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5.12.6  Procedures for Lien Processing

5.12.6.1  (11-30-2007)
Management and Responsibility

  1. Collection Policy has overall responsibility for the lien program and the Automated Lien System (ALS).

    1. Forward requests for "Omni" (universal) access to the ALS database to Collection Policy, Technical and Insolvency, for approval.

    2. The request will contain the reason Omni access is required and when access is needed. Requests may be submitted via e-mail.

    3. Collection Policy will respond to requests within five business days.

    4. Authorization to add Omni users will be provided to ALS programmers.

  2. Based on policies established by Collection Policy, Centralized Case Processing is responsible for:

    1. Processing requests for and maintaining Notices of Federal Tax Lien (NFTL) generated by the Automated Lien System (ALS).

    2. Processing requests submitted by Insolvency and Advisory for partial withdrawals, partial releases, and estate tax liens (See IRM 5.5.8 for estate tax lien processing procedures).

    3. Issuing lien certificates related to NFTLs, such as releases and withdrawals, generated by the system.

    4. Facilitating payment of recording fees to the appropriate recording official.

    5. Administration of the ALS database, including but not limited to, adding and removing users, resolving exception reports, providing assistance to other functional users.

    6. Responding to written and telephone requests for lien payoffs and releases.

    7. Mailing all documents timely.

    8. Liaison with internal and external stakeholders.

5.12.6.1.1  (11-30-2007)
Managing the Lien Process

  1. Managing the lien process encompasses many aspects.

  2. Reviewing lien documents for completeness, for example, ensuring there is a name, address, balance due, and tax period information on each NFTL.

  3. Ensuring lien documents are timely processed, including:

    1. Form 668(Y)(c), Notice of Federal Tax Lien,

    2. Form 668Z, Certificate of Release of Federal Tax Lien,

    3. Form 10916(c), Certificate of Withdrawal of Notice of Federal Tax Lien,

    4. Form 12474, Revocation of Certificate of Release of Notice of Federal Tax Lien,

    5. Form 12474A, Revocation of Certificate of Release of Notice of Federal Tax Lien (Self-Releasing),

    6. NMF lien releases,

    7. Form 668H, Estate Tax Lien,

    8. Form 668J, Estate Tax Lien.

  4. Inputting court recording data timely.

  5. Responding to requests for information on lien documents.

  6. Providing copies of lien documents to employees and taxpayers generated by the ALS system.

  7. Ensuring timely resolution of ALS generated reports.

    1. MF SATMOD Reject Report

    2. NMF SATMOD Reject Entity Report

    3. TC 360 Reject Report

    4. NMF TC 360 Report

    5. Lost Lien Report

    6. Potential Refile Report (CLU does not resolve this report, but will provide copies for other functions.)

    7. Missing POD Listing

    8. ACS/ICS Reject Report

    9. Nullified Distribution Report (Unpostables)

      Note:

      This report is not generated by ALS. CLU employees use Control D to locate unpostable TC 582s for resolution.

  8. Establishing positive lines of communication with internal and external customers. For example:

    1. establishing a liaison between the Automated Call Site (ACS) and the Centralized Lien Unit to enable effective and efficient resolution of problems.

    2. contacting Area Counsel and Area Governmental Liaison staff.

    3. practitioners

    4. enrolled agents

    5. compliance officers, i.e., revenue officers, insolvency technicians, Advisors, OIC specialists, tax examiners, etc.

    .

  9. Establishing a lien quality review process for the creation of liens.

    1. Is the taxpayer's name (first and last) correct?

    2. Is the city, state and zip code correct?

    3. Is the recording information, i.e., county and state, correct?

    4. Has the tax period information been added?

    5. Is there a total balance due at the bottom of Form 668(Y)(c)?

    6. If a low dollar lien, was the amount verified on IDRS.

  10. Establishing quality review procedures for processing lien documents prior to mailing, to determine if the following actions were taken:

    1. Were office support vouchers attached?

    2. Were documents signed?

    3. Were document signatures legible and within the signature space?

    4. Were all documents accounted for?

    5. Had any documents been removed?

    6. Was appropriate documentation attached?

    7. Was the billing voucher annotated and documentation attached?

    8. Did all releases have recording information listed?

    9. Were two copies sent to those recording offices that require it?

    10. Were return envelopes attached when required?

    11. Were envelopes prepared for the correct county?

    12. Were all documents aligned with the correct billing support voucher?

  11. Quality review processes should also be established for payoff and telephone assistance. The review process and methodology will be developed by Compliance Services, Case Processing.

  12. Certifying payment of recording fees.

5.12.6.1.2  (03-15-2005)
Managing Work Processed During Dead Cycles

  1. Master file updates its systems during the middle of December through the first week of January, each year. This period is known as the " dead cycles" . During this time, master file does not provide Status 12 extracts or DIAL downloads to ALS.

