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Excerpt From Internet Retfenue Code
<br />Sec. 6321. Lien For Taxes,
<br />If at person Usble to pay any tax festal or refuses to
<br />Pay the sane after demand. the amount (including any Inter-
<br />eat add)ttefrf amount, ideation to tn. or assemble penalty,
<br />"On, with any top art may accrue in addipon thendo)
<br />shall be a fpn In low of the IMned stem upon all property
<br />end rlghp to YreOerty. RIWO rat or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />Unless another data is specifically fixed by law, the hen
<br />I1lgaed by action 6921 shall arise at the time the assessment
<br />Is Its and shall continue until the liability for the amount so
<br />-. , (or A )udamam against the taxpayer arising out of
<br />such liability) is satisfied or becomes unenforceable by reason
<br />of Lipp of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Pursues, Holden Of Sscuriffr in-
<br />, fl adwitic's Limits, And Judgment
<br />Lien Ceredifofa. — The Ifen MPosed by section 6121 shall
<br />not be valid as against any Purchaser, holder of a security
<br />Interest, mechanics Ifenor, or judgment lien creditor until notice
<br />thereof which mats the requirements of subsection If) has
<br />been filed by the Secretary.
<br />m Place for Filing Notice; Form. —
<br />(t) Place For Filing The notice referred to in sub
<br />section (a) shall be tried
<br />W Under State Laws
<br />(i) Real Property - In the case of repi property, in ore
<br />officewithin the State for the county, or othergovarnm nta
<br />subdivision), as designated by the laws Of sucn State !n
<br />which the property subject -o Ire lien -s . jafed; and
<br />(ii) Personal Property - In the case of persondi
<br />property, w ;nether tangible or 1tang,tie. m one atfice
<br />within me State (or the county, or other governors If:
<br />subdivision), as designated by Ine laws of such Stale.
<br />in which the property subiect to the hen ,s srtua!ed
<br />or
<br />(B) With Clark Of District Co,tj - .n in,
<br />the United States disu'dt court for In--
<br />the property suolect to hen is squared w
<br />notbylawdeslgoatedone office ear. ;a -nee ,
<br />subparagraph (A,, or - yJ
<br />(c) With Recorder Of Deeds 01 7 ne D s1 -
<br />the office Pf the Recorder of Deeds of the L , Gr..
<br />the proper y
<br />Columbia. -
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<br />12) Sltus Of Property SubiM To Lien - For purposes of
<br />paragraphs (1) and (4), property spelt be deemed to be situated -
<br />(A) Rat hopmy • In the case of real property, at 1%
<br />physical location; or
<br />(S) Personal Property - in fhe cw of pereerel pro".
<br />whether tagible or Intarglas, at the residence of fit
<br />3"t 1" IN Vfm the 111011108 Of lien Is filed.
<br />For purpose of 110119"0 (2) W. the ireali of a corporation
<br />or partnership shall be deal to be the place at which the
<br />p *I"l executive office of the business is lacapd, and the
<br />residence of a taxpayer whoa residence is without the United
<br />Stain shall be deemed to be In the District of Columbia.
<br />(3) Form - The form and content of the notice
<br />rehired to in subsection la) shall be prescribed by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />other provision of law regardmif the form or content of a
<br />notice of lien.
<br />Note: See section 6323(b) for protection for
<br />certain interests even though notice of lien
<br />imposed by section 6321 is filed with respect
<br />to:
<br />I. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased at retail
<br />4. Personal property Purchased in casual sale
<br />5. Personal property subjected to possessory lien
<br />6. Real property tax and special assessment liens
<br />Residential property subject td A mechanic's
<br />lien for certain repairs and improvements
<br />8. Utornti liens
<br />4. Certain insurance contracts
<br />!0 Passbookloans
<br />ig) Raffling Of Notice. — For Purposes of this
<br />section
<br />(tI General Rule. — Unless notice of hers feliled in
<br />manner Prescribed n Daragrapt. ,2' Coring re required
<br />reh:mg peiod. such rol ;ce of an shah be treated as filed on the
<br />Cate an which it is Iced .tc accordance witn subsection rtl! after
<br />The expiration of such refiling period
<br />2, Place For Filing 1,1, e 31 - 1 ref,Ied
<br />-rg the requite P Doi pp shad Do 29eCDVe Mai,
<br />,r ;�nhse ]- tie, was Bled arse
<br />.... Inc ca =_e or real fa,.t 11
<br />w .r;i: 3f .ore e care
<br />)Y
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<br />Secretary received written Information (in the manner
<br />Preaeribed In regulations issued by the Secretary)
<br />concerning a charge in Use budget residence. If a notice
<br />of such Ilea Is oho filed in accordance with subsection (0 M
<br />the State In which such ralsel ca is Iaateo.
