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New IRS Policy 04/02/2011


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#26 Mervynsb

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Posted 05 May 2011 - 05:59 PM

Well here goes the IRS confirmed that there are no liens on my account that I have to take it up with the State of New York .. I was advised to got to the court house where it was filed and see exactly who filed it

anyone got any suggestions


Thanks dean



#27 montanarice

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Posted 06 May 2011 - 06:32 AM

It should all be public record informatiion accessible to you, possibly in civil court.....in Massachusetts it goes throught the Registry of Deeds and Land Court, the whole reason they file liens is to attach any property or future property you own.......sounds like you are clean on the federal but maybe have to track down the state info......a lot of the times there can be a lien but it is just internally known and not filed in any court too...you may wanna contact your state's department of revenue and request copies of everything they have on you relating to liens, they have to provide it to you.then look through whatever they give you.......may save some court researching because the IRS and/or state can file a lien not just in your county, they can file it in the state's capital county or the county where their office branch is...good luck, keep us updated......

Edited by montanarice, 06 May 2011 - 06:33 AM.


#28 montanarice

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Posted 06 May 2011 - 06:43 AM

By the way, as a follow up to my posts about the liens being removed, yesterday I got the official follow up letter from the IRS:

Dear Mr. xxxxxxxxxx,

This letter is to inform you thar we have reviewed your request for withdrawl and that the Certificate of Withdrawl of Filed Notice of Federal Tax Lien pursuant to Internal Revenue Code Section 6323(j), concerning xxxxxxxmy namexxxxxxx, number xxxxxxsocial security numberxxxxxxxxxxxxx has been approved:

* Lien serial number xxxxxxxxx recorded with the US District Court, Boston, MA on xxxxdatexxxxx in the amount of xxxxxamountxxxxx
* Lien serial number xxxxxxxxx recorded with the Registry of Deeds, xxxxxcountyxxxxx, MA on xxxxdatexxxxx in the amount of xxxxxamountxxxxx
* Lien serial number xxxxxxxxx recorded with the US District Court, Boston, MA on xxxxdatexxxxx in the amount of xxxxxamountxxxxx


The Certificate of Withdrawl will be recorded with the office where the original Notice of Federal Tax Lien was filed. The withdrawl notice shows the original Notice of Federal Tax Lien will have no effect against any property(s) you own or are a partial owner of. For your convenience, I have included a facsimile copy of the Certificate of Withdrawl that will be filed with this letter.

Additionally, copies of all of this information is being forwarded to the credit reporting agencies that you indicated and requested in your filing. Please contact us if any of these agencies continue to report this public record longer than 60 days beyond the date of this letter.

If we can be of further assistance or if you have any questions regarding this matter, please contact us at xxxxxxxxxxxxcontact infoxxxxxxxxxxxxxx.

Signed,

xxxxxnamexxxxxx
Acting manager
Advisory Group
Internal Revenue Service

Edited by montanarice, 06 May 2011 - 06:44 AM.


#29 shandrewsca

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Posted 10 May 2011 - 05:22 PM

My husband has IRS liens on his CRAs. He collects Social Security, and the IRS takes 15% off the top to apply towards his tax bill. Would this count and he could apply to have them removed?

#30 swanbird

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Posted 17 May 2011 - 07:11 PM

By the way, as a follow up to my posts about the liens being removed, yesterday I got the official follow up letter from the IRS:

Dear Mr. xxxxxxxxxx,

This letter is to inform you thar we have reviewed your request for withdrawl and that the Certificate of Withdrawl of Filed Notice of Federal Tax Lien pursuant to Internal Revenue Code Section 6323(j), concerning xxxxxxxmy namexxxxxxx, number xxxxxxsocial security numberxxxxxxxxxxxxx has been approved:

* Lien serial number xxxxxxxxx recorded with the US District Court, Boston, MA on xxxxdatexxxxx in the amount of xxxxxamountxxxxx
* Lien serial number xxxxxxxxx recorded with the Registry of Deeds, xxxxxcountyxxxxx, MA on xxxxdatexxxxx in the amount of xxxxxamountxxxxx
* Lien serial number xxxxxxxxx recorded with the US District Court, Boston, MA on xxxxdatexxxxx in the amount of xxxxxamountxxxxx


The Certificate of Withdrawl will be recorded with the office where the original Notice of Federal Tax Lien was filed. The withdrawl notice shows the original Notice of Federal Tax Lien will have no effect against any property(s) you own or are a partial owner of. For your convenience, I have included a facsimile copy of the Certificate of Withdrawl that will be filed with this letter.

