Tax Liens & Seizures

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McFarlane Law, PLC
14500 N. Northsight Blvd, Suite 217
Scottsdale, AZ 85260

Phone: 480-991-0032
Fax: 480-483-6673

What if the IRS or ADOR Goes After Your Property, Wages, or Bank Accounts?

The IRS and ADOR have many ways to collect unpaid taxes, interest and penalties. Some of the most serious measures are the placement of tax liens on real estate and the seizure of moveable property. Tax liens, levies, garnishment, and/or seizures are the way that the Internal Revenue Service gets your immediate attention.

Before the IRS can take any of these actions, the IRS must issue a “Final Notice of Intent to Levy and Notice of Your Right To a Hearing” to the taxpayer, allowing up to 30 days from the date of the Final Notice to pay in full or to find another solution. A timely objection or protest can stop the levy and allow us to discuss and attempt to resolve your case. We often settle with an IRS Payment Plan.

At McFarlane Law, PLC, our experienced tax lawyers (a former IRS prosecuting attorney) can help you deal with these consequences by negotiating with the IRS or ADOR, or to  pursue a tax appeal if appropriate. We know how the IRS and ADOR think and react. We have personal relationships with collection agents and officers and appeals officers. These relationships are most valuable to our clients when in negotiations to resolve a taxpayers controversy. Based in Scottsdale, but representing Arizona taxpayers and clients throughout the United States in dealings with the IRS, the ADOR and local taxing authorities, we resolve your tax problems. Don’t hesitate to contact us to learn more about your legal options. Call us before your rights to protest expire!

Dealing With Tax Liens on Homes and Other Real Estate

A tax lien is a recording that is made with the county recorder where your property is located, indicating that you have a tax liability. A tax lien is one type of mechanism used by the government to collect assessed taxes, penalties and interest.

A tax lien does not prevent you from selling or refinancing your property, but it does make both of those processes much more complicated. We can help you request subrogation of the IRS or ADOR lien or otherwise and to temporary lift the lien should you need financing.

If you want to sell your property, it will be necessary to pay your tax debt in the closing statement. If you want to refinance or are attempting to work out a mortgage modification with your bank, we will need to work with the IRS to pursue subrogation of their position to that of the mortgage lender.

Protecting Seized Property From Being Sold

The IRS and other state and local government tax authorities may also pursue seizure of vehicles and other property in order to repay tax debts. If your property has been seized, you likely have about six to nine months before the government will be allowed to sell the property. If your assets have been seized, it is important that you immediately contact us so that we may timely and effectively defend your appeal or protest rights and interests.

During this time, if you demonstrate a good faith intent to pay your tax liability or otherwise cooperate with the IRS, they will often not continue with their collection activities. We will guide you through the process of working with the IRS to avoid having your property sold off.

By engaging our services, we can secure a temporary freeze on further collection activity, providing us with sufficient time to analyze your situation and determine the best course of action. For many taxpayers, this could lead to an Offer in Compromise or Installment Agreement. Call us to discuss what we can do to help.

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