  2. Systemic releases do not occur until the Dead Cycles are complete.

  3. Lien releases can be manually input to ALS during this time.

  4. Document processing will continue in accordance with established time frames.

  5. Certificates of release must be processed within the established 30 day time frame. Therefore, when master file is back on line, immediate processing must occur, including printing and mailing of certificates of release.

  6. Transaction codes 582 and 360 for work processed during this time period will be posted when master file resumes processing.

5.12.6.2  (11-30-2007)
Functional Coordinator Responsibilities

  1. The ALS Functional Coordinator is located in the Field Office Resource Team (FORT) at the Cincinnati Campus. Some of the responsibilities of the ALS Functional Coordinator include, but are not limited to:

    1. Establishing permissions and menu groups for users.

    2. Generating and providing reports to the appropriate management official.

    3. Updating local files and/or permissions.

    4. Serving as a resource person for users experiencing problems, responding to questions, etc.

    5. Periodically reviewing all ALS permissions to ensure menu accuracy.

  2. Contact the coordinator when you require assistance with the ALS.

5.12.6.2.1  (11-30-2007)
ALS Permissions

  1. While Collection Policy governs most aspects of the ALS system, the ALS Functional Coordinator ensures permissions are accurate and current using information provided by functional managers. NOTE: See IRM 5.12.6.1(1) for employees requesting Omni access.

  2. An On-line (OL) 5081 (in rare instances - paper Form 5081) must be approved by the appropriate manager. This is used to request user additions, name changes, or deletions. If a paper Form 5081 is submitted, ensure all required signatures have been obtained prior to forwarding the form to the system administrator and maintain a copy of the paper form.

  3. The OL5081 for new users should indicate the types of permissions or capabilities the employee requires; i.e., research, create, approval, temporary access vs. permanent access, etc. Subsequent changes affecting the user's account, with the exception of a name change or deletion, may be accomplished via e-mail, memorandum, or OL5081 forwarded by the manager or his designee to the functional coordinator. Functional coordinators names and phone numbers are located on SERP/Automated Lien System, Who/Where.

    Note:

    Deleting employees from ALS should not occur without the functional managers approval, including those received from systems administrators.

  4. Updates to user profiles and issuance of passwords must be made by CLU within three (3) days of receipt of request.

  5. The functional coordinator works with the employee's manager and/or the Policy Lien Program Analyst, when necessary, to ensure proper permissions are given. See Exhibit 5.12.6-1, ALS Permissions Chart

  6. Functional managers will create and provide an IDRS TSIGN number for all employees added to ALS. (See ADP Handbook, Section 11, Collection, for guidance.) Employees cannot be added to ALS without a TSIGN. ALS uses the TSIGN number to associate lien requestor (and approver) information with lien documents. Therefore, ensure employee Integrated Data Retrieval System (IDRS) TSIGN numbers are included on ALS access requests. ALS access requests cannot be processed unless employee TSIGNs are provided.

    Note:

    ALS programmers and Compliance Policy staff do not provide TSIGNs for ALS use. Occasionally, the ALS Functional Coordinator will assist functional managers.

  7. When removing or requesting employee permissions employee, provide the following employee information:

    1. function., i.e., (MOIC, COIC, CIO, etc.),

    2. mailing address,

    3. job title,

    4. telephone number, and

    5. employee identification number.

  8. Retired or resigned employees will be removed from the database immediately upon notification. The OL5081 process or e-mail may be used.

5.12.6.3  (11-30-2007)
Creating the Notice of Federal Tax Lien Form 668(Y)(c), Using ALS

  1. Notices of Federal Tax Lien (except estate tax liens) will be filed through the Automated Lien System (ALS).

  2. Follow instructions in the ALS User Guide to create the lien when using the ALS system. The following information is required:

    1. Entity information: taxpayer identification number, name and address, as well as the name control.

      Note:

      Currently ALS systemically partially redacts SSNs on original lien filing requests issued after 1/2006. Release, withdrawals, revocations, etc., associated with documents issued prior to 1/2006 are issued with full SSNs. Effective January 2008, SSNs will be partially redacted (xxx-xx-1234) on all documents sent to recording offices, including those where the original document was recorded the full SSN.

      Note:

      ALS will reject, to the originator, any NFTL with an incomplete address. DO NOT issue NFTLs with SSNs or "Local" in the street address line, numbers, i.e., 12222 without a street name; a blank street name, etc.

      Note:

      ICS users should update any incomplete address on ICS prior to requesting the lien through ICS.

    2. Tax assessment information: MFT, tax period, assessment date, taxpayer identification number, last date for refiling, and the unpaid balance of assessment.

    3. Recording Office information: place of filing and the recording office address.

      Note:

      If a NFTL is rejected by the recording office, secure e-mail the originator, attