|
Excerpts From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />It any parson liable to pay any tax neglects or refuses to
<br />pay the same after demand. the amount (including any inter -
<br />eat additional amount. addition to tax, or assessable penalty,
<br />togetfer with any costs that may accrue in addition thersto)
<br />shall be a lien in low of the United States upon all property
<br />and rights to property. whether real or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />unless 2notfter. date Is spetiticaily fixed by law, the lien
<br />imposed by section GO shall arise at the time the assessment
<br />is made and shall continue until 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 />of lapse of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaser's, Holders Of Security In-
<br />tomb, Modmic's Lienors, And Judgment
<br />LWn CrtM M. — The lion imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest. mechanic's lienor, or judgment lion creditor until nonce
<br />thereof which meets the requirements of subsection it) has
<br />been filed by the Secretary.
<br />n Place For Filing Notice; Form;
<br />11) Place For Filing The notice referred to m &:-
<br />section is) shall be filed -
<br />(A) Under State Laws
<br />(i) Real Property - In the case of real property. in one
<br />office within the Slate (or the county. or other governmental
<br />subdivision), as designated by the ;aws of such state, in
<br />which the properly subiect to the lien is situated: and
<br />(it) Personal Property - in the case of personal
<br />properly, whether tangible or !nian•gible, in one office
<br />within the State (or the county. or other governmental
<br />subdivision). as designated by the taws o' such State .
<br />in which the property subject ho the fen Is sltuai'c,
<br />Of
<br />(B) 'With Clerk Ot District Court - In the oft a! me Cifri, or
<br />the United States d!strlcl .out for the, .ca owlet n n. ¢'•I,
<br />the propany s,biecf to :el s a,ad x 11F _-
<br />lot by low des-gla!ado,eJtcewr•;,h i
<br />subparagraph * -if
<br />(6? with Recorder i'. :)eeds' : ='' -he Dirt t;.f Jc
<br />the office of the Recorder of Deeds off" Dist-I of C,01 'j
<br />-
<br />the props v� {ec?
<br />GrDirmbia
<br />00230
<br />ii
<br />r
<br />�i
<br />tZ) solve of Property Sobjecr To Lien - For purposes of
<br />paragraphs (1; and (4). property snail be deemed to na s ituated -
<br />(A) Real Property - in the case of real property, At its
<br />physical location: or
<br />(a) Personal Property - in the case of personal property,
<br />whether tangible or Intartgi at the residence of the
<br />taxpayer at the time the relics of lien is filed.
<br />For purposes of paragraph (2) (s), the residamx 010 corparation
<br />or partnership shall be deei¢ad to be the place At which the
<br />principal executive office of the business If located, and iM
<br />residence of a taxpayer Whose residence is without the United
<br />States shall be deemed to be in me District of Columbia.
<br />(3) Form - The form . and content of the nobs
<br />referred to in Subsection (a) Strait be proacrilled by the
<br />Secretary , Such notice shaft be valid notwithstanding any
<br />other provision of law regarding the form or content of a
<br />notice of fen.
<br />Note: See section 6323(b) for protection for
<br />certain interests even though notice of lien
<br />imposed by section 6321 is filets 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 !fen
<br />6. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanics
<br />lien for certain repairs and improvements
<br />2. Attorney's liens
<br />9. Certain insurance contracts
<br />to. Passbook!oans
<br />iii) Refiling Of Notice, — For purposes of this
<br />section -
<br />' it) General Rule. -- Unless notice at liens rallied in
<br />the manner prescribed in paragraph 121 during the required
<br />ref :ing period. such notice of lien Shall be treated as filed on the
<br />date on which it is flied in accordance with subsection (11) after
<br />the expiration of such Telling period.
<br />Place For Filing. — „ r t f er, anted
<br />-
<br />iai if
<br />such notice of !is^ s refiled in the office n the
<br />,r or 110,,c- � :ten was filed and
<br />h, +se of r i, apr.ty, t
<br />e'a .,. .� hy
<br />±u rt,. ono
<br />.L
<br />! a f iYg CI Mice Gl I V `,.el 5. ,„J ly li,'..ri'. !'o
<br />lu
<br />fll
<br />i4 f 1
<br />Secretary received written Information (in the maMW
<br />prescribed In regulations issued by tiro Secretary)
<br />concerning a change In the taxpayer's reaidenca, it a notice
<br />of such lien Is also filed in accardanga with sulaWion (t) In
<br />the state in which arch ruldenue is located.
