|
1
<br />L.�
<br />a
<br />Excerpte From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />U any person liable to pay any tax neglects or refuses to
<br />pay the items after demand, the amount (including any inter.
<br />OK additional amount, addition to tax, or assessable penalty,
<br />together with any Casa ih. may accrue In addition thereto)
<br />etlall be a haft In fever of the UuINd States upon all properly
<br />and rights to properly, whWw real or personal, belonging
<br />to such perwn.
<br />Sec. 6322. Period Of Lien.
<br />Unless another date Is specifically fixed by law, the lien
<br />Imposed by section 6321 shall arise at the time the assessment
<br />Is made and shelf continue unit[ the liability for the amount so
<br />assessed (or a judgment against the taxpayer arising out of
<br />such liability) Is satisfied or becomes unenforceable by reason
<br />at lop" of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaet e, Holden Of Security In-
<br />tereete, Mechanic's Wnon, And Judgment
<br />Wn CntttOn. — The lien imposed by section 01 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest, mschmil:3 limor, or judgment lien creditor until notice
<br />thersut which mesa the requirements of subsection in has
<br />been flied by the Secretary.
<br />(o Place for Filing Notke; Form. —
<br />(1) Place For Filing - The notice referred to in sub-
<br />section (a) shall be filed -
<br />(A) Under Sate Laws
<br />(1) Real Property - In the case of real property, in one
<br />office wimic the State (or the county. or other governmental
<br />subdivision), as designated by the laws of such State, in
<br />which tee property subject to the lien is situated; and
<br />(it) 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 to 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 Stale has
<br />trot by law designated one office which meets the regmr"ems of
<br />subparagraph (A), or
<br />(C) With Recorder Of Deeds 01 The District Of Columtna - In
<br />tee office 01 the Recorder of Deeds of the District of Columbia, it
<br />the property subject to the lien is situated in the District of
<br />Columbia..
<br />Entered as Document No,
<br />1 t-
<br />C;ranfo I-, I r r � Z .-��,
<br />Numerical
<br />'131 J11. 27 11! 10 1 1
<br />(2) 511us of Property Subject To Lien - For purposes at
<br />paragraphs (1) and (4), property shall be deemed to be situated -
<br />(A) Reel Property - In the cue of real property, at its
<br />physical location; or
<br />(B) Personal Property -In the case of personal property,
<br />whether tangible or intangible, et the residence of the
<br />taxpayer at the time the notice of lien Is liked.
<br />For purposes of paragraph (2) (e), tee reeldencs of a corporation
<br />or partnership shall be deemed to be the pace at which the
<br />principal executive office of the business Is located, and the
<br />residence of a taxpayer whose residence is without the United
<br />States shall be deemed to be in the District of Columbia.
<br />(3) Form - The form and content of the notice
<br />referred to in subsection (a) shall be prescribed 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 lien.
<br />Nole: 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 casual sale
<br />5. Personal property subjected 10 possessory hen
<br />6. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />lien for certain repairs and Improvements
<br />6. Attorney's Ilene
<br />g. Certain insurance contracts
<br />10. Passbookloans
<br />(g) Reflling Of Notice, — For purposes of this
<br />section -
<br />(11 General Rule.— Unless notice o lien is trifled In
<br />the manner prescribed in paragraph (2) during the required
<br />telling period. such notice of IiEgshalt be treated as filed on the
<br />date on which it is filed (in accordance with subsection (1)) after
<br />the expiration of such refiling period.
<br />(2) Plaice For Filing. — A notice of lien rallied
<br />during the required refiling period shall be effective only -
<br />(A) if -
<br />(i) such notic. of lien is refiled in the office in which the
<br />prior notice of Len was filed. and
<br />(u) in the case of real property, the fact of refiling Is
<br />entered and recorded in an index to the extent required by
<br />subsection (1) (q, and
<br />10) In any case In which. 90 days or more prior to the date
<br />of a refiling of notice 0' lien under subparagraph IA), the
<br />l�
<br />a
<br />O
<br />Sicretary recilved written Information fill the manlier
<br />prescribed in regulations Issued by the Secretary)
<br />concerning a change In the taxpayses residence. ll a notice
<br />of such Ian a also filed In accordance with subsection 10 In
<br />the Sate In which such residence Is located.
<br />(3) Required Reffigng. Period. — In the case
<br />of any notice of lien, the term " requlred refilling period" means -
<br />(A) the one-year period ending 30 days after the expiration
<br />of a years after the date of the assessment of the tax, and
<br />(B) the one -year period ending with the expiration of $years
<br />after the close of the preceding required refilling period for
<br />such notice of lien. ._
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of Llen. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release of arty lien Imposed with respect to
<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 assessed, 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 retailing 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) Disdmrs 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(1). 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 fight in such property
<br />I
<br />R
<br />h
<br />IS
<br />r
<br />O
<br />\. {�
<br />assair
<br />X
<br />o
<br />s
<br />tD
<br />3
<br />g
<br />Excerpte From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />U any person liable to pay any tax neglects or refuses to
<br />pay the items after demand, the amount (including any inter.
