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Excarpb From Internet Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />n any person liable to pay any tax neglects or refuses to
<br />.pay the same after demand, red amount (Including any Inte-
<br />OK additional amount, addition to tax, or assessable penalty,
<br />tegether with arty ants Mat may accrue In addition thereto)
<br />Mug be a Ran in tavof, of the IAdted Staten upon all property
<br />and rlphte W properly, whIOW fail or personal, belonging
<br />to W perms.
<br />Sec. 6322. Period Of Lien.
<br />Unless another data It specifically fixed by law, the Ilan
<br />Imposed by section 6321 shall arise at the time the assessment
<br />Is made and shall continue until the liability for the amount so
<br />awaimd (or a judgment against the taxpayer arising out of
<br />such liability) Is Satisfied or becomes unenforceable by reason
<br />of Ism of dress.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Pafchae % Holden Of Security in-
<br />krs* Mechanic's Llenon, And Judgment
<br />Lien Creditors. — The lien Imposed by section 6321 shall
<br />not be valid AS against any purchaser, holder of a security
<br />Wftw, mechanic's liver, orjudgment lien creditor until notice
<br />thereof which meets the requirements of subsection (Q has
<br />been filed by the Secretary.
<br />In Piece For Filling Notice; Form. —
<br />(1) Place For Filing - The notice referred to in sub-
<br />section (a) shaft be filed -
<br />(A) Under SUB Laws
<br />(f) Real Property - In the case of real property, in one
<br />office within the State (or the county or other governmental
<br />subdivision), as designated by the laws of such State. In
<br />whicti property subject to the lien is situated; and
<br />(II) Personal Property - In the case of personal
<br />Property. whether tangible or intangible, in one office
<br />within the State (or the county, or other governmental
<br />Subdivision), as designated by the laws of such State.
<br />In which the property subject io the lien Is situated:
<br />or
<br />(B) With Clerk Of District Court - In the office of the clerk of
<br />the United States district court for the judicial district in which
<br />the property subject to lien is situated, whenever the State has
<br />not by law designated one office which meets the requirements of
<br />subparagraph (A), or
<br />(C) With Recorder 01 Deeds Of The District Of Columbia - In
<br />the office of the Recorder of Deeds of the District of Columbia. if
<br />1M property subject to the lien is situated in the District of
<br />Columbia.
<br />L
<br />a
<br />(2) Shut of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (4), property shall be domed to be situated.
<br />(A) Real Property - in the use of real property, at Its
<br />physical location; or
<br />(B) Personal Property - in the case of personal property,
<br />whether tangible or Intangible. at the mldenee of the
<br />taxpayer at the time the notice of Ilan Is filed.
<br />For purposes of paragraph (2) (0). ft residents of a corporation
<br />or partnership shall be dammed to be the place at which the
<br />Principal executive office of the business Is located, and the
<br />reefdence of a taxpayer whom residence Is without the United
<br />Staten shall be claimed to be In Uu District of Columbia.
<br />(3) Form - The form and content of ��h} notice
<br />referred to In subaietlOn (a) shall be preacri by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />other provision of law regarding the form or content of a
<br />notice of Ilan.
<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 />1. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased at retail
<br />4. Personal property purchased in usual sale
<br />5. Personal property subjected to possessory Ilan
<br />5. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />lien for certain repairs and improvements
<br />S. Attorney's liens
<br />9. Certain insurance contracts
<br />10. Passbookloans
<br />(o) Refiling Of Notice. — For purposes of this
<br />section -
<br />(1) General Rule. — Unless notice of lien is refbed M
<br />the manner prescribed In paragraph (2) during the required
<br />refiling period, such notice of lien shall be treated as tiled on the
<br />date on'which it is filed (in accordance with subsection (0) after
<br />the expiration of such refiling puriod.