<br />(3) Required Raffling Period. — In the case
<br />of any notice of lion, the term "required Willing period" moans -
<br />(A) the one -year period ending 30 days alter the expiration
<br />of 6 years after the data of the assessment of the tax, and
<br />(B) the one -year period ending with the expirationof6yost$
<br />after the close of the preceding required falling period for
<br />such notice of lien.
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) 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 with respect to
<br />any internal revenue tax not later than 3D days attar the day on
<br />which -
<br />it) 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 lire), 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 'Pax Administration
<br />Purposes,
<br />121 CISUcsure o! amount or cutStane!np iien. -I: a notice et
<br />any person who urmshes satistmcto�y Witten c+rdence that he
<br />has aright ^. Ina properly s'Jbject ie fi,i., hi re, v: intends tr.
<br />.o,a a i„ _ _ c�-ny
<br />a
<br />},
<br />fit
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<br />Excerpts From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />It any parson liable to pay any tax neglects or refuses to
<br />pay the same after demand. the amount (including any inter -
<br />eat additional amount. addition to tax, or assessable penalty,
<br />togetfer with any costs that may accrue in addition thersto)
<br />shall be a lien in low of the United States upon all property
<br />and rights to property. whether real or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />unless 2notfter. date Is spetiticaily fixed by law, the lien
<br />imposed by section GO shall arise at the time the assessment
<br />is made and shall continue until 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 />of lapse of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaser's, Holders Of Security In-
<br />tomb, Modmic's Lienors, And Judgment
<br />LWn CrtM M. — The lion imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest. mechanic's lienor, or judgment lion creditor until nonce
<br />thereof which meets the requirements of subsection it) has
<br />been filed by the Secretary.
<br />n Place For Filing Notice; Form;
<br />11) Place For Filing The notice referred to m &:-
<br />section is) shall be filed -
<br />(A) Under State Laws
<br />(i) Real Property - In the case of real property. in one
<br />office within the Slate (or the county. or other governmental
<br />subdivision), as designated by the ;aws of such state, in
<br />which the properly subiect to the lien is situated: and
<br />(it) Personal Property - in the case of personal
<br />properly, whether tangible or !nian•gible, in one office
<br />within the State (or the county. or other governmental
<br />subdivision). as designated by the taws o' such State .
<br />in which the property subject ho the fen Is sltuai'c,
<br />Of
<br />(B) 'With Clerk Ot District Court - In the oft a! me Cifri, or
<br />the United States d!strlcl .out for the, .ca owlet n n. ¢'•I,
<br />the propany s,biecf to :el s a,ad x 11F _-
<br />lot by low des-gla!ado,eJtcewr•;,h i
<br />subparagraph * -if
<br />(6? with Recorder i'. :)eeds' : ='' -he Dirt t;.f Jc
<br />the office of the Recorder of Deeds off" Dist-I of C,01 'j
<br />-
<br />the props v� {ec?
<br />GrDirmbia
<br />00230
<br />ii
<br />r
<br />�i
<br />tZ) solve of Property Sobjecr To Lien - For purposes of
<br />paragraphs (1; and (4). property snail be deemed to na s ituated -
<br />(A) Real Property - in the case of real property, At its
<br />physical location: or
<br />(a) Personal Property - in the case of personal property,
<br />whether tangible or Intartgi at the residence of the
<br />taxpayer at the time the relics of lien is filed.
<br />For purposes of paragraph (2) (s), the residamx 010 corparation
<br />or partnership shall be deei¢ad to be the place At which the
<br />principal executive office of the business If located, and iM
<br />residence of a taxpayer Whose residence is without the United
<br />States shall be deemed to be in me District of Columbia.
<br />(3) Form - The form . and content of the nobs
<br />referred to in Subsection (a) Strait be proacrilled by the
<br />Secretary , Such notice shaft be valid notwithstanding any
<br />other provision of law regarding the form or content of a
<br />notice of fen.