<br />(3) hilufrad Reign Parted — in the case
<br />of any notice of Us". the term "required rsftihg period,, mans -
<br />(A) the oa•yar period ending 30 days after the expiration
<br />of 6 years attar the date of the asesaettwlst 01 the tax. and
<br />(B) the one -year period ending with the expiration of6yars
<br />after the clop of the preceding rebuffed raffling period for
<br />such notice of If".
<br />Sec. 6325. Release Of Lien Or
<br />�
<br />y�� Discharge Of Property.
<br />ter) Release Of Lien, — Subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />issue a certificate of release of any lien imposed wfth respect to
<br />any internal revenue tax not later than 30 days after the day on
<br />which -
<br />0) Liability Satisfied or Unenforceable - The Secretary
<br />finds that the liability for the amount assessed. together with all
<br />interest in respect thereof, has been fully satisfied or bas
<br />become legally unenforceable; or
<br />(2) Bond Accepted. There is furnished to the Secretary and
<br />accepted by him a bone that is conditioned upon the payment of
<br />the amount assessed, together with ali interest in respect
<br />thereof. within the lime prescribed by law ((including any
<br />extension of such time;, and that is in accordance with such
<br />requirements relating to terms, conditions, and form of the bond
<br />and sureties thereon, as maybe specified by such regulations.
<br />Sec. 6103. Confidentiality and Dis-
<br />closure of Returns and Return In-
<br />formation.
<br />(k) Disclosure of Certain Returns and
<br />Return Information For Tax Administration
<br />Purposes, —
<br />(21 Disclosure oi am nr of a_ t ; l,en. - a nonce o'
<br />;ten has per ' ;et, o -use, . ; -s1 Fs";? me Tcon! of lire
<br />JuISi� � ;yal
<br />any p _or r:._ lurnilill, sni!zfac wat .�.
<br />nos a I-gn1 e.the orooe-ty suplee. o .. �:e ;, pr :nterds m
<br />ontarr a n(, ^' , suers props C;
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<br />Excerpt From Internet Retfenue Code
<br />Sec. 6321. Lien For Taxes,
<br />If at person Usble to pay any tax festal or refuses to
<br />Pay the sane after demand. the amount (including any Inter-
<br />eat add)ttefrf amount, ideation to tn. or assemble penalty,
<br />"On, with any top art may accrue in addipon thendo)
<br />shall be a fpn In low of the IMned stem upon all property
<br />end rlghp to YreOerty. RIWO rat or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />Unless another data is specifically fixed by law, the hen
<br />I1lgaed by action 6921 shall arise at the time the assessment
<br />Is Its and shall continue until the liability for the amount so
<br />-. , (or A )udamam against the taxpayer arising out of
<br />such liability) is satisfied or becomes unenforceable by reason
<br />of Lipp of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Pursues, Holden Of Sscuriffr in-
<br />, fl adwitic's Limits, And Judgment
<br />Lien Ceredifofa. — The Ifen MPosed by section 6121 shall
<br />not be valid as against any Purchaser, holder of a security
<br />Interest, mechanics Ifenor, or judgment lien creditor until notice
<br />thereof which mats the requirements of subsection If) has
<br />been filed by the Secretary.
<br />m Place for Filing Notice; Form. —
<br />(t) Place For Filing The notice referred to in sub
<br />section (a) shall be tried
<br />W Under State Laws
<br />(i) Real Property - In the case of repi property, in ore
<br />officewithin the State for the county, or othergovarnm nta
<br />subdivision), as designated by the laws Of sucn State !n
<br />which the property subject -o Ire lien -s . jafed; and
<br />(ii) Personal Property - In the case of persondi
<br />property, w ;nether tangible or 1tang,tie. m one atfice
<br />within me State (or the county, or other governors If:
<br />subdivision), as designated by Ine laws of such Stale.
<br />in which the property subiect to the hen ,s srtua!ed
<br />or
<br />(B) With Clark Of District Co,tj - .n in,
<br />the United States disu'dt court for In--
<br />the property suolect to hen is squared w
<br />notbylawdeslgoatedone office ear. ;a -nee ,
<br />subparagraph (A,, or - yJ
<br />(c) With Recorder Of Deeds 01 7 ne D s1 -
<br />the office Pf the Recorder of Deeds of the L , Gr..