<br />(z) Place For Filing. — A notice of lien rallied
<br />during the required refiling period shall be effective only
<br />(A) if
<br />(i) such notice of lien is refiled in the office in which the
<br />prior notice of lien was filed, and
<br />(ill in the case of real property, the fact of rehnng is
<br />entered and recorded in an index to the extent required by
<br />subsection i0 (4), and
<br />(B) in any case in which. 93 days or more prior to the dale
<br />of a refiling of notice of lien under subparagraph (A). the
<br />F
<br />Skretiry Welv(d written Information (in the manner
<br />prescribed In regulations Issued by the Secretary)
<br />corurning a change In the taxpayer's rosidaice, if a notice
<br />01 such Ilen Is else filed M accordasde wIM subsection (f) M
<br />the Stele in which such rmldaim Is located,
<br />(3) Required Refilling Period. — In the cam
<br />of any notice of Ilea, the term "required rattling paled" means -
<br />(A) the onayear period ending 30 day$ after the expiration
<br />Of 6 yeas after the data 01 the assessment of the tax, and
<br />(B) the one- yesrperiod ending with theexpiraeonoelyears
<br />fifer the close Of the preceding required raffling period for
<br />such notice of Ilan, -
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of UM. — Subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release of any lien Imposed with respectio
<br />any Internal revenue tax not later than 30 days after the day on
<br />which -
<br />(1) 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 has
<br />become legally unenforceable; or
<br />(2) Bond Accepted -There is furnished to the Secretary and
<br />accepted by him a bond that is conditioned upon the payment of
<br />the amount aaseamd. together with all Interest In respect
<br />thereof, within the time 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 may be 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 />(2) Disclosure of amount of outstanding lien. - If a notice of
<br />lien has been filed pursuant to section 6323(0, the amount of the
<br />outstanding obligation secured by such lien may be disclosed to
<br />any person who furnishes satisfactory written evidence that he
<br />has a right in the property subject to such lien or intends to
<br />obtain a right in such property.
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<br />(2) Shut of Property Subject To Lien - For purposes of
<br />paragraphs (1) and (4), property shall be domed to be situated.
<br />(A) Real Property - in the use of real property, at Its
<br />physical location; or
<br />(B) Personal Property - in the case of personal property,
<br />whether tangible or Intangible. at the mldenee of the
<br />taxpayer at the time the notice of Ilan Is filed.
<br />For purposes of paragraph (2) (0). ft residents of a corporation
<br />or partnership shall be dammed to be the place at which the
<br />Principal executive office of the business Is located, and the
<br />reefdence of a taxpayer whom residence Is without the United
<br />Staten shall be claimed to be In Uu District of Columbia.
<br />(3) Form - The form and content of ��h} notice
<br />referred to In subaietlOn (a) shall be preacri by the
<br />Secretary. Such notice shall be valid notwithstanding any
<br />other provision of law regarding the form or content of a
<br />notice of Ilan.
<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 />1. Securities
<br />2. Motor vehicles
<br />3. Personal property purchased at retail
<br />4. Personal property purchased in usual sale
<br />5. Personal property subjected to possessory Ilan
<br />5. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />lien for certain repairs and improvements
<br />S. Attorney's liens
<br />9. Certain insurance contracts
<br />10. Passbookloans
<br />(o) Refiling Of Notice. — For purposes of this
<br />section -
<br />(1) General Rule. — Unless notice of lien is refbed M
<br />the manner prescribed In paragraph (2) during the required
<br />refiling period, such notice of lien shall be treated as tiled on the
<br />date on'which it is filed (in accordance with subsection (0) after
<br />the expiration of such refiling puriod.
<br />(z) Place For Filing. — A notice of lien rallied
<br />during the required refiling period shall be effective only
<br />(A) if
<br />(i) such notice of lien is refiled in the office in which the
<br />prior notice of lien was filed, and
<br />(ill in the case of real property, the fact of rehnng is
<br />entered and recorded in an index to the extent required by
<br />subsection i0 (4), and
<br />(B) in any case in which. 93 days or more prior to the dale
<br />of a refiling of notice of lien under subparagraph (A). the
<br />F
<br />Skretiry Welv(d written Information (in the manner
<br />prescribed In regulations Issued by the Secretary)
<br />corurning a change In the taxpayer's rosidaice, if a notice
<br />01 such Ilen Is else filed M accordasde wIM subsection (f) M
<br />the Stele in which such rmldaim Is located,
<br />(3) Required Refilling Period. — In the cam
<br />of any notice of Ilea, the term "required rattling paled" means -
<br />(A) the onayear period ending 30 day$ after the expiration
<br />Of 6 yeas after the data 01 the assessment of the tax, and
<br />(B) the one- yesrperiod ending with theexpiraeonoelyears
<br />fifer the close Of the preceding required raffling period for
<br />such notice of Ilan, -
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of UM. — Subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release of any lien Imposed with respectio
<br />any Internal revenue tax not later than 30 days after the day on
<br />which -
<br />(1) 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 has
<br />become legally unenforceable; or
<br />(2) Bond Accepted -There is furnished to the Secretary and
<br />accepted by him a bond that is conditioned upon the payment of
<br />the amount aaseamd. together with all Interest In respect
<br />thereof, within the time 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 may be 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 />(2) Disclosure of amount of outstanding lien. - If a notice of
<br />lien has been filed pursuant to section 6323(0, the amount of the
<br />outstanding obligation secured by such lien may be disclosed to
<br />any person who furnishes satisfactory written evidence that he
<br />has a right in the property subject to such lien or intends to
<br />obtain a right in such property.
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