

  • Lien Withdrawal: Requesting the IRS to remove the public notice of the lien from your credit report if you’ve paid your debt in full or meet other qualifications
  • Lien Subordination: Allowing other creditors to take priority over the tax lien, making it easier to refinance or sell your property
  • Discharge of Property: Removing the lien from a specific property so that it can be sold or refinanced separately
  • Certificate of Release: Obtaining this after fully paying off the lien, officially ending the lien's hold on your assets

Avoid The Issuance of a Federal Tax Lien With TaxClosure

When it comes to dealing with the serious threat of a tax lien, hesitation can be costly. The longer you wait, the more damage a lien can inflict on your credit, your assets, and your financial future. But you don’t have to face this challenge alone.

TaxClosure is your trusted partner in resolving any and all IRS tax debt. TaxClosure stands alone as the premier resource for resolving IRS tax debt quickly and effectively. Don’t let your IRS tax debt dictate your financial future—take action now to resolve your IRS tax debt today (Literally).

Most times, the IRS will restrain from the filing of a Federal Tax Lien if the taxpayer’s account is in a resolution status at the time that the IRS has to make a decision to file or not file a Federal Tax Lien. TaxClosure can help you secure a favorable resolution status – today and avoid the IRS feeling a need to file a Federal Tax Lien altogether, as your account is now resolved!

Want to see how easy it is? Watch our short video series.