<br />the proper y
<br />Columbia. -
<br />r
<br />S
<br />3 �
<br />i•,
<br />rt_
<br />O
<br />ft
<br />easel
<br />to
<br />X
<br />,rg. ^?0f
<br />r
<br />I�
<br />J
<br />12) Sltus Of Property SubiM To Lien - For purposes of
<br />paragraphs (1) and (4), property spelt be deemed to be situated -
<br />(A) Rat hopmy • In the case of real property, at 1%
<br />physical location; or
<br />(S) Personal Property - in fhe cw of pereerel pro".
<br />whether tagible or Intarglas, at the residence of fit
<br />3"t 1" IN Vfm the 111011108 Of lien Is filed.
<br />For purpose of 110119"0 (2) W. the ireali of a corporation
<br />or partnership shall be deal to be the place at which the
<br />p *I"l executive office of the business is lacapd, and the
<br />residence of a taxpayer whoa residence is without the United
<br />Stain shall be deemed to be In the District of Columbia.
<br />(3) Form - The form and content of the notice
<br />rehired to in subsection la) shall be prescribed by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />other provision of law regardmif the form or content of a
<br />notice of lien.
<br />Note: See section 6323(b) for protection for
<br />certain interests even though notice of lien
<br />imposed by section 6321 is filed with respect
<br />to:
<br />I. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased at retail
<br />4. Personal property Purchased in casual sale
<br />5. Personal property subjected to possessory lien
<br />6. Real property tax and special assessment liens
<br />Residential property subject td A mechanic's
<br />lien for certain repairs and improvements
<br />8. Utornti liens
<br />4. Certain insurance contracts
<br />!0 Passbookloans
<br />ig) Raffling Of Notice. — For Purposes of this
<br />section
<br />(tI General Rule. — Unless notice of hers feliled in
<br />manner Prescribed n Daragrapt. ,2' Coring re required
<br />reh:mg peiod. such rol ;ce of an shah be treated as filed on the
<br />Cate an which it is Iced .tc accordance witn subsection rtl! after
<br />The expiration of such refiling period
<br />2, Place For Filing 1,1, e 31 - 1 ref,Ied
<br />-rg the requite P Doi pp shad Do 29eCDVe Mai,
<br />,r ;�nhse ]- tie, was Bled arse
<br />.... Inc ca =_e or real fa,.t 11
<br />w .r;i: 3f .ore e care
<br />)Y
<br />Z
<br />O
<br />Secretary received written Information (in the manner
<br />Preaeribed In regulations issued by the Secretary)
<br />concerning a charge in Use budget residence. If a notice
<br />of such Ilea Is oho filed in accordance with subsection (0 M
<br />the State In which such ralsel ca is Iaateo.
<br />(3) hilufrad Reign Parted — in the case
<br />of any notice of Us". the term "required rsftihg period,, mans -
<br />(A) the oa•yar period ending 30 days after the expiration
<br />of 6 years attar the date of the asesaettwlst 01 the tax. and
<br />(B) the one -year period ending with the expiration of6yars
<br />after the clop of the preceding rebuffed raffling period for
<br />such notice of If".
<br />Sec. 6325. Release Of Lien Or
<br />�
<br />y�� Discharge Of Property.
<br />ter) Release Of Lien, — Subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />issue a certificate of release of any lien imposed wfth respect to
<br />any internal revenue tax not later than 30 days after the day on
<br />which -
<br />0) Liability Satisfied or Unenforceable - The Secretary
<br />finds that the liability for the amount assessed. together with all
<br />interest in respect thereof, has been fully satisfied or bas
<br />become legally unenforceable; or
<br />(2) Bond Accepted. There is furnished to the Secretary and
<br />accepted by him a bone that is conditioned upon the payment of
<br />the amount assessed, together with ali interest in respect
<br />thereof. within the lime prescribed by law ((including any
<br />extension of such time;, and that is in accordance with such
<br />requirements relating to terms, conditions, and form of the bond
<br />and sureties thereon, as maybe specified by such regulations.
<br />Sec. 6103. Confidentiality and Dis-
<br />closure of Returns and Return In-
<br />formation.
<br />(k) Disclosure of Certain Returns and
<br />Return Information For Tax Administration
<br />Purposes, —
<br />(21 Disclosure oi am nr of a_ t ; l,en. - a nonce o'
<br />;ten has per ' ;et, o -use, . ; -s1 Fs";? me Tcon! of lire
<br />JuISi� � ;yal
<br />any p _or r:._ lurnilill, sni!zfac wat .�.
<br />nos a I-gn1 e.the orooe-ty suplee. o .. �:e ;, pr :nterds m
<br />ontarr a n(, ^' , suers props C;
<br />01,
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