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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22838
Experience:  Taxes, Immigration, Labor Relations
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I just got a phone call from some sort of "tax resolution"

Resolved Question:

I just got a phone call from some sort of "tax resolution" specialist/attorney; informing me that I had a tax lien filed against me last August.

I was unaware of this, and naturally she recommended that I pay her just under $3k to file a stay of enforcement. Naturally the filing doesn't cost $3k, but she said the remainder of the money is in a bank account to cover the rest of her fee's to resolve the tax issue.

When I filed my taxes last year (via HR Block: won't do that again), I was told to expect a refund. No wonder I've not received that refund.

Do I need an attorney to file a stay of enforcement? Or, can I call a tax attorney and simply have it filed, without paying a rather large chunk of money up front for a lien I'm not sure that actually exists.

Is it something I can file?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

Hi and welcome to Just Answer!
Several issues...
A federal tax lien is the government’s legal claim against your property when you neglect or fail to pay a tax debt. The lien protects the government’s interest in all your property, including real estate, personal property and financial assets.


A lien is not a levy. A lien secures the government’s interest in your property when you don’t pay your tax debt. A levy actually takes the property to pay the tax debt. If you don’t pay or make arrangements to settle your tax debt, the IRS can levy, seize and sell any type of real or personal property that you own or have an interest in.


In short - a lien is the IRS’s authorization to take your property, but the levy is the actual action of taking the property.
So in case of levy - you need to act quickly and file for a short stay of execution requesting a Collection Due Process Hearing. In case of lien - the might levy.
As you are not sure if either a lien or levy actually exists - but you might suspect it does - you need to contact the IRS and verify.

Customer:

Hi Lev!

LEV :

The best way would be to contact the IRS customer service number is XXXXX - please be prepared to wait.
Another option would be to order a tax account transcript

Customer:

Thanks for the response. I was told by this person from Insight Financial Solutions that the Georgia State Department of Revenue has filed a lien against me for almost $13k. It was not the IRS, and I was not aware that this was filed. She said it was filed on August 8th of last year.

Customer:

Does what you said about the IRS, still apply to the Georgia Department of Revenue?

LEV :

Yes - tax collection would be very similar. As you have a state tax lien - you may expect a federal tax lien as well (assuming you also owe to the IRS)

Customer:

I do not know that I do because when I filed last year, I was due a refund.

Customer:

from state and federal.

Customer:

In fact

Customer:

I went so far as having HR Block review and refile where necessary, five years worth of returns because the State of Georgia "lost" (their words, not mine) a lot of records.

Customer:

several years ago, they placed a lien on my for over $27k, and told me that I had not filed for a period of six years I think it was. Of course, I had my records, and I promptly submitted those records.

LEV :

Here is contact information of Georgia DOR - https://etax.dor.ga.gov/ptd/adm/contact.aspx
You need to contact and verify (1) the amount you owe (2) if there is a tax lien and when it was filed.

Customer:

I had HR Block do that review, explicitly to make sure that my tax records were clean and in good order. The levy "experience" was not pleasant

Customer:

got it.

LEV :

Here is contact information of Georgia DOR - https://etax.dor.ga.gov/ptd/adm/contact.aspx
You need to contact and verify (1) the amount you owe (2) if there is a tax lien and when it was filed.

LEV :

If you do have tax debt - you need to act - and the best option would be to get installment payment plan.

LEV :

Here is contact information of Georgia DOR - https://etax.dor.ga.gov/ptd/adm/contact.aspx
You need to contact and verify (1) the amount you owe (2) if there is a tax lien and when it was filed.

Customer:

Okay, so that's the advised opinion course of action. No need to file a stay of enforcement at this time then?

LEV :

Another question - how that company - Insight Financial Solution found out that you have a lien?
I would be very suspicious when someone is asking to pay upfront.

Customer:

I'd like to know the answer to that as well. She said that she was surprised other company's like hers were not already calling me. And asking for $3k up front was a bit off putting to say the least...


LEV :

If you only have a lien - most likely you do not need to file a stay of enforcement. But if there is a levy - you might want to do that.
So - your first step - to contact taxing authorities and clarify your situation.

Customer:

I do know, that several years ago, when the levy was filed, that obviously become public record. Which makes me wonder if this is a residual after effect of that issue. I know for a fact that issue is gone, I have the release from the Dept of Revenue.

Customer:

I'll reach out to the Dept of Rev on Monday. Sadly, I have conference calls the rest of the day.

Customer:

I appreciate the response.
Anything else I need to know before we finish?

LEV :

Both liens and levies might be public records and will also reflected on your credit report.
If that a lien against your home - it will be registered in your county and would be available to public - but I doubt that GA DOR would seize the house where you live.
So - you need more clarification on your situation.

Customer:

That's all I need to know right now?

LEV :

Yes - the first step - you need clarification. And will act based on that information.
I would not pay just based on the phone call.

Customer:

Got it. Good to go. Thank you.

LEV :

You are welcome.

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22838
Experience: Taxes, Immigration, Labor Relations
Lev and 2 other Tax Specialists are ready to help you

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