By Ben Peeler, Leslie Spires
January 30, 2019
Tax lien notices can cause a lot of confusion, especially if they are unexpected. Consider the following situation: one day, you start receiving calls from different people asking if you’ve received notice of a tax lien filed against you or your business. You haven’t, and you’re unaware of owing back taxes. At first, you assume these calls are coming from scammers, but by the fifth or sixth call, you’re beginning to wonder what’s really going on.
This may not be something you’ve experienced, but others have, and you could in the future.
The IRS files thousands of tax liens, and not every recipient understands why. To help understand why this might happen, the following article discusses:
What Prompts These Calls?
The companies making these types of calls are typically tax resolution companies. The tax resolution industry started in the mid-1980s in Colorado and gained increasing traction in the 1990s. The industry has become increasingly saturated since then. These companies reach out to businesses and individuals whose public record indicates they have had a tax lien filed against them. Notices of public tax liens are filed by the IRS and state tax departments. These liens differ from a property tax lien; they are not focused on collecting delinquent property taxes, rather, they are issued to collect unpaid income taxes as well as penalties and interest for noncompliance, such as failure to file and pay taxes.
When a lien is filed by the IRS, whether by a revenue officer or by the Automated Collections System (ACS), it is filed with the secretary of state or with the county clerk or recorder’s office in the county where the business or individual is located. It is filed to secure the previously unsecured tax debt that the IRS intends to collect.
Tax resolution firms find these records in two ways:
Business owners and individuals aren’t always aware of IRS collection procedures, but they probably are aware of either not filing a return or a potential tax liability. If a return is not filed, or if another liability is discovered, the IRS typically reaches out to provide that information. If the taxpayer doesn’t respond to those prior communications, the IRS feels compelled to protect their rights to collect the tax due by filing a tax lien. In cases like these, it’s a good idea to find help. It is important to find someone who can not only negotiate with the IRS, but who also offers experience in tax compliance so that the underlying cause can be corrected.
Sometimes a lien is filed on taxes that were paid and filed on time. It is your responsibility, in this case, to provide the IRS with documentation to prove nothing is owed. The IRS will issue a retraction of tax lien or a lien release once they have satisfactory proof that there was an error on their end and that you are current and compliant.
Unfortunately, an unexpected lien can indicate identity theft or fraud. If you suspect identity theft is the cause of a tax lien, contact the IRS directly. The IRS takes identity theft seriously and works closely with taxpayers to reduce and resolve cases of identity theft. For more information, visit the IRS website.
Steps to Resolution
When it comes to resolving tax liens, first and foremost, verify that this tax lien pertains to you. You can ask the company representatives that are calling you to verify the name and address on the file they are using. You can also contact the secretary of state, the county clerk or recorder’s office to obtain a copy of the lien. If the lien was filed against a business or individual with a similar name, but the last 4 numbers of the Employer Identification Number (EIN) or the last four of the Social Security Number don’t match yours, the lien does not pertain to you. When the information on a lien matches your current or previous name, address, EIN or social security number, it is important to take steps to resolve the situation promptly. Whether these taxes are owed or not, the IRS believes they are and intends to collect them. You will want to:
Assistance is Available
Our IRS Dispute Resolution and Collections team is here to help. Our team consists of attorneys, CPAs and Enrolled Agents, many who have previously worked with the IRS. Their expertise in negotiating with the collections and appeals divisions and securing penalty abatement can help you get your tax filings and outstanding taxes in compliance. Contact your Eide Bailly professional or a member of our IRS Dispute Resolution and Collections team for assistance.