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I have a federal tax lien filed in 2015. The date of

assessment is 2008 and other...
I have a federal tax lien filed in 2015. The date of assessment is 2008 and other is 2009. I have read that each will be zeroed after 10 years and lien satisfied. Will IRS satisfy both in 2018 or wait until 2019 or satisfy each individually?
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Customer reply replied 7 months ago
The tax lien is for 2 separate years of tax returns not filed.
Answered in 12 minutes by:
1/16/2018
Fred Rook
Fred Rook, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 168
Experience: 20+ years as a Certified Public Accountant, including 19 years working in public accounting firms with extensive tax, audit, write-up and consulting experience.
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Hello, my name is ***** ***** I can help you. Yes, the IRS has 10 years to collect the tax deficiency. Before the end of the 10 year period, the IRS can take the taxpayer to federal court and obtain a judgement for the unpaid taxes. It is possible, although rare, for the IRS to record the judgement effectively as a new tax lien for successive 10-year periods. Each lien is a separate entity, so the liens will expire in 2018 and 2019, consecutively. Please let me know if this addresses your question.

Regards,

Fred

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Customer reply replied 7 months ago
There is one lien filed for 2 tax periods. not 2 separate lien forms. so will the 2018 release happen and then 2019?
Customer reply replied 7 months ago
what are the circumstances that irs would take the taxpayer to federal court and obtain a judgement
Customer reply replied 7 months ago
if irs got a judgement, what affect will bankruptcy have on that judgement?

Ah, didn't realize one lien filed. 10 years from the date lien is filed so the two periods will expire together.

Generally my understanding is that while the IRS can convert your tax debt into a civil judgment by suing you, this is rare and usually only happens if a taxpayer intentionally hostile or uncooperative with the IRS.

Regarding bankruptcy, you can discharge tax debts only if ALL of the following is true...

1) The taxes are income taxes

2) No fraud or willful evasion

3) The debt is at least three years old

4) A tax return has been filed

5) 240 day rule - The income tax debt must have been assessed by the IRS at least 240 days before you file your bankruptcy petition.

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Customer reply replied 7 months ago
one was assessed in 2008 and one in 2009
Customer reply replied 7 months ago
are you saying lien wont expire until 2025
Customer reply replied 7 months ago
here is the info

Date of assessment, so one will expire 7/2018, and the other will expire 3/2019

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Customer reply replied 7 months ago
what did you mean when you said, "10 years from the date lien is filed."

The liens were filed on 7/2008 and 3/2009 per the attachment you sent.

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Customer reply replied 7 months ago
the lien was file 2015, assessed 2008 and 2009 respectively

Everything I have understood and read says the date of assessment. The CSED (Collection Statute Expiration Date) starts with the assessment.

Fred Rook
Fred Rook, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 168
Experience: 20+ years as a Certified Public Accountant, including 19 years working in public accounting firms with extensive tax, audit, write-up and consulting experience.
Verified
Fred Rook and 87 other Tax Specialists are ready to help you
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Customer reply replied 7 months ago
Thank you

My pleasure. Good luck!

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