Additionally, copies of all of this information is being forwarded to the credit reporting agencies that you indicated and requested in your filing. Please contact us if any of these agencies continue to report this public record longer than 60 days beyond the date of this letter.

If we can be of further assistance or if you have any questions regarding this matter, please contact us at xxxxxxxxxxxxcontact infoxxxxxxxxxxxxxx.

Signed,

xxxxxnamexxxxxx
Acting manager
Advisory Group
Internal Revenue Service


I just received my letter from the IRS - WITHDRAWN! However, the letter says something different from the rest of the letters I've seen on the forums:

Pursuant to your request, we have mailed a Form 10916©, Withdrawal of Filed Notice of Federal Tax Lien, to also be recorded where the original Notice of Federal Tax Lien was filed. Enclosed is a copy of that Form 10916© that we have mailed to the local recording office.

You may present your copy of the withdrawal form to any credit reporting agency, financial institution, or creditors as you deem appropriate.

In my letter, I specifically requested that they send the notice to the credit reporting agencies and included the CRA addresses. So I wonder if the IRS' new policy is not to send it to the CRAs or maybe it's just the Baltimore office that has adopted this policy? Anyone else have any luck getting the IRS to send to the CRAs? I'm just afraid that if i send it to the CRAs, they will not remove it.

Edited by swanbird, 17 May 2011 - 07:12 PM.


#31 Elizabeth_Speaking

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Posted 20 May 2011 - 01:18 AM

My husband has IRS liens on his CRAs. He collects Social Security, and the IRS takes 15% off the top to apply towards his tax bill. Would this count and he could apply to have them removed?


I would like to hear any input on this as well. The IRS recently started taking 15% off the top of my salary as well. Anyone?

#32 The Franchise

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Posted 29 May 2011 - 07:34 PM

A little late, but I wanted to step in here and comment...

I've spoken to the IRS about back owed taxes on 4 separate occasions. It's a long story, but in summary, my timing with EXEMPT status was flawed.

Anyway, I have owed in excess of $5000 on two of those occasions - once this year - and they have never filed a lien against me nor threatened to. When I talk to the agent, they basically say that they only file lien if the amount is substantial AND you don't make at least arrangements to pay it that are accepted by the IRS (which mine always are). In a nutshell, "...if we don't think we're going to get money out of you, or we don't hear back from you, that's when we file the lien, but if you're showing good faith, we don't file anything because you're at least trying. If nothing else, always call in and talk to someone about your situation." <--- direct quote. That said, I'm sure that if someone is in the 5 figures, IRS won't hesitate to file the lien unless your payment arrangements are like $1,000 a month.

My advice to those getting garnished: Call and talk to the IRS. Make a payment arrangement that is within your means but will reasonably pay off the debt. Don't duck it, don't avoid it, don't run from it. Even if you can only pay $300/month, that's better than over $700 garnished from you without your choice, making you look bad to your employer.

Franchise Tax Board, on the other hand, would take your first born child if they were legally allowed to sell it for cash.

Edited by The Franchise, 29 May 2011 - 07:35 PM.


#33 horsegoer

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Posted 30 May 2011 - 01:04 PM

How does this affect state tax judgments? I have one that is paid. Thanks

#34 horsegoer

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Posted 31 May 2011 - 06:58 PM

Anyone? THanks.

#35 vidarsp

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Posted 31 May 2011 - 11:42 PM

Hello all,

1. I am new to this I have read the previous threads and was wondering how and if it is possible to get a Civil Claim judgement removed that was filled for a previous credit? it was filled back in 2005, my check was garnished and it is showing as paid, however, it will be removed from my report on March 2012, I was wondering was there a way to get it removed before then.


