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Tax lein questions

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It’s been awhile since I’ve been here but I’m back working on my CR’s again. I have a question regarding a three of tax liens. I have one state and two federal liens I’m dealing with. The state lien is simple, it is on Equifax only and the release was dated on 1999 and I have the release so I’m going to send a copy to Equifax which should get it removed from my CR.

Now the other two is where I need the help and advice. The other two are both federal liens, both are listed on all three of my CR’s; both liens were filed in 2006. I have the documents showing the release of both liens. Lien 1 was released on 12/14/2010 and all three CR’s show that release date so my first question is, will it be 7 years from the 2010 date before it will be removed from my CR?

Now for lien number 2 I have two release documents showing that it has been released but all three of the CR’s show it is still an active lien with no release date. Now here’s where the tricky part comes in. I received document one from the IRS on 12/14/2010 and in the space where the other documents show the lien release dates, here is an example “*Lien Released* 12/14/2010”. This one says **Self-released**, with no date on it now. For the next question is what does self-released mean? The second question on this document is what is the date I use to count out the 7 years to have it removed from my report? The only date I have found is the lien recorded date of 2/7/2006, the date it was faxed to me which is 12/14/2010 and the last date is on the bottom that states “This notice was prepared and executed at Seattle, WA on this, the 20th day of January 2006. So which date do I use? Now the second document I received was because I had couldn’t find the first one and called the IRS and they mailed me the new document (then I found the first one). It is a document titled Certificated of release of Federal Tax Lien and it gave the date of when the lien was filed and a statement as followed “This notice was prepared and signed at Seattle, WA, on this, the 28th day of Feb, 2012.

My plan is (unless someone has a better idea of what I should do) send a copy of the last document I talked about to my daughter still lives in Portland OR and she is going to take it to the county recorder’s office and have it recorded to actually show that it is in fact released. I then plan to send a certified copy to all three CRA to they can record that it is in fact released. So the big question is what date should I work to have the CRA display as my release date? And again is it 7 years from the release date until its removed to my CR’s?

I really enjoy spending time on this forum as everyone is so helpful and the answers are so great. I really can’t believe the amount of knowledge that is on this forum. That’s why I keep come back. Thanks in advance of all your help.

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so my first question is, will it be 7 years from the 2010 date before it will be removed from my CR?

the answer to this question is yes.

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It’s been awhile since I’ve been here but I’m back working on my CR’s again. I have a question regarding a three of tax liens. I have one state and two federal liens I’m dealing with. The state lien is simple, it is on Equifax only and the release was dated on 1999 and I have the release so I’m going to send a copy to Equifax which should get it removed from my CR.

Now the other two is where I need the help and advice. The other two are both federal liens, both are listed on all three of my CR’s; both liens were filed in 2006. I have the documents showing the release of both liens. Lien 1 was released on 12/14/2010 and all three CR’s show that release date so my first question is, will it be 7 years from the 2010 date before it will be removed from my CR?

Now for lien number 2 I have two release documents showing that it has been released but all three of the CR’s show it is still an active lien with no release date. Now here’s where the tricky part comes in. I received document one from the IRS on 12/14/2010 and in the space where the other documents show the lien release dates, here is an example “*Lien Released* 12/14/2010”. This one says **Self-released**, with no date on it now. For the next question is what does self-released mean? The second question on this document is what is the date I use to count out the 7 years to have it removed from my report? The only date I have found is the lien recorded date of 2/7/2006, the date it was faxed to me which is 12/14/2010 and the last date is on the bottom that states “This notice was prepared and executed at Seattle, WA on this, the 20th day of January 2006. So which date do I use? Now the second document I received was because I had couldn’t find the first one and called the IRS and they mailed me the new document (then I found the first one). It is a document titled Certificated of release of Federal Tax Lien and it gave the date of when the lien was filed and a statement as followed “This notice was prepared and signed at Seattle, WA, on this, the 28th day of Feb, 2012.

My plan is (unless someone has a better idea of what I should do) send a copy of the last document I talked about to my daughter still lives in Portland OR and she is going to take it to the county recorder’s office and have it recorded to actually show that it is in fact released. I then plan to send a certified copy to all three CRA to they can record that it is in fact released. So the big question is what date should I work to have the CRA display as my release date? And again is it 7 years from the release date until its removed to my CR’s?

I really enjoy spending time on this forum as everyone is so helpful and the answers are so great. I really can’t believe the amount of knowledge that is on this forum. That’s why I keep come back. Thanks in advance of all your help.

negative, they will not delete,,,they will just change the status to released.

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Sorry i missed that,,,if its over 7 they need to delete.....make sure they say paid on your cr,,,,unpaid tax liens stay on for 15 years. If you have docs to prove it them send them with a dispute letter and ask them to remove them.

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Send the proof you have on the fed liens. Tell the cra's to update it to released...that is about all they will do if they have been released.

7 years from the date of release.

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I had 3 liens filed and just had one released at the end of October. I read that effective February 2011, the IRS has made it easier to have them withdrawn. I don't know if anybody has tried that and whether it worked or not. I am going to request that they withdraw the one that they released and then it can be sent to the credit bureaus for removal.

