Hello again ldmchale,
Although it is a generally accepted principle that the IRS has 10 years from the assessment
date to collect an old tax debt, in reality they have an extra 30 days beyond that point before they actually have to release the debt.
I am going to give you a couple of links below which you may or may not have already researched. One link is to IRC Code 6325 which specifically states:
"The Secretary shall issue a certificate of release of any lien imposed with respect to any internal revenue tax not later than 30 days after the day on which -
The Secretary finds that the liability for the amount assessed, together with all interest in respect thereof, has been fully satisfied or has become legally unenforceable."
The second link is to a publication from the IRS regarding the Guidelines for Notices of Federal Tax
Liens and Centralized Lien Processing. Please refer in particular to page 3, the section entitled "Self Releasing Liens" which states:
A lien usually releases automatically 10 years after a tax is assessed, if the statutory period for collection has not been extended and the IRS extended the effect of the lien by re-filing it. When a lien is self-released, the Notice of Federal Tax Lien itself is the release document.
The lien is considered self released if the:
· date for refiling has passed and
· IRS has not refiled the original Notice of Federal Tax Lien.
Taxpayers should check the column titled Last Day for Re-filing on the Notice of Federal Tax Lien to determine if the lien is self-released.
So in summary, the IRS only has 10 years (120 months) from the assessment date to collect a tax debt, but they have an additional 30 days beyond that point before they are obligated to actually release the lien. So your current tax lien should be released on 08/02/99, since the last refiling date was 7/2/99.
If this was helpful please press the Accept button. Positive feedback is also appreciated.