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Damiens Law Firm

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Tax Lien Attorney for IRS Liens

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  • Tax Problems
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  • "Excellent and professional work helping with our business and personal legal and estate planning needs."

    - Natural Restorations

  • "I would highly recommend this firm to anyone needing legal assistance."

    - Julian Wolfe

  • "I have referred all of my clients with any Tax related issues to Joseph Damiens."

    - Damian Holcomb

Tax Lien Attorney Services

You may not have realized there was a tax lien against you until you attempted to sell property, refinance your home, or complete a title search, or maybe you’ve known about the lien for years and now need to resolve it. Either way, the first step is learning about your options and getting help. 

At Damiens Law, we help individuals and businesses handle federal and state tax liens. When you contact us, we’ll review what steps the IRS has already taken, find the right form of relief for your case, and help you get back on track. Call us at 601-957-9672 to schedule a consultation now.

Need Help With Tax Liens? You’re In the Right Place If…

Our tax lien services may be right for you if:

  • You’ve received a Notice of Federal Tax Lien.
  • You found a tax lien during a title search.
  • A lien is interfering with the sale of your home or another asset.
  • You want to refinance an asset, but a tax lien is in the way.
  • A tax lien is affecting business lending or financing.
  • You paid off your tax debt, but the lien is still in the public record.
  • You need a tax attorney to help you get a lien withdrawn, discharged, or subordinated. 

Our tax attorneys can also help if you have a lien filed against you and are facing increasingly aggressive IRS collection activity. We also help taxpayers deal with Mississippi or Tennessee tax liens. If you’re ready to get help, we’re here. 

What is a Tax Lien?

A tax lien is the government’s legal claim against your property for unpaid tax debt. A federal tax lien attaches to all of your assets, including real estate, personal property, financial assets, and certain business property. It covers everything you own at the time the lien is issued and anything you acquire after. 

The IRS can file tax liens for any unpaid back taxes, including unpaid payroll taxes or tax liabilities from an IRS audit. 

If the IRS files a Notice of Federal Tax Lien in the public record, it notifies creditors of the IRS’s interest in your property. A lien is often a precursor to a levy where the agency takes your assets. If you’re facing a levy, Damiens Law can help you with our levy services.

How Damiens Law Helps With Tax Lien Relief

There are multiple ways to resolve tax liens. The right option depends on why you want to address the levy, the status of your tax debt, and your IRS collection history. After we get a better understanding of your current tax situation, we’ll explain our recommendations, which may include:

Lien Release

A release terminates the actual lien. This generally happens when you pay the liability in full. The IRS usually releases a lien within 30 days of full payment, although other circumstances can affect whether and when a lien is released.

Lien Withdrawal

A withdrawal removes the public Notice of Federal Tax Lien, but it does not eliminate the underlying tax debt. Damiens Law can look at your tax situation and prepare Form 12277, Application for Withdrawal of Filed Notice of Federal Tax Lie,n when appropriate.

Discharge

If you only need access to a specific piece of property under a lien, a lien discharge may be the right option. The lien remains in pla,ce but one piece of property is excluded from it. Eligibility may depend on the value of other property and the circumstances of the transaction.

Lien Subordination

Subordination does not remove the lien. It allows another creditor to move ahead of the IRS’s lien. Subordination may allow a refinance, loan, or other transaction to go through. The IRS may grant this request if subordination improves your ability to pay the tax debt.

Why You Should Act Now: How a Tax Lien Can Escalate

A tax lien on its own can cause serious issues for taxpayers, but if you don’t resolve the tax debt when the IRS files a lien, you’ll also face:

  • Increasing penalties and interest
  • More collection notices from the IRS or a state tax agency
  • Enforced collection actions, including garnishing your wages, seizing the funds in your bank account, or levying physical property.

What the Tax Lien Resolution Process Looks Like

Each lien case is different, but at Damiens Law, our process starts with getting a full understanding of your tax situation and goals. From there, we build a plan tailored to your needs and what you hope to accomplish:

  1. Consultation. During your initial consultation, we discuss the lien, your tax debt, your general financial situation, and what immediate problem needs to be solved.
  2. Transcript and account review. Once you have retained our team, we review your full IRS records to identify the steps taken against you, any resolution efforts you have made, and deadlines that pertain to your case. Learn more about our transcript review services by exploring our tax relief services.
  3. Strategy. Depending on your goals and the details of your lien, we may recommend release, withdrawal, discharge, or subordination. We may also explore tax debt resolution options.
  4. Application or negotiation. Once we have decided on a strategy, we prepare the necessary request and supporting documentation. We handle all communication with the IRS or state tax authority. 
  5. Follow-up. Once we have submitted the necessary documentation and forms, we monitor the matter and handle requests for additional information.

Resolving the Tax Debt Behind the Lien

Addressing the lien only handles one part of your tax problem. You likely also need to make arrangements on the underlying tax liability. Some of the tax relief services we offer include:

  • IRS payment plan or installment agreement: A payment plan may allow you to pay your balance over time, putting less pressure on your monthly budget while keeping you compliant with IRS requirements.
  • Offer in compromise: If you cannot pay your balance in full, either in one lump sum or over time, the IRS may accept an offer that’s less than what you owe.
  • Currently not collectible status: The IRS can temporarily halt collection efforts if paying your tax debt would cause qualifying financial hardship.
  • Penalty abatement: If your penalties qualify for reduction or removal, penalty abatement may decrease what you owe.
  • Innocent spouse relief: If your tax debt is the result of a spouse’s or ex-spouse’s mishandling of your taxes, you may be eligible for relief.

The right approach is based on more than just your total tax debt. We’ll look at your income, assets, disposable monthly income after allowable expenses, tax compliance history, and your overall ability to pay when making a plan.

Mississippi and Tennessee State Tax Liens

Damiens Law also helps taxpayers struggling with state tax liens in Mississippi and Tennessee. The Mississippi Department of Revenue may file liens for unpaid individual and business taxes, while the Tennessee Department of Revenue typically files business tax liens.

Learn more about our Mississippi business tax lien services. Whether you are facing state tax liens on their own or at the same time as federal tax liens, we’ll help with a tailored tax resolution approach.

When Is It Time to Hire a Tax Lien Attorney?

If you have already paid your tax debt in full and you’re just waiting for the government to release your lien, you may not need to hire a tax lien attorney. The IRS will often release the lien within 30 days of payment.

Legal help is recommended when the lien is interfering with a major transaction, you owe more than you know how to pay, your tax debt spans multiple years, or you disagree with what you owe. If you believe subordination, discharge, or withdrawal may suit your specific needs, a legal professional can help you navigate that process successfully.

Why Choose Damiens Law?

Damiens Law offers attorney-led representation for taxpayers struggling with serious federal and state tax problems. We represent clients across the country in IRS matters, and we maintain offices in Mississippi and Tennessee to help local taxpayers with state matters. 

When you contact us for help, our team will review your tax situation in full, communicate with the tax agencies, evaluate collection alternatives, and build a strategy with your long-term financial success in mind. 

Our free downloadable tax guide has helped many taxpayers take control of their finances and tax compliance.

Frequently Asked Questions

Can a tax lien be removed before I pay the full balance?

Full payment generally results in release of a federal tax lien, but other options may be available if you cannot pay in full. Withdrawal may remove the public notice, while discharge can protect certain property from the lien. Subordination may allow another creditor to move ahead of the IRS.

Does a tax lien show up on my credit report?

Tax liens no longer show up on credit reports. However, lien filings are still public record, so creditors, title companies, and business partners can still uncover them via public record searches.

What is the difference between a lien release and a lien withdrawal?

The IRS releases the lien when you no longer owe the tax liability. A withdrawal removes the filed Notice of Federal Tax Lien from the public record, which can happen after the lien is released or when you set up a qualifying payment plan. 

How long does it take to process a lien withdrawal?

The processing time depends on whether the IRS needs additional documentation and the complexity of your case.

Can a tax lien block me from selling my house?

A lien can complicate or delay the sale of your home because the government has a legal claim against property subject to the lien. The lien may be paid from the proceeds, or a discharge may be necessary to remove the property from the lien.

Can a tax lien interfere with refinancing?

Yes. Lenders may not want to proceed when the IRS has priority over their security interest (in other words, the home used as collateral on the loan). Subordination may allow a lender to move ahead of the IRS in line.

Contact Damiens Law About Your Tax Lien

A tax lien doesn’t mean that your tax problem is too far gone to solve. It just means you need the right help. Our experienced team is ready to provide the hands-on support you need. Call us at 601-957-9672 or contact us online to plan your next steps with Damiens Law.

Contact Damiens Law Firm for IRS Tax Lien Support

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Understanding Your Rights as a Taxpayer

As a taxpayer facing a federal tax lien, it's essential to understand your rights to protect your financial interests. The IRS must adhere to specific regulations when imposing liens, which means you have legal avenues to challenge or negotiate the lien. Knowing your rights can empower you to take action and seek professional help when necessary.

For instance, you have the right to receive a notice from the IRS before a lien is filed, allowing you to address the situation proactively. Additionally, you can contest the lien if you believe it was filed in error or if you have already settled your tax debt. Consulting with a tax lien attorney can help you navigate these rights effectively and explore options for resolution.

Steps to Resolve an IRS Tax Lien

Resolving an IRS tax lien involves a series of steps that can help restore your financial standing. The first step is to pay the owed tax debt in full, which will lead to the release of the lien within 30 days. If paying in full isn't feasible, you might consider setting up a payment plan or exploring an Offer in Compromise, which allows you to settle your debt for less than the full amount.

Moreover, you can request a lien withdrawal once you have made arrangements to pay your tax debt, which removes the public notice of the lien. This can significantly improve your chances of securing loans or credit. Each of these options has its own requirements and implications, making it crucial to work with a qualified attorney who can guide you through the process effectively.

The Impact of Tax Liens on Future Financial Opportunities

Tax liens can have a profound impact on your future financial opportunities, affecting your ability to secure loans, mortgages, or even employment. Lenders often view tax liens as a red flag, which can lead to higher interest rates or outright denials of credit applications. Understanding this impact is vital for anyone dealing with a tax lien.

For example, a tax lien can lower your credit score, making it difficult to qualify for favorable loan terms. Additionally, landlords may conduct credit checks that reveal the lien, potentially affecting your ability to rent a home. Being aware of these consequences can motivate you to take action to resolve the lien and mitigate its effects on your financial future.

Common Myths About IRS Tax Liens

There are several myths surrounding IRS tax liens that can mislead taxpayers and exacerbate their stress. One common misconception is that tax liens can be ignored or will go away over time. In reality, tax liens remain on your credit report for up to seven years, and failing to address them can lead to severe financial repercussions.

Another myth is that paying off the lien will automatically remove it from your credit report. While it is true that the IRS will release the lien once the debt is settled, the lien itself may still affect your credit score for several years. Educating yourself about these myths is crucial to effectively managing your tax situation and making informed decisions.