Selling Your Property
The IRS conducts several different types of property sales. For sales of seized property conducted under IRC sections 6335 and 6336 the following applies.
We will post a public notice of a pending sale, usually in local newspapers or flyers. We will deliver the original notice of sale to you, or send it to you by certified mail.
After placing the notice, we must wait at least ten days before conducting the sale, unless the property is perishable, and must be sold immediately.
Before the sale, we will compute a minimum bid price. This bid is usually 80% or more of the forced sale value of the property, after subtracting any liens.
If you disagree with the Fair Market Value or forced sale value, you can appeal it; and ask that the price be computed again by either an IRS or private appraiser.
You may also ask that we sell the seized property within 60 days. For information about how to do so, call the IRS employee who made the seizure. We will grant your request, unless it is in the government's best interest to keep the property. We will send you a letter telling you of our decision about your request. After the sale, we first use the proceeds to pay the expenses of the levy and sale. Then we use any remaining amount to pay the tax bill.
- If the proceeds of the sale are less than the total of the tax bill and the expenses of levy and sale, you will still have to pay the unpaid tax.
- If the proceeds of the sale are more than the total of the tax bill and the expenses of the levy and sale, we will notify you about the surplus money and will tell you how to ask for a refund. However, if someone, such as a mortgagee or other lien holder, makes a claim that is superior to yours, we will pay that claim before we refund any money to you.
Note: This page contains one or more references to the Internal Revenue Code (IRC), Treasury Regulations, court cases, or other official tax guidance. References to these legal authorities are included for the convenience of those who would like to read the technical reference material. To access the applicable IRC sections, Treasury Regulations, or other official tax guidance, visit the Tax Code, Regulations, and Official Guidance page. To access any Tax Court case opinions issued after September 24, 1995, visit the Opinions Search page of the United States Tax Court.