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1 <br />a <br />Excerpts From Internal Revenue Code <br />Sec. 6321. Lien For Taxes, <br />If any person liable to pay any tax neglects or refuses to <br />pay the acme after demand, the amount (including any Ill <br />alt, additional amount, addition to tax, or assessable penalty, <br />WpettW with arty coats that may accrue In addition thereto) <br />shall be a lien In favor of the United States upon all property <br />and rights to properly, the root or personal, belonging <br />to such person. <br />Sec. 6322. Period Of Lien. <br />Unless another data Is specifically fixed by law, the Ilen <br />M"M by section 6321 shall aria at the time the assessment <br />Is tirade and shell continue until the liability for the amount so <br />aeeeaaed (or a judgment against the taxpayer arising out of <br />such liability) Is sansfled or becomes unenforceable by reason <br />of lapis of time. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />(a) Purchaet's, Holden Of Security In- <br />Nre* Mechailes Llenors, And Judgment <br />(.tell Credibrs. — The lien Imposed by section 6321 shall <br />not be valid as against any purchaser, holder of a security <br />interest, mechanic'. Meyer, or judgment lien creditor until notice <br />ftrool which meets the requirements of subsection (t) has <br />been filed by the Secretary . <br />m Piece for Fi ing Notice; Form. — <br />(1) Place For Filing . The notice referred to in sub - <br />eadtion (A) shelf be filed - <br />(AI Under State laws <br />(i) 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 />which the 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 lot the County, or other governmental <br />subdivision), as designated by the laws of such State, <br />in which the property subject to the hen is situated. <br />or <br />(8) With Clerk Of District Court - In the office of the clerk of <br />the United Slates district court for the judicial dlstricl in which <br />UM property subject to lien is situated, whenever the State has <br />not by law designated oneoffice which meets the rerun meats of <br />subparagraph (A). or <br />(C) With Recorder 01 Deeds Of The District Of Colmnbta - In <br />the office of the Recorder of Deeds of the District of Commb,a d <br />the property subject to the hen sri,meo of <br />Columbia. <br />(2) Situs Of Property Subject To Lien - For purposes of <br />paragraphs (1) and (4), property shall be deemed to be situated <br />(At Real Property - In the tale of real property, al Its <br />physical location; or <br />(e) Personal Property - In the cote of personal property, <br />whether tangible or intangible, et the residence of this <br />taxpayer et the time the notice at Ilen Is filed. <br />For purposes of paragraph (2) (e). tM residence of a corporation <br />or partnership shall be doomed to be the place 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 doomed 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 Ilen. <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 casual sale <br />5. Personal property subjected to possessory lien <br />6. Heal property tax and special assessment liens <br />7. Residential property subject to a mechanic's <br />Ilan for certain repairs and Improvements <br />e. Attorney's liens <br />g. Certain insurance contracts <br />10. Passbookloans <br />(a) Reflling Of Notice. — For purposes of this <br />section <br />(t) General Rule.— unless notice of lien is rallied In <br />the manner prescribed in paragraph (2) during the required <br />refiling period, such notice of hart shall be treated as filed on the <br />date on which It is filed (in accordance with subsection (11) after <br />the expiration at such telling period <br />(2) Place For Filing. — A notice of lien reliled <br />during the required reliling period shall be effective only - <br />(A) d- <br />(i) such notice of lien is refiled in the office nn which the <br />prior notice of lien was filed, and <br />lip in the case of real properly, the fact of rehhng is <br />entered and recorded in an index to the extent requued by <br />subsection (1) (4), and <br />IBI in any case in which, DD days or more prior to the date <br />of a refiling at notice of lien under subparagraph (A). the <br />a <br />L�. <br />Secretary received written Information fill the manner <br />prescribed in regulations Issued by the Secretary) <br />concemifg a change In this taxpayl is residence, If a notice <br />01 such Ilan Is also filed In accordance with subsection (e In <br />the State in which ouch residence Is tooted. <br />(3) Required ReRifng Period. — In the case <br />of any notice of Ilan, the term "required refiling period" means <br />(A) the one -year period ending 30 days otter the expiration <br />of 6 years after the date of the assessment of the tax, and <br />(8) the one-year Wait ending with the expiration of 6 years <br />aner file close of the preceding required refiling period for <br />such notice of lien. <br />Sec. 6325. Release Of Lien Or <br />Discharge Of Property. <br />(a) Reluw Of Lien. — subject to such <br />regulations as the Secretary may prescribe, the Secretary shall <br />Issue a certificate of release at any 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 lathe Secretary and <br />accepted by him a bond that is conditioned upon the payment or <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 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 Relurns and <br />Return Information For Tax Administration <br />Purposes. — <br />(2) Disclosure of amount of outstanding lien - If a notice of <br />hen has been hied pursuant to section 63231fi. the amount of the <br />outstanding obligation sec.ned by such lien may be disclosed to <br />any person who fwnishes satisfactory written evidence that he <br />has a right in the property subject to such ; en of niends to <br />obtain a right in such properly <br />I <br />K <br />91{�' <br />lit <br />r. <br />Entered <br />alt Document Nor. <br />87--- <br />Grantee <br />Numerical A)1— <br />a <br />87 I!!!I. Z 1 '1 10 <br />v <br />9 <br />tB <br />Excerpts From Internal Revenue Code <br />Sec. 6321. Lien For Taxes, <br />If any person liable to pay any tax neglects or refuses to <br />pay the acme after demand, the amount (including any Ill <br />alt, additional amount, addition to tax, or assessable penalty, <br />WpettW with arty coats that may accrue In addition thereto) <br />shall be a lien In favor of the United States upon all property <br />and rights to properly, the root or personal, belonging <br />to such person. <br />Sec. 6322. Period Of Lien. <br />Unless another data Is specifically fixed by law, the Ilen <br />M"M by section 6321 shall aria at the time the assessment <br />Is tirade and shell continue until the liability for the amount so <br />aeeeaaed (or a judgment against the taxpayer arising out of <br />such liability) Is sansfled or becomes unenforceable by reason <br />of lapis of time. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />(a) Purchaet's, Holden Of Security In- <br />Nre* Mechailes Llenors, And Judgment <br />(.tell Credibrs. — The lien Imposed by section 6321 shall <br />not be valid as against any purchaser, holder of a security <br />interest, mechanic'. Meyer, or judgment lien creditor until notice <br />ftrool which meets the requirements of subsection (t) has <br />been filed by the Secretary . <br />m Piece for Fi ing Notice; Form. — <br />(1) Place For Filing . The notice referred to in sub - <br />eadtion (A) shelf be filed - <br />(AI Under State laws <br />(i) 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 />which the 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 lot the County, or other governmental <br />subdivision), as designated by the laws of such State, <br />in which the property subject to the hen is situated. <br />or <br />(8) With Clerk Of District Court - In the office of the clerk of <br />the United Slates district court for the judicial dlstricl in which <br />UM property subject to lien is situated, whenever the State has <br />not by law designated oneoffice which meets the rerun meats of <br />subparagraph (A). or <br />(C) With Recorder 01 Deeds Of The District Of Colmnbta - In <br />the office of the Recorder of Deeds of the District of Commb,a d <br />the property subject to the hen sri,meo of <br />Columbia. <br />(2) Situs Of Property Subject To Lien - For purposes of <br />paragraphs (1) and (4), property shall be deemed to be situated <br />(At Real Property - In the tale of real property, al Its <br />physical location; or <br />(e) Personal Property - In the cote of personal property, <br />whether tangible or intangible, et the residence of this <br />taxpayer et the time the notice at Ilen Is filed. <br />For purposes of paragraph (2) (e). tM residence of a corporation <br />or partnership shall be doomed to be the place 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 doomed 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 Ilen. <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 casual sale <br />5. Personal property subjected to possessory lien <br />6. Heal property tax and special assessment liens <br />7. Residential property subject to a mechanic's <br />Ilan for certain repairs and Improvements <br />e. Attorney's liens <br />g. Certain insurance contracts <br />10. Passbookloans <br />(a) Reflling Of Notice. — For purposes of this <br />section <br />(t) General Rule.— unless notice of lien is rallied In <br />the manner prescribed in paragraph (2) during the required <br />refiling period, such notice of hart shall be treated as filed on the <br />date on which It is filed (in accordance with subsection (11) after <br />the expiration at such telling period <br />(2) Place For Filing. — A notice of lien reliled <br />during the required reliling period shall be effective only - <br />(A) d- <br />(i) such notice of lien is refiled in the office nn which the <br />prior notice of lien was filed, and <br />lip in the case of real properly, the fact of rehhng is <br />entered and recorded in an index to the extent requued by <br />subsection (1) (4), and <br />IBI in any case in which, DD days or more prior to the date <br />of a refiling at notice of lien under subparagraph (A). the <br />a <br />L�. <br />Secretary received written Information fill the manner <br />prescribed in regulations Issued by the Secretary) <br />concemifg a change In this taxpayl is residence, If a notice <br />01 such Ilan Is also filed In accordance with subsection (e In <br />the State in which ouch residence Is tooted. <br />(3) Required ReRifng Period. — In the case <br />of any notice of Ilan, the term "required refiling period" means <br />(A) the one -year period ending 30 days otter the expiration <br />of 6 years after the date of the assessment of the tax, and <br />(8) the one-year Wait ending with the expiration of 6 years <br />aner file close of the preceding required refiling period for <br />such notice of lien. <br />Sec. 6325. Release Of Lien Or <br />Discharge Of Property. <br />(a) Reluw Of Lien. — subject to such <br />regulations as the Secretary may prescribe, the Secretary shall <br />Issue a certificate of release at any 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 lathe Secretary and <br />accepted by him a bond that is conditioned upon the payment or <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 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 Relurns and <br />Return Information For Tax Administration <br />Purposes. — <br />(2) Disclosure of amount of outstanding lien - If a notice of <br />hen has been hied pursuant to section 63231fi. the amount of the <br />outstanding obligation sec.ned by such lien may be disclosed to <br />any person who fwnishes satisfactory written evidence that he <br />has a right in the property subject to such ; en of niends to <br />obtain a right in such properly <br />I <br />K <br />91{�' <br />lit <br />r. <br />