Imagine this hypothetical scenario. You find out that a part of your room is being attacked by termites, so you decide to buy pest control because only a small area is damaged. A few weeks later, you find out that the built-in wooden cabinet connected to the next room has also been damaged even though you thought you had successfully mitigated the pests. Ultimately, you decided to seek a termite control service and asked that all the places in your house be checked. Soon after, you never had the same problem again.
A Withdrawal of the Notice of Federal Tax Lien (NFTL) from the IRS is like the earlier scenario when you tried to mitigate the pest in only a certain area of your property. When we talk about tax liens, getting a withdrawal just takes out the effect of the lien on particular properties, but on the other hand, a Certificate of Release, just like the termite control service, completely exterminates the entire problem.
Conditions For NFTL Withdrawal
If you have yet to repay your tax liability, you may be able to have your tax lien withdrawn provided any of the following applies:
- Premature filing of the tax lien or the agency failed to observe proper procedures
- You signed an installment agreement to address the tax liability, but the agreement did not indicate that a lien was to be filed
- If withdrawing the tax lien will facilitate collection of the tax liability
- If it is in the best interest of the taxpayer and the federal government to withdraw the notice, given that the Taxpayer Advocate Service has permitted it.
Procedure for NFTL Withdrawal
The first step to take in requesting a notice of tax lien withdrawal, provided that you qualify for any of the conditions above, is to submit a written request to the office where your case is designated. (Better yet, have your tax lawyer take care of the written request.) The letter must include your name, address, and tax identification number, together with the notice of federal tax lien copy you are hoping to have withdrawn.
Give an explanation of the premises on which the notice withdrawal is requested. Also provide the names and addresses of credit reporting agencies and institutions that you wish to be notified of the withdrawal.
Form 12277
Instead of a written request in the manner described above, taxpayers can also use Form 12277 Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien to submit a written request. Use of the form is safer than a general written request as it ensures that the necessary information is conveyed to the IRS.
Small Businesses and Self-Employed
Meanwhile, for small businesses and self-employed individuals, the IRS division attending to your case follows an internal rule when the withdrawal of notice is being processed after the release of the lien. These procedures are applicable if you were able to pay the liability in full or comply with the terms in an Offer In Compromise, such as collateral deals.
Credit Reporting
Keep this in mind: credit reporting institutions and agencies would rather have a withdrawn notice than a released one. This is because any trace of the tax lien will be removed from your file, unlike in notice releases where references to the tax lien will remain for a period of seven years.
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