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.4 <br />i <br />N <br />I <br />106815 <br />Excwpk From Internal Retfertue Code <br />Sec. 6321. Lien For Taxes. <br />it any parson liable to pay any tax neglects or refusal to <br />!pay the acme afar demand, the amount (including any inter. <br />let, additin i amount. addition to tax, or assessable penalty, <br />esgetlrer with any torts that may accrue in addition thereto) <br />eaa8 be a Ian M favor of the United States upon all property <br />and rights to property, whether real or personal. belonging <br />to tfach persim. <br />Sec. 6322. Period Of Lien. <br />Unless Bother data in Specifically fixed by law, the lion <br />:mpged by saodon 6321 shall arise at the time the asggnflellt <br />le math and shall continue will the liability for the amount so <br />auened (or a judgment against the taxpayer arising out of <br />such ]"lily) is satisfied or becomes unenforceable by reason <br />of Will Of time. <br />Sec. 6323. Validity and Priority Against <br />Certain Persons. <br />w Purchwes, Holden Of Security In- <br />kf$dk Mer:hanlc'a Llenon, And Judgnant <br />Lied CradNM — The Ilan Imposed by section C21 shall <br />felt N valid u against any Purehaesr, holder of a security <br />thnraet. mechanic's lienor, or judgment IIM creditor until notice <br />"WOW which " <br />ests Will the raquiremtots of subsection In has <br />b filed by the Secretary. <br />in Plat ie For FIRnp Notice; Form. — <br />It) Plan For Filing - The notice referred to in sutr <br />section (a) shall be filed - <br />(A) Under State laws <br />(1) RCM Property - In the case of real property, in one <br />0" within the State (or the county, or other governmental <br />subetetsion), as deslgenled by the laws of such State, In <br />wtekh the property subject to the lien is situated: art <br />III) Personal Property - In the case of persona <br />property, whether tangible or intangible, in one office <br />within the State (or the county. or other governmental <br />subdivision). as designated by Ins jaws of such State, <br />in which the property subfect to the ben is situated; <br />er <br />(8) With Clerk Of District Court - In the office Or the Clerk at <br />the Umted states district court for the judicial district in which <br />the PrC"ny subject to hen is situated. whenever me State has <br />holey law designated one office which meets the leouiremerts of <br />subparagraph (A). or <br />1C) With Recorder Of Deeds Of The District DI Colambid In <br />theaf f e, M the Recorder of Deeds of the District of Columma . it <br />the eropeny suillect I, the hen is sdualed in In- D�:Ii,cf of <br />:cnmrors <br />r <br />-fa <br />3 g <br />_0 <br />X <br />m\// <br />r <br />Entered ale Docurnenl e <br />87--1. 7 L+ <br />Grantor <br />Grantee <br />Num ) <br />f) 10 51 <br />(2) Shus Of Property Subject To Lien - For purpose of <br />Paragraphs (1) and (&). property shall be deemed lobe situated - <br />(AI Reed Property - In the can of real property, at Its <br />physical location; or <br />(8) Personal Property - M the Lies of peraonat property, <br />whether tangible of Intangible, at file nishim of the <br />taxpayer at the time the notice of lien is filed. <br />For purposes of paragraph (2) (B), led residence of a conporstlen <br />or partnership shall be desmad to be the place at which the <br />principal executive office of IM business Is bated, and the <br />ruW#m of a taxpayer whoa residence is without the uniked <br />Stank &hail be deemed to be In the District of Columbia. <br />(3) Form - The form and content of the notice <br />referred to in subsection 1&) shall be pre,erlind by the <br />Secretary. Such notice shah be veld notwithstanding any <br />other provision of law regarding the form or coMem 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 />1. Securities <br />2. Motor vehicles <br />3. Personal property purchased ar retail <br />t. Personal properly purcrased In casual sale <br />S. Personal property subjected to possessory lien <br />S. Real property tax and special ggs iment Iltos <br />7. Residential property subject to a mechanic's <br />Ilan for certain reports and Improvements <br />S. Alto May '3 lions <br />9. Certain Insurance contracts <br />10. Passbookloans <br />(g) Refilling Of Notice. — For purposes of this <br />section - <br />(t) Genera Rule, — Unless notice of lien is rallied In <br />the Tanner prescribed in paragraph (2) during the required <br />refihng period. such notice of lien shall be treated as filed on the <br />date an which it is tiled (in accordance with subsection (n) attar <br />the expiration of such refiring period. <br />(2) Plate For Fllkty. — A nonce of hen refired <br />during the required refiring period shall be effective only - <br />(A) d- <br />(1) such notice at lien is folded in the office in which the <br />prior notice of lien was fired. and <br />fn) in the case of real property. IN fact at falling is <br />entered and recorded in an index to the extent required by <br />subsection (11 I /), and <br />i61 in any case m which. 90 days or more prior to the date <br />of a rending of notice of hen under subparagraph (Al. the <br />X <br />SU Mary received written IMortnaton (in the mama <br />prescribed In regulations Issued by the Seers" <br />concerning a Change In the taxpayer's in sldahoe, t a rmtce <br />of such Ian it alto filed In accordance with subeectioe M M <br />the State in which such resldata Is hem bed. <br />(3) Required ReMUp Period. — In the can <br />of any notice of Ian, the term "rWired rMlling porlod- fallen - <br />(A) the on-yur period ending 30 days afar the expiration <br />of 0 years after the date of the esesument of the tax, are <br />(B) the one- year parlod ending with the expirationof6ynra <br />after the close of the preceding required retiting period for <br />such notice of lien. <br />Sec. 6325. Release Of Lien Or <br />Discharge Of Property. <br />(a) Release Of UwL — subect to such <br />regulations u the Secretary may prescribe, the Secretary Map <br />Issue a cortificale of raises# of arty Ian imposed with respect to <br />any internal revenue tax not late than 30 days offer fed day on <br />which - <br />(1) Liability Satisfied or U *ftrc* idle - The Secretary <br />finds that the liability for the amount sesNeed, topetlwr with ate <br />Intareat In respect thereof, has been fully eatlaf ed or has <br />become legally unenforeable; or <br />(2) Bond Accepted - Then Is it shad to the Secretary and <br />accepted by him a bond that Is conditlomd upon the payment M <br />the amount assigned, together with MI Ifenet in negaet <br />Unroof. within the time presofibed by law (MNudlfg any <br />extension of such time), and that Is In accordance with such <br />raqulnfaeMS rotating to time. condtom, and form of the 6ofh0 <br />and sureties thereon, as may be specified by suchagulatloen. <br />Sec. 6103. Confidentiality and Dis- <br />closure of Returns and Return In- <br />formation. <br />(k) Disclosure of Certain Rehm and <br />Retum Information For Tex Adminbtratlon <br />Purposes. — <br />(2) Disclosure of amount of outstanding lien. - If a notice of <br />lien has been filed pursuant to section 63no. the amount of the <br />outstanding obligation secured by such Ilan may be disclosed to <br />any person who furnishes satisfactory written evidence rat he <br />has a right in the property subject to such lien or intends t0 <br />obtain a right in such property . <br />a <br />r� <br />jsi <br />Mi <br />