Fed & ST tax lien from mid 1990's

Discussion in 'Credit Talk' started by gssharp, Aug 29, 2007.

  1. gssharp

    gssharp New Member

    Hi,I'm a newbie here. I have done a lot of reading and found I have a lot of problems to fix. The mos pressing ones seem to be 3 entries for 2 State tax liens and 1 federal tax lien. Both state liens were satisfied in the mid 90's (over 10 years ago) yet they still appear on my report. The federal lien was assessed on 02/96 and has not been paid as I have held that they were not mine (penalties for corp that I owned ). They did get a few bucks from me early on and took any tax refund I had up until 2005. The Lien states that it shall operate as a certificate of release on the day after 03/14/06. What do I do?
     
  2. bizwiz41

    bizwiz41 Well-Known Member

    I can't speak to the state liens, though I will "assume" satisfied means "paid". So, they both should be "Released", and if it is over ten years, they should have fallen off your credit reports. You should dispute these as "Past Statute of Limitation" for reporting.

    As for the Federal Tax Lien it should have become a "Release" as of the stated date. However, this must be pursued, and you must petition for it to be filed as a "Release of Federal Tax Lien". I would have to look up the address to contact, but it is available on the IRS website under a search of Federal Tax Liens.

    The Federal Tax Lien will continue to report on your credit reports, though it should report as a "Released Tax Lien". Federal Tax Liens report for seven years from date paid off.

    You should definitely dispute the tradeline (for Fed Tax Lien) to the credit reporting agencies, if it does not report as "Released". You may have some luck and they could delete.
     
  3. gssharp

    gssharp New Member

    Thanks for the information, I will check out the IRS site and purue a release from them. I had already disputed all three of the liens on my experian report, the two state liens as been paid more than 10 years ago, the federal lien as being past the SOL. Of course, this takes "forever" so I don'tknow when to expect an answer.
     
  4. appylon

    appylon Banned

    Just curious what was the date the IRS assessed the tax?
     
  5. bizwiz41

    bizwiz41 Well-Known Member

    The results from any dispute should be complete within 30 days, plus any mail time. The longer you don't hear anything, usually the "better" (i.e. cannot verify, or has not verified).

    If you disputed based upon credit reports pulled from your annual free reports, the CRAs have up to 45 days to complete the investigation, plus mail time to forward results.
     
  6. bizwiz41

    bizwiz41 Well-Known Member

    IRS website Release info & form

    Here is the excerpt from the IRS website:

    "Releasing a Lien
    We will issue a Release of the Notice of Federal Tax Lien:

    Within 30 days after you satisfy the tax due (including interest and other additions) by paying the debt or by having it adjusted, or
    Within 30 days after we accept a bond that you submit, guaranteeing payment of the debt.
    In addition, you must pay all fees that a state or other jurisdiction charges to file and release the lien. These fees will be added to the amount you owe. Refer to Publication 1450 (PDF), Request for Release of Federal Tax Lien.

    Usually 10 years after a tax is assessed, a lien releases automatically if we have not filed it again. If we knowingly or negligently do not release a Notice of Federal Tax Lien when it should be released, you may sue the federal government, but not IRS employees, for damages."

    Here is the link to the instructions for requesting release:

    http://www.irs.gov/pub/irs-pdf/p1450.pdf
     
  7. appylon

    appylon Banned

    The 10 year sol can be up to 13 years it depends on the assessment date.
     
  8. bizwiz41

    bizwiz41 Well-Known Member

    Actually, it can be more than 13 years, the ten years is really from the date lien is placed or registered. This can be more than 3 years from date tax was originally due or assessed.
     
  9. appylon

    appylon Banned

    The 10 year sol is from the date it was assessed. The IRS has up to 3 years from the date the return was filed to audit/assess any tax owed. Unless you agree to toll the sol they have a max of 13 years.
     
  10. bizwiz41

    bizwiz41 Well-Known Member

    There are other situations where it can be more than three years, i.e., not filing a federal tax return, gross understatement of income, etc.
     
  11. appylon

    appylon Banned


    The sol never starts if you don't file a return or you commit fraud.
    Understating income on a return gives the IRS 3 years from the date it was
    filed to assess any more tax.
     
  12. gssharp

    gssharp New Member

    So sorry, I have been off line a couple days. The assessment date was 02/96 and the last day for refiling was 03/06. The assessment is for penalties for unpaid corporate ssi and w/h taxes.
     
  13. bizwiz41

    bizwiz41 Well-Known Member

    Then you should file for a request of "Release of Federal Tax Lien", just pull up your public records to ensure it was not refiled.

    You never signed off an extension to the assessment did you?
     
  14. gssharp

    gssharp New Member

    I have been to the county already, have copies of everything on file, and nothing any later than the 1996 filing. Thanks everyone for all of your input.
     
  15. bizwiz41

    bizwiz41 Well-Known Member

    Understand that even with a "Release" processed, your credit reports will still show the "Released Federal Tax Lien".
     

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