<br />OK additional amount, addition to tax, or assessable penalty,
<br />together with any Casa ih. may accrue In addition thereto)
<br />etlall be a haft In fever of the UuINd States upon all properly
<br />and rights to properly, whWw real or personal, belonging
<br />to such perwn.
<br />Sec. 6322. Period Of Lien.
<br />Unless another date Is specifically fixed by law, the lien
<br />Imposed by section 6321 shall arise at the time the assessment
<br />Is made and shelf continue unit[ the liability for the amount so
<br />assessed (or a judgment against the taxpayer arising out of
<br />such liability) Is satisfied or becomes unenforceable by reason
<br />at lop" of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaet e, Holden Of Security In-
<br />tereete, Mechanic's Wnon, And Judgment
<br />Wn CntttOn. — The lien imposed by section 01 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest, mschmil:3 limor, or judgment lien creditor until notice
<br />thersut which mesa the requirements of subsection in has
<br />been flied by the Secretary.
<br />(o Place for Filing Notke; Form. —
<br />(1) Place For Filing - The notice referred to in sub-
<br />section (a) shall be filed -
<br />(A) Under Sate Laws
<br />(1) Real Property - In the case of real property, in one
<br />office wimic the State (or the county. or other governmental
<br />subdivision), as designated by the laws of such State, in
<br />which tee property subject to the lien is situated; and
<br />(it) 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 to 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 Stale has
<br />trot by law designated one office which meets the regmr"ems of
<br />subparagraph (A), or
<br />(C) With Recorder Of Deeds 01 The District Of Columtna - In
<br />tee office 01 the Recorder of Deeds of the District of Columbia, it
<br />the property subject to the lien is situated in the District of
<br />Columbia..
<br />Entered as Document No,
<br />1 t-
<br />C;ranfo I-, I r r � Z .-��,
<br />Numerical
<br />'131 J11. 27 11! 10 1 1
<br />(2) 511us of Property Subject To Lien - For purposes at
<br />paragraphs (1) and (4), property shall be deemed to be situated -
<br />(A) Reel Property - In the cue of real property, at its
<br />physical location; or
<br />(B) Personal Property -In the case of personal property,
<br />whether tangible or intangible, et the residence of the
<br />taxpayer at the time the notice of lien Is liked.
<br />For purposes of paragraph (2) (e), tee reeldencs of a corporation
<br />or partnership shall be deemed to be the pace at which the
<br />principal executive office of the business Is located, and the
<br />residence of a taxpayer whose residence is without the United
<br />States shall be deemed to be in the District of Columbia.
<br />(3) Form - The form and content of the notice
<br />referred to in subsection (a) shall be prescribed 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 lien.
<br />Nole: 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 casual sale
<br />5. Personal property subjected 10 possessory hen
<br />6. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanic's
<br />lien for certain repairs and Improvements
<br />6. Attorney's Ilene
<br />g. Certain insurance contracts
<br />10. Passbookloans
<br />(g) Reflling Of Notice, — For purposes of this
<br />section -
<br />(11 General Rule.— Unless notice o lien is trifled In
<br />the manner prescribed in paragraph (2) during the required
<br />telling period. such notice of IiEgshalt be treated as filed on the
<br />date on which it is filed (in accordance with subsection (1)) after
<br />the expiration of such refiling period.
<br />(2) Plaice For Filing. — A notice of lien rallied
<br />during the required refiling period shall be effective only -
<br />(A) if -
<br />(i) such notic. of lien is refiled in the office in which the
<br />prior notice of Len was filed. and
<br />(u) in the case of real property, the fact of refiling Is
<br />entered and recorded in an index to the extent required by
<br />subsection (1) (q, and
<br />10) In any case In which. 90 days or more prior to the date
<br />of a refiling of notice 0' lien under subparagraph IA), the
<br />l�
<br />a
<br />O
<br />Sicretary recilved written Information fill the manlier
<br />prescribed in regulations Issued by the Secretary)
<br />concerning a change In the taxpayses residence. ll a notice
<br />of such Ian a also filed In accordance with subsection 10 In
<br />the Sate In which such residence Is located.
<br />(3) Required Reffigng. Period. — In the case
<br />of any notice of lien, the term " requlred refilling period" means -
<br />(A) the one-year period ending 30 days after the expiration
<br />of a years after the date of the assessment of the tax, and
<br />(B) the one -year period ending with the expiration of $years
<br />after the close of the preceding required refilling period for
<br />such notice of lien. ._
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) Release Of Llen. — subject to such
<br />regulations as the Secretary may prescribe, the Secretary shall
<br />Issue a certificate of release of arty lien Imposed with respect to
<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 assessed, 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 retailing 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) Disdmrs 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(1). 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 fight in such property
<br />I
<br />R
<br />h
<br />
|