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Does prepetition IRS lien become attached post-discharge only to...
Generally speaking Yes, with one exception, no property or rights to
property belonging to the taxpayer is exempt from attachment of the federal tax
lien except as follows. Treas. Reg. 301.6321-1 provides "... any interest
in restricted land held in trust by the United States for an individual
noncompetent Indian (and not for a tribe) shall not be deemed to be property,
or a right to property, belonging to such Indian."
And again generally speaking even property acquired by the taxpayer afterthe lien has come into existence.
Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
562-924-8922
In a message dated 1/16/2013 9:42:16 A.M. Pacific Standard Time,
kirkinhermosa@gmail.com writes:
The lein attaches even if the schedule B assets were exempt?
On Jan 15, 2013 1:48 PM, "Dennis McG" wrote:
On Tue, Jan 15, 2013 at 12:41 PM, Alik Segal wrote:
Mates,
I am sure this has come up before, but I cannot come up with the right keywords to find it.
After IRS files a lien, the debtor files bankruptcy and receives a
discharge. All tax debts were dischargeable. The personal property os Schedule B
was worth a total of $10,000.
1. Does the IRS have a lien on those specific items listed in schedule
B?
yes
2. Does the IRS lien attach to new property acquired after discharge
including wages and bank accounts?
no
3. Does the total amount owed at discharge (total value on schedule B)
remain the same except for interest?
yes
Alik
You can call and ask the IRS what amount they want to collect to abate thelien. They will tell you. Client pays, lien gone.
Or, you can file a 13 and pay the 10k in a plan. put in misc provisions
lien is void after plan is paid.
dennis
The post was migrated from Yahoo.