<br />Note: See section 6323(b) for protection for
<br />certain interests even though notice of lien
<br />imposed by section 6321 is filets 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 !fen
<br />6. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanics
<br />lien for certain repairs and improvements
<br />2. Attorney's liens
<br />9. Certain insurance contracts
<br />to. Passbook!oans
<br />iii) Refiling Of Notice, — For purposes of this
<br />section -
<br />' it) General Rule. -- Unless notice at liens rallied in
<br />the manner prescribed in paragraph 121 during the required
<br />ref :ing period. such notice of lien Shall be treated as filed on the
<br />date on which it is flied in accordance with subsection (11) after
<br />the expiration of such Telling period.
<br />Place For Filing. — „ r t f er, anted
<br />-
<br />iai if
<br />such notice of !is^ s refiled in the office n the
<br />,r or 110,,c- � :ten was filed and
<br />h, +se of r i, apr.ty, t
<br />e'a .,. .� hy
<br />±u rt,. ono
<br />.L
<br />! a f iYg CI Mice Gl I V `,.el 5. ,„J ly li,'..ri'. !'o
<br />lu
<br />fll
<br />i4 f 1
<br />Secretary received written Information (in the maMW
<br />prescribed In regulations issued by tiro Secretary)
<br />concerning a change In the taxpayer's reaidenca, it a notice
<br />of such lien Is also filed in accardanga with sulaWion (t) In
<br />the state in which arch ruldenue is located.
<br />(3) Required Raffling Period. — In the case
<br />of any notice of lion, the term "required Willing period" moans -
<br />(A) the one -year period ending 30 days alter the expiration
<br />of 6 years after the data of the assessment of the tax, and
<br />(B) the one -year period ending with the expirationof6yost$
<br />after the close of the preceding required falling period for
<br />such notice of lien.
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) 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 with respect to
<br />any internal revenue tax not later than 3D days attar the day on
<br />which -
<br />it) 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 lire), 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 'Pax Administration
<br />Purposes,
<br />121 CISUcsure o! amount or cutStane!np iien. -I: a notice et
<br />any person who urmshes satistmcto�y Witten c+rdence that he
<br />has aright ^. Ina properly s'Jbject ie fi,i., hi re, v: intends tr.
<br />.o,a a i„ _ _ c�-ny
<br />a
<br />m,
<br />I
<br />Excerpts From Internal Revenue Code
<br />Sec. 6321. Lien For Taxes.
<br />It any parson liable to pay any tax neglects or refuses to
<br />pay the same after demand. the amount (including any inter -
<br />eat additional amount. addition to tax, or assessable penalty,
<br />togetfer with any costs that may accrue in addition thersto)
<br />shall be a lien in low of the United States upon all property
<br />and rights to property. whether real or personal, belonging
<br />to such person.
<br />Sec. 6322. Period Of Lien.
<br />unless 2notfter. date Is spetiticaily fixed by law, the lien
<br />imposed by section GO shall arise at the time the assessment
<br />is made and shall continue until 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 />of lapse of time.
<br />Sec. 6323. Validity and Priority Against
<br />Certain Persons.
<br />(a) Purchaser's, Holders Of Security In-
<br />tomb, Modmic's Lienors, And Judgment
<br />LWn CrtM M. — The lion imposed by section 6321 shall
<br />not be valid as against any purchaser, holder of a security
<br />Interest. mechanic's lienor, or judgment lion creditor until nonce
<br />thereof which meets the requirements of subsection it) has
<br />been filed by the Secretary.
<br />n Place For Filing Notice; Form;
<br />11) Place For Filing The notice referred to m &:-
<br />section is) shall be filed -
<br />(A) Under State Laws
<br />(i) Real Property - In the case of real property. in one
<br />office within the Slate (or the county. or other governmental
<br />subdivision), as designated by the ;aws of such state, in
<br />which the properly subiect to the lien is situated: and
<br />(it) Personal Property - in the case of personal
<br />properly, whether tangible or !nian•gible, in one office
<br />within the State (or the county. or other governmental
<br />subdivision). as designated by the taws o' such State .