2. Is there a way to get a State Tax Lien removed also?

#36 montanarice

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Posted 07 June 2011 - 02:42 AM

So far as I know this new policy is in relation only to Federal Taxes but hopefully States will follow suit

#37 IWant800Plus

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Posted 07 June 2011 - 03:25 AM

If I owe about 12K to the IRS with a current tax lien, would an OIC be plausible/possible?

#38 The Franchise

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Posted 11 June 2011 - 11:57 AM

If I owe about 12K to the IRS with a current tax lien, would an OIC be plausible/possible?


Yes, just CALL THEM. TALK TO THEM. They're not hostile at all. As long as you make an offer that's reasonable they will work with you. If you do have a lien on the report they will consider removing it if you make an offer that gets them their money. That's really all they care about - the money.

#39 livingontheedge

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Posted 11 June 2011 - 02:25 PM

Hello All

I have been searching all day and reading all the history on Tax Liens. I have 3 on Equifax. Transunion and Experian does not report them. They have dates of 12/95 and 12/96 on my credit report. I paid them. But I cannot get them off of my report.

One post I read told me to take off all of my old names (I have been married for 10 years and my liens were under my old name), and then write a dispute letter "not mine"

Another post says I should send paperwork showing these have been paid,

Another post says I should send a dispute letter to Equifax and keep it up and threaten them.

I called an attorney today and he said just keep writing letters.

I need these liens off my report. Please let me know which road I should follow. I have never received bad advice from you guys.

Thanks
M

#40 DaDV

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Posted 16 June 2011 - 12:50 PM

Incredibly helpful post!!! Sending my papers off to the IRS today - will follow up when something changes :D

THANK YOU!

#41 swanbird

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Posted 17 June 2011 - 04:43 PM

Hello All

I have been searching all day and reading all the history on Tax Liens. I have 3 on Equifax. Transunion and Experian does not report them. They have dates of 12/95 and 12/96 on my credit report. I paid them. But I cannot get them off of my report.

One post I read told me to take off all of my old names (I have been married for 10 years and my liens were under my old name), and then write a dispute letter "not mine"

Another post says I should send paperwork showing these have been paid,

Another post says I should send a dispute letter to Equifax and keep it up and threaten them.

I called an attorney today and he said just keep writing letters.

I need these liens off my report. Please let me know which road I should follow. I have never received bad advice from you guys.

Thanks
M


If they are federal tax liens, then you could try the method described in the orignal post - ask the IRS to withdraw them. I followed the instructions in this thread ad had a response back in a few weeks. The IRS filed the withdrawal in court and then I disputed the liens with the CRAs. I was worried that the CRAs wouldn not delete the liens, but they did. It was a quick and relatively painless process.

#42 Witz

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Posted 22 June 2011 - 05:03 PM

I got my request sent in today for my IRS lien. I will let you know how it goes sending it to the IRS office here in Oakland. Crossing my fingers.

#43 TexasBubba50

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Posted 23 June 2011 - 01:37 PM

Thanks to everyone for posting this information. Sent my letter to the IRS here in Dallas on Monday - will update if anything changes. :wave:

Thanks!
Steve

#44 winstars

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Posted 30 June 2011 - 03:38 PM

I just mailed my forms out to the IRS today. I would not have known anything about this new policy by the IRS if not for this wonderful board and the people on it!!!!

BTW, there is a bill pending in the CA Senate that would essentially mirror these new IRS guidelines. After reading I think every thread here on "tax liens" I can see that a lot of people here also have state liens marring their CR. If you Google "SB 228 Wyland" it should come up. It's pretty late it the session for it to pass but maybe next year!!!

I will , like everyone else, give update on my progress with the IRS. One thing I have noticed here is that sometime posters forget to post the result of whatever issue they were having. There were several topics that I read that I wished had another post or two from the OP to tell us what happened in the end of the day. With that said, this board is a lifesaver to most of us and much needed in these hard times.

