Instructions On How To Apply For A Certificate Of Discharge Of Property From Federal Tax Lien (Page 2 of 4) in pdf

Furnish information to establish the value of

12. As discussed further below under “Additional

the property. If the certificate is requested

Information,” making an application and deposit

under section 6325(b)(1) furnish an estimate

(or providing a bond) under section 6325(b)(4)

of the fair market value of the property, which

provides a judicial remedy not available for an

will remain subject to the lien. In addition,

application and payment made under section

6325(b)(2). Therefore, unless the right to make

a. If private sale – Submit written appraisals

a deposit under section 6325(b)(4) is waived in

by two disinterested persons qualified to ap-

writing, an application made by a third party

praise the property, and a brief statement of

owner of property will be treated as one made

each appraiser’s qualification.

under section 6325(b)(4), and any payment

b. If public sale (auction) already held –

made will be treated like a deposit under

Give the date and place the sale was held,

section 6325(b)(4).

and the amount for which the property was

sold.

If you are an owner of property (other than

c. If public sale (auction) to be held – Give

the taxpayer) and you wish to submit an

the proposed date and place of the sale,

application under section 6325(b)(2), you

and include a statement that the United

must waive the rights that would be avail-

States will be paid in the proper priority from

able if the application were made under

the proceeds of the sale.

section 6325(b)(4). Add the following lan-

guage to the application immediately prior to

Give any other information that might, in your

the declaration described in paragraph 15,

opinion, have bearing upon the application,

below: “I understand that an application and

such as pending judicial actions.

payment made under section 6325(b)(2) does

not provide the judicial remedy available under

10. The Technical Services Group Manager may

section 7426(a)(4). In making such an applica-

request that you furnish additional information.

tion/payment, I waive the option to have the

11. If you are submitting the application under the

payment treated as a deposit under section

provisions of section 6325(b)(3), dealing with

6325(b)(4) and the right to request a return of

the substitution of proceeds of sale, attach a

funds and to bring an action under section

copy of the proposed agreement containing the

7426(a)(4).”

following:

13. Give the name, address and telephone number

a. The name and address of the proposed es

where you may be reached.

crow agent.

14. Give the name, address and telephone number

b. The caption, type of account, name and

of your attorney or other representative, if any.

address of depositary for the account.

15. If you have made an application under section

c. The condition under which the escrowed

6325(b)(4) and disagree with the Service’s

funds are to be held.

determination of the value of the government’s

d. The conditions under which payment will be

interest, you should provide the Service with

made from escrow, including the limitation

specific reasons why you disagree with it’s

for negotiated settlement of claims against

determination.

the fund.

16. Make the following declaration over your

signature and title: “Under penalties of

e. The estimated costs of the escrow.

perjury, I declare that I have examined this

f. The name and address of any other party

application, including any accompanying

you and the Technical Services Group

schedules, exhibits, affidavits, and statements

Manager determine to be a party to the

and to the best of my knowledge and belief it is

escrow agreement.

true, correct, and complete.”

g. Your signature, and those of the escrow

agent, the Technical Services Group

Additional Information

Manager and any other party to the escrow

agreement; and

Please follow the instructions in this publication

when applying for a Certificate of Discharge of

Any other specific information the Technical

Property from Federal Tax Lien.

Services Group Manager requests.

Instructions On How To Apply For A Certificate Of Discharge Of Property From Federal Tax Lien Page 2

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