<br />in which the property subject ho the fen Is sltuai'c,
<br />Of
<br />(B) 'With Clerk Ot District Court - In the oft a! me Cifri, or
<br />the United States d!strlcl .out for the, .ca owlet n n. ¢'•I,
<br />the propany s,biecf to :el s a,ad x 11F _-
<br />lot by low des-gla!ado,eJtcewr•;,h i
<br />subparagraph * -if
<br />(6? with Recorder i'. :)eeds' : ='' -he Dirt t;.f Jc
<br />the office of the Recorder of Deeds off" Dist-I of C,01 'j
<br />-
<br />the props v� {ec?
<br />GrDirmbia
<br />00230
<br />ii
<br />r
<br />�i
<br />tZ) solve of Property Sobjecr To Lien - For purposes of
<br />paragraphs (1; and (4). property snail be deemed to na s ituated -
<br />(A) Real Property - in the case of real property, At its
<br />physical location: or
<br />(a) Personal Property - in the case of personal property,
<br />whether tangible or Intartgi at the residence of the
<br />taxpayer at the time the relics of lien is filed.
<br />For purposes of paragraph (2) (s), the residamx 010 corparation
<br />or partnership shall be deei¢ad to be the place At which the
<br />principal executive office of the business If located, and iM
<br />residence of a taxpayer Whose residence is without the United
<br />States shall be deemed to be in me District of Columbia.
<br />(3) Form - The form . and content of the nobs
<br />referred to in Subsection (a) Strait be proacrilled by the
<br />Secretary , Such notice shaft be valid notwithstanding any
<br />other provision of law regarding the form or content of a
<br />notice of fen.
<br />Note: See section 6323(b) for protection for
<br />certain interests even though notice of lien
<br />imposed by section 6321 is filets 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 !fen
<br />6. Real property tax and special assessment liens
<br />7. Residential property subject to a mechanics
<br />lien for certain repairs and improvements
<br />2. Attorney's liens
<br />9. Certain insurance contracts
<br />to. Passbook!oans
<br />iii) Refiling Of Notice, — For purposes of this
<br />section -
<br />' it) General Rule. -- Unless notice at liens rallied in
<br />the manner prescribed in paragraph 121 during the required
<br />ref :ing period. such notice of lien Shall be treated as filed on the
<br />date on which it is flied in accordance with subsection (11) after
<br />the expiration of such Telling period.
<br />Place For Filing. — „ r t f er, anted
<br />-
<br />iai if
<br />such notice of !is^ s refiled in the office n the
<br />,r or 110,,c- � :ten was filed and
<br />h, +se of r i, apr.ty, t
<br />e'a .,. .� hy
<br />±u rt,. ono
<br />.L
<br />! a f iYg CI Mice Gl I V `,.el 5. ,„J ly li,'..ri'. !'o
<br />lu
<br />fll
<br />i4 f 1
<br />Secretary received written Information (in the maMW
<br />prescribed In regulations issued by tiro Secretary)
<br />concerning a change In the taxpayer's reaidenca, it a notice
<br />of such lien Is also filed in accardanga with sulaWion (t) In
<br />the state in which arch ruldenue is located.
<br />(3) Required Raffling Period. — In the case
<br />of any notice of lion, the term "required Willing period" moans -
<br />(A) the one -year period ending 30 days alter the expiration
<br />of 6 years after the data of the assessment of the tax, and
<br />(B) the one -year period ending with the expirationof6yost$
<br />after the close of the preceding required falling period for
<br />such notice of lien.
<br />Sec. 6325. Release Of Lien Or
<br />Discharge Of Property.
<br />(a) 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 with respect to
<br />any internal revenue tax not later than 3D days attar the day on
<br />which -
<br />it) 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 lire), 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 'Pax Administration
<br />Purposes,
<br />121 CISUcsure o! amount or cutStane!np iien. -I: a notice et
<br />any person who urmshes satistmcto�y Witten c+rdence that he
<br />has aright ^. Ina properly s'Jbject ie fi,i., hi re, v: intends tr.
<br />.o,a a i„ _ _ c�-ny
<br />
|