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26 USC 6325

26 U.S.C. 6325 is entitled “Release of lien or discharge of property.” It is part of Title 26, "Internal Revenue Code."

Table of Contents for this topic:

Text of statute

Related statutes and rules

  • 26 USC 6503 - Suspension of running of period of limitation

Publications

  • IRS Publication 783 - Instructions on How to Apply for a Certificate of Discharge of Property from the Federal Tax Lien (when requesting a partial release)
  • IRS Publication 784 - How to Prepare Application for Certificate of Subordination of Federal Tax Lien
  • IRS Publication 1024 - How to Prepare Application for Certificate of Nonattachment of Federal Tax Lien ( e.g., when the lien of a similarly named taxpayer clouds the title to the property of a third party)
  • IRS Publication 1450 - Certificate of Release of Federal Tax Lien (when the actual release is delayed)
  • Publication 1468 - Guidelines for Notices of Federal Tax Liens and Centralized Lien Processing (includes procedures for a requesting a balance due and a full lien release)

Cases

Commentary

Full release

Circumstances

Payment. 26 U.S.C. 6325(a)(1)

Legally unenforceable. 26 U.S.C. 6325(a)(1). "A lien usually releases automatically 10 years after a tax is assessed, if the statutory period for collection has not been extended and the IRS extended the effect of the lien by re-filing it. When a lien is self-released, the Notice of Federal Tax Lien itself is the release document." Publication 1468.

Bond posted. 26 U.S.C. 6325(a)(2)

_De minimus_ IRS interest in property. 26 U.S.C. 6325(b)(2)(B)

Procedure

  • Publication 1468 - Guidelines for Notices of Federal Tax Liens and Centralized Lien Processing (includes procedures for a requesting a balance due and a full lien release)

Partial release

Circumstances

Sufficient remaining assets. 26 U.S.C. 6325(b)(1) (double the amount of the liability)

Substitute lien in proceeds. 26 U.S.C. 6325(b)(3)

Payment of IRS interest in property. 26 U.S.C. 6325(b)(2)(A)

_De minimus_ IRS interest in property. 26 U.S.C. 6325(b)(2)(B)

Procedure

  • IRS Publication 783 - Instructions on How to Apply for a Certificate of Discharge of Property from the Federal Tax Lien (when requesting a partial release)

Subordination

Circumstances

  • 26 U.S.C. 632(d)

Procedure

  • IRS Publication 784 - How to Prepare Application for Certificate of Subordination of Federal Tax Lien

Practice pointers

If the IRS does not issue the release within 30 days then the taxpayer can request a Certificate of Release of Federal Tax Lien. IRS Publication 1450.

See also

External links

Footnotes

Topic revision: r10 - 03 Jul 2013, WikildBStaff5
 
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