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Chad CFP ®
Chad CFP ®, CERTIFIED FINANCIAL PLANNER TM, Professional
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Can a person have an irs lien removed of a property using

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Can a person have an irs lien removed of a property using bankruptcy

Hello my name is ***** ***** I will assist you today.

Once a tax lien is filed the IRS generally cannot release it until the taxes are paid in full or until the government may no longer collect the tax.

Income tax debt that may be forgiven in bankruptcy must meet the following criteria

  1. The tax debt must be related to a return that was due at least three years before the tax payer filed for bankruptcy
  2. The tax return must have been filed at least two years ago
  3. The tax assessment mus be at least 240 days old.

The tax payer cannot be guilty of tax evasion, and the tax return cannot be fraudulent or frivolous.

I have placed a link below to IRS Form 1227 Application for Withdrawal of Filed Form 668(Y)

https://www.irs.gov/pub/irs-pdf/f12277.pdf

Please see question 11. 1. "Reason for requesting withdrawal of the filed Notice of Federal Tax Lien ("x" appropriate box(es)"

Please also review "Understanding a Federal Tax Lien," which I have linked below.

https://www.irs.gov/businesses/small-businesses-self-employed/understanding-a-federal-tax-lien#Rid

Help Resources

Centralized Lien Operation — To resolve basic and routine lien issues: verify a lien, request lien payoff amount, or release a lien, call(###) ###-####or fax(###) ###-####

Collection Advisory Group — For all complex lien issues, including discharge, subordination, subornation or withdrawal; find contact information for your local advisory office in Publication 4235, Collection Advisory Group Addresses

Office of Appeals — Under certain circumstances you may be able to appeal the filing of a Notice of Federal Tax Lien. For more information, see Publication 1660, Collection Appeal Rights

Taxpayer Advocate Service — For assistance and guidance from an independent organization within IRS, call(###) ###-####

I wish you the best of luck! Please let me know if you have any follow up questions and I will do the best I can to answer them

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Customer: replied 28 days ago.
I meet all the requirements when I file bankruptcy I want the lien removed from my property it doesn’t seem fair that even if the government says I don’t owe it after the bankruptcy that the lien stays. Please clarify this. Thanks

To start the process you must complete:

IRS Form 1227 Application for Withdrawal of Filed Form 668(Y)

https://www.irs.gov/pub/irs-pdf/f12277.pdf

"12. Explain the basis for the withdrawal request (attach additional sheets and other documentation that substantiates your request, as needed) "

The IRS does not automatically remove a lien. You will have to provide the IRS with further information and complete the documents they request.

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