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Can the IRS Take Your House

Can the IRS Take Your House

If You Owe Back Taxes?

If you owe back taxes to the IRS, you may have wondered if the IRS can take your home.

The short answer is yes, the IRS can seize and sell a home to collect unpaid taxes, but strict protections apply to a primary residence, and several collection steps generally must happen first.

If after reading this blog you still have questions about resolving your tax debt and protecting your property contact Action Tax Relief at 937-268-2737 or visit www.ActionTaxRelief.com.

A Tax Lien Is Not the Same as Losing Your Home

One of the most important distinctions to understand is the difference between a federal tax lien and an IRS levy.

A federal tax lien is the government’s legal claim against your property when you have an unpaid tax debt. A levy, on the other hand, is an actual legal seizure of property to satisfy the debt.

If the IRS files a Notice of Federal Tax Lien, that does not mean someone is arriving tomorrow to take your house. However, the lien can create problems when you attempt to sell or refinance your property, and it is a warning that your tax problem needs attention.

Can the IRS Really Seize Your Home?

The IRS can seize real estate, including a home, under its collection authority. But your principal residence receives additional protection.

Before the IRS can seize your primary residence, it generally must obtain approval from a federal court. The government must also demonstrate that certain legal requirements have been satisfied, including consideration of reasonable alternatives for collecting the debt.

In most collection cases, the IRS must take several steps before levying property. Generally, the IRS will assess the tax, send you a bill, and give you an opportunity to pay or make arrangements. If the debt remains unresolved, the IRS will normally issue a Final Notice of Intent to Levy and inform you of your right to a hearing before proceeding with a levy.

That is why IRS notices should never be ignored.

What Happens If the IRS Seizes Property?

If the IRS does seize real estate, it can sell its interest in the property and apply the proceeds toward the tax debt.

Before a sale, the IRS calculates a minimum bid price and gives the taxpayer an opportunity to challenge its determination of the property’s fair market value. The IRS then provides notice of the sale and generally waits at least 10 days after public notice before conducting it. Sale proceeds are first used for seizure and sale costs and then applied toward the outstanding tax liability.

The good news is that many tax problems can be addressed long before reaching this stage.

What Can You Do If You Cannot Pay the IRS?

Not being able to pay your entire tax bill today does not mean you should ignore it.

Depending on your financial circumstances and the specifics of your tax debt, potential resolution strategies may include an installment agreement, an Offer in Compromise, or Currently Not Collectible status if paying the IRS would create financial hardship.

There may also be circumstances where penalties can be reduced, or other collection alternatives can be explored.

The right strategy depends on factors such as how much you owe, your income, expenses, assets, tax compliance, and the type and age of the tax debt.

Have You Received a Final Notice of Intent to Levy?

If you have received an IRS Final Notice of Intent to Levy or another serious collection notice, time may be especially important.

Taxpayers generally have the right to request a Collection Due Process hearing within a specific period after receiving certain levy notices. This can provide an opportunity to challenge the proposed collection action or discuss collection alternatives.

Waiting until the IRS has already levied a bank account, garnished wages, or begun pursuing other assets can make resolving the situation more difficult.

Don’t Wait Until Your Home Is at Risk

IRS tax debt rarely becomes easier by ignoring it. Penalties and interest can continue to accumulate, and unresolved accounts may progress further through the collection process.

If you owe back taxes or have received threatening IRS notices, contact Action Tax Relief at 937-268-2737or visit www.ActionTaxRelief.com. We’ll review your tax situation, help you understand what the IRS can and cannot do, and discuss the tax resolution options that may be available to you.

The sooner you address the problem, the more time you may have to protect your finances, your property, and your peace of mind.

What Happens to IRS Debt

What Happens to IRS Debt

If You Lose Your Job or Your Income Drops?

Losing your job or experiencing a major drop in income can make IRS tax debt even harder to manage.

Your debt does not disappear, but a change in income may affect the resolution options available. If you can no longer afford your IRS payment, you may be able to adjust your arrangement or temporarily delay certain collection actions.

If after reading this blog you need further help resolving your tax debt contact Action Tax Relief at 937268-2737 or visit www.ActionTaxRelief.com.

What If You Already Have an IRS Payment Plan?

If you are currently making payments through an IRS installment agreement and suddenly lose your job or experience a significant reduction in income, do not simply stop making payments without addressing the situation.

The IRS states that taxpayers whose ability to pay has changed may be able to have their monthly payment reduced to reflect their current financial condition. The IRS may ask for documentation showing the change in your finances.

Depending on your circumstances, you may need to provide information about your income, monthly expenses, assets, and other financial obligations.

The key is to address the problem before your existing agreement goes into default.

Could Your IRS Account Be Placed in Currently Not Collectible Status?

If your income has dropped so significantly that paying the IRS would prevent you from covering necessary living expenses, you may qualify for Currently Not Collectible, or CNC, status.

When the IRS determines that you cannot afford to make payments because of financial hardship, it can temporarily delay collection of the tax debt.

This does not eliminate what you owe. Penalties and interest may continue to accrue, and the IRS may periodically review your financial situation to determine whether your ability to pay has improved.

The IRS may also still file a Notice of Federal Tax Lien while an account is in Currently Not Collectible status. However, certain collection actions, such as levies, may be temporarily suspended while you remain unable to pay.

Could You Qualify for a Lower Monthly Payment?

Even if you can afford to pay something, the payment you were previously making may no longer be realistic.

In some situations, taxpayers may qualify for a revised installment agreement or another payment arrangement based on their current financial condition.

For certain agreements, the IRS may require a financial statement and supporting documentation. Your income, expenses, assets, and ability to pay can all be considered when determining an appropriate payment amount.

A major change in income can therefore make it worth reviewing your existing arrangement rather than continuing to struggle with a payment you can no longer afford.

Could an Offer in Compromise Be an Option?

A significant and lasting change in your finances may also affect whether you qualify for an Offer in Compromise.

An Offer in Compromise allows some qualifying taxpayers to settle their IRS tax debt for less than the full amount owed. The IRS considers factors including income, expenses, asset equity, and overall ability to pay when reviewing an offer.

Simply losing your job does not automatically mean the IRS will accept an Offer in Compromise. Your complete financial situation matters.

However, if your income has substantially declined and your ability to repay the tax debt has changed, it may be worth determining whether an offer or another resolution strategy is available.

Don’t Ignore IRS Notices Because You Cannot Pay

One of the biggest mistakes taxpayers make after losing income is avoiding IRS notices because they know they cannot afford to pay.

Ignoring the IRS does not make the debt disappear.

If the tax debt remains unresolved, penalties and interest can continue to increase, and collection actions may eventually include a federal tax lien or levy. The IRS offers payment plans and other collection alternatives, but taxpayers generally need to take action to request them.

Even if you cannot pay anything right now, there may still be steps you can take to address the account.

Your Tax Resolution Strategy May Need to Change

If your income has dropped, the IRS resolution that worked before may no longer fit your financial situation.

If you can no longer afford your IRS payments, call Action Tax Relief at 937-268-2737 visit www.ActionTaxRelief.com to schedule a free consultation today.

Don’t wait for the IRS problem to grow, take the first step toward resolving it today.