if i have purchased land from a family member with 2 other family memebers who are in good standing with the IRS, I owe the IRS can they still put a lien on the land?
Country relating to Question: United States
State (if USA): Oklahoma
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.In the case of property held in Joint Tenancy, the federal tax lien attaches to the taxpayer’s proportionate interest. As long as neither the owners, nor security holders (including the IRS) take any action to dispose of the property, the lien will remain a dormant right against the property and will not impede its use by the owners. In the event that the taxpayer against whom the lien is outstanding predeceases any of the other joint tenants, the lien ceases to attach to the property and the IRS is left holding the bag, Fecarotta v. United States, 154 F. Supp. 592 (D. Ariz. 1956). If the opposite happens, ie: the other joint tenants die before the taxpayer, the lien will attach to the entire property and the IRS will make out like a bandit – provided there is any equity in the property. [The one exception to the above is if the decedent joint tenant leaves a taxable estate which is not paid. At that point, a special 10 year federal estate tax lien arises and attaches to any interest the decedent/taxpayer had in jointly held property before his death. IRC §6324, Detroit Bank v. United States, 317 U.S. 329 (1943)]In the case of property held in Tenancy in Common, the dynamics are very similar to those of the jointly held property, except that the federal tax lien is not extinguished upon the death of the taxpayer. The heirs or legatees of the taxpayer take the property subject to the federal tax lien so that the executor or administrator of the estate is obligated to pay the IRS to the extent of the value of the lien in the property. In fact, the executor or administrator had better pay IRS the value of the lien since he may be help personally liable for non-payment of the tax under IRC §2204.
so in laymans terms if there are three of us who own the land and I am the one who owes the IRS, they can put a lien on my portion of the land?
Yes, but so long as it is not sold, they will not execute on the lien.
I am a member of an indian tribe here in oklahoma and they have a program where we would need to deed one acre over to them for them to build me a home, it would stay in their name while we pay it off. will that be able to be done?
That should not be a problem if the acre is deeded before the lien is placed.LawGuy41103.11795
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