All they can say is no.

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A Notice of Federal Tax Lien that has been “released” by the IRS stays on your credit report for an additional seven years from the date of “release.” A Notice of Federal Tax Lien that has been “withdrawn” by the IRS is immediately removed from your credit report.

To make your request to have the IRS “withdraw” the Notice of Federal Tax Lien, you must complete Form 1227 “Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien”. After your request has been approved, the IRS will issue Form 10916© “Withdrawal of Filed Notice of Federal Tax Lien.”

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A Notice of Federal Tax Lien that has been “released” by the IRS stays on your credit report for an additional seven years from the date of “release.” A Notice of Federal Tax Lien that has been “withdrawn” by the IRS is immediately removed from your credit report.

To make your request to have the IRS “withdraw” the Notice of Federal Tax Lien, you must complete Form 1227 “Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien”. After your request has been approved, the IRS will issue Form 10916© “Withdrawal of Filed Notice of Federal Tax Lien.”

I just realized after looking at the release that those amounts are still owed. Only one of the years can be refiled. Here is my question, I am still on an installment agreement for those listed years. Can they collect if it is over the 10 years? Do they still have to be paid? I tried to search on the internet but I still don't understand.

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The installment agreement may have provided a waiver, but not clear. If not the lien may be noncollectable after 10 years!

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I just realized after looking at the release that those amounts are still owed. Only one of the years can be refiled. Here is my question, I am still on an installment agreement for those listed years. Can they collect if it is over the 10 years? Do they still have to be paid? I tried to search on the internet but I still don't understand.

Unlike consumer debt, where SOL is measured from the date of last payment, the CSED (Collection Statute Expiration Date) on Federal Taxes is 10 years from the date of Assessment and payments made do not extend that. In addition, IRS only has forms for the extension of Assessment SOL Dates (which are 3 years from the later of the due date or actual filing date), not CSED. The IRS Installment Agreement does not have a waiver for CSED because one cannot waive rights granted by law.

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Sorry but I am not comprehending. I need to know if I still need to pay it eventhough it is beyond the 10 years. I am paying on additional years which are sti within the 10 years and all included in the Installment Agreement.

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Unlike consumer debt, where SOL is measured from the date of last payment, the CSED (Collection Statute Expiration Date) on Federal Taxes is 10 years from the date of Assessment and payments made do not extend that. In addition, IRS only has forms for the extension of Assessment SOL Dates (which are 3 years from the later of the due date or actual filing date), not CSED. The IRS Installment Agreement does not have a waiver for CSED because one cannot waive rights granted by law.

I agree other than in about 10 states (including my AZ but don't know in CA) the date of last payment does not figure in the SOL only when default occurred. Later partial payments do not extend the SOL in these states is my understanding.

But to the OP - It looks like do not owe if 10 year beyond the assessment date. Also since about 1999 IRS is not insisting on SOL waivers. So it seems IRS can have a lien that can not be enforced but still have to apply to get it released.

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The IRS will formally withdraw a tax lien if, and only if, the taxpayer pays it in full or enters into an installment program that will eventually result in full payment. Once this has been accomplished the taxpayer must request that a withdrawal be filed, which can be done using IRS Form 12277 (Application for Withdrawal of Filed Form 668(y), Notice of Federal Tax Lien). The response you will get from the IRS will come via IRS form 10916© (Withdrawal of Filed Notice of Federal Tax Lien.)

The Consumer Data Industry Association (CDIA), which is the trade association of the credit reporting agencies, has gone on record and confirmed that all three of the major credit reporting agencies (Equifax, Experian and TransUnion) will remove IRS tax liens that have been withdrawn. Consumers can facilitate the removal of the tax lien from their credit reports by contacting the credit reporting agencies, disputing the lien, and providing a copy of the withdrawal form. Once the credit reporting agencies confirm withdrawal, they will delete the lien from your credit reports.

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The IRS will formally withdraw a tax lien if, and only if, the taxpayer pays it in full or enters into an installment program that will eventually result in full payment. Once this has been accomplished the taxpayer must request that a withdrawal be filed, which can be done using IRS Form 12277 (Application for Withdrawal of Filed Form 668(y), Notice of Federal Tax Lien). The response you will get from the IRS will come via IRS form 10916© (Withdrawal of Filed Notice of Federal Tax Lien.)

The Consumer Data Industry Association (CDIA), which is the trade association of the credit reporting agencies, has gone on record and confirmed that all three of the major credit reporting agencies (Equifax, Experian and TransUnion) will remove IRS tax liens that have been withdrawn. Consumers can facilitate the removal of the tax lien from their credit reports by contacting the credit reporting agencies, disputing the lien, and providing a copy of the withdrawal form. Once the credit reporting agencies confirm withdrawal, they will delete the lien from your credit reports.

Will they withdraw on one that has been released due to the 10 years passing?

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If the 10 years has passed dispute it with the Credit Reporting Agencies as being past the ten years. Do not dispute it any other way, if you do a regular dispute it could trigger the IRS to open the claim again.

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