#45 jaybee

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Posted 04 July 2011 - 02:52 AM

Does anyone know the timeframe the IRS gives you to pay back the lien on payments? Or is it dependent on how much you owe?

#46 winstars

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Posted 04 July 2011 - 04:28 AM

Does anyone know the timeframe the IRS gives you to pay back the lien on payments? Or is it dependent on how much you owe?



25k or less, go to their website and work out a payment plan. Their vibe (of course) is that you pay as much monthly as possible!!! So I guess it goes depend on how much you owe and how much you can give them each month. My GF is doing one do for taxes owed.

Edited by winstars, 04 July 2011 - 04:29 AM.


#47 mother

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Posted 09 July 2011 - 02:48 AM

I had an IRS lien filed in 2007 and released in 2009 as satisfied. The presence of the tax lien, albeit released, was reported to have a negative impact on my FICO scores and credit worthiness. I read the posts, filed the form 12277 as outlined in the prior post, with a cover letter requesting removal letters directly to the Credit reporting Bureaus. The form 12277 is easy to follow and provides clear directions on the receiving Advisory Group. My cover letter was short and direct. Within less than 2 weeks, I received a letter by email attachment from the IRS Agent summarizing the approval of the lien vacating and the IRS steps being taken to record the Notice of Lien Vacating with the County in which the Notice of the Lien and the Certificate of Release of Lien were filed. This is, apparently, reported from my local (CA) office through a Kentucky IRS clearing house and mailed to Counties across the US on a twice weekly basis. There is some confusion over the part of the IRS code that specifies the IRS will directly notify the Credit reporting Bureaus if the taxpayer specifically requests same in an attached letter. The letter I received, to date, specifies " Asyou requested, we also mailed Form 10916, Withdrawal of Filed Notice of FederalTax Lien, to be recorded where the Notice of Federal Tax Lien was filed. Wehave enclosed a copy for your records." As of today (2 weeks post submission of form 12277) my County Recorder Office has not received the referenced for 10916. Upon receipt, I can appear in person, pay a nominal fee to have a copy of the form certified by the County Recorder, and leave with this certified proof that the Lien has been withdrawn. The IRS agent and supervisor have been easy, pleasant and responsive. The agent has agreed to send a copy of his letter, and hopefully the completed form 10916, to the credit bureaus, but as of today this is an unknown.

Downside: no one really knows how to get the Credit Bureaus to remove the lien from the reports. I am open to anyone who has successfully reached this level of success. Did you see a change in your FICO score? And for the record, I had a very small tax warrant issued in 1997 in NYS, released in 2005. NYS staff are adamant the lien will not be withdrawn regardless of federal policy. In desperation I located an Office of the Taxpayer Advocate for NYS. As expected, there is no telephone number to call this Taxpayer Advocate, but I downloaded the form, DTF - 911 = Request for Assistance from the TaxpayerRights Advocate, completed the form and faxed it to the number provided, 518-435-8532. I have heard nothing, but am hopeful something might happen.

#48 willjeffers

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Posted 09 July 2011 - 03:33 AM

I am new here...my first post....



But I have had direct experience with a tax lien. In Nov, the IRS, without notification, hit me with a very large tax lien and wiped out 2 bank accounts.

That was JUST what I needed to get my butt in gear and file my back taxes. I got with a CPA and we did that...it took a few months and we filed some kind of appeal in the meantime to keep them from coming after other assets.


Now, Im all caught up and the tax lien has been released. About a month ago, I sent a request form to the IRS asking that they WITHDRAW it per the new regulation.

So far, I dont think they have and I have not heard back from them on it.



Note, I did not send a letter, just the form and I couldnt find a copy of the lien so I did not include it.



I have been keeping up with my fake credit score via Credit Karma.since May 2008.

My score before the tax lien was 769. It dropped all the way to 681 after the tax lien.And about a month ago, I presume when the release hit my report, it rebounded 11 points to 692. That was a disappointment as I was hoping it would rebound at least half.


Anyway, Im hoping that in the next few months it all gets taken care of any my report gets clean of this mess.


I am in good shape financially so I really have no need for great credit but I like keeping up with it nonetheless.

My house is paid for and I have no need for credit. Already have several rewards cards.


Im WAY too tight to ever pay for a real fico score. I get my fake ones from CK, Quizzle & now Credit Sesame.



I did not ask the IRS to contact the credit reporting agencies. I guess I should send a new letter in over that.



My plan was to give them another month or so and then if its not removed, despite it.

#49 winstars

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Posted 09 July 2011 - 07:16 PM

I had an IRS lien filed in 2007 and released in 2009 as satisfied. The presence of the tax lien, albeit released, was reported to have a negative impact on my FICO scores and credit worthiness. I read the posts, filed the form 12277 as outlined in the prior post, with a cover letter requesting removal letters directly to the Credit reporting Bureaus. The form 12277 is easy to follow and provides clear directions on the receiving Advisory Group. My cover letter was short and direct. Within less than 2 weeks, I received a letter by email attachment from the IRS Agent summarizing the approval of the lien vacating and the IRS steps being taken to record the Notice of Lien Vacating with the County in which the Notice of the Lien and the Certificate of Release of Lien were filed. This is, apparently, reported from my local (CA) office through a Kentucky IRS clearing house and mailed to Counties across the US on a twice weekly basis. There is some confusion over the part of the IRS code that specifies the IRS will directly notify the Credit reporting Bureaus if the taxpayer specifically requests same in an attached letter. The letter I received, to date, specifies " Asyou requested, we also mailed Form 10916, Withdrawal of Filed Notice of FederalTax Lien, to be recorded where the Notice of Federal Tax Lien was filed. Wehave enclosed a copy for your records." As of today (2 weeks post submission of form 12277) my County Recorder Office has not received the referenced for 10916. Upon receipt, I can appear in person, pay a nominal fee to have a copy of the form certified by the County Recorder, and leave with this certified proof that the Lien has been withdrawn. The IRS agent and supervisor have been easy, pleasant and responsive. The agent has agreed to send a copy of his letter, and hopefully the completed form 10916, to the credit bureaus, but as of today this is an unknown.

Downside: no one really knows how to get the Credit Bureaus to remove the lien from the reports. I am open to anyone who has successfully reached this level of success. Did you see a change in your FICO score? And for the record, I had a very small tax warrant issued in 1997 in NYS, released in 2005. NYS staff are adamant the lien will not be withdrawn regardless of federal policy. In desperation I located an Office of the Taxpayer Advocate for NYS. As expected, there is no telephone number to call this Taxpayer Advocate, but I downloaded the form, DTF - 911 = Request for Assistance from the TaxpayerRights Advocate, completed the form and faxed it to the number provided, 518-435-8532. I have heard nothing, but am hopeful something might happen.



I also have a IRS Lien, from 2006 paid and released. Filled out the Form 12277 about two weeks ago, guess maybe I will hear this week from them???? From what I have read here and other places, the IRS might notify the CRA's about the WITHDRAWAL but it might take much effort on our part to MAKE them remove them from our CR's... And that, is it EXP, is a bitch to motivate...

Hey, oddly enough, I also have a NYS tax warrant from 1998 that is paid and satisfied. Can you briefly explain what you tried to do and who you eventually got to at the Taxation and Finance Department who "blew you off"...???


Thanks

Edited by winstars, 09 July 2011 - 07:17 PM.


#50 starbuc59

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Posted 12 July 2011 - 12:04 PM

First Post. Just thought I would post my results.

Had a IRS Lein since 2003. Released in 2008 but still on Equifax and Exp. Sent a letter the middle of May requesting a withdrawal. Sent to St. Louis as that is my area.

Got a call from Minnesota IRS office just to follow up. Was not sure how to do but understood what I was wanting. He sent me a copy of the withdrawal. I filed with the local courthouse.

I disputed with Equifax and Exp. So far, Experian has deleted. Waiting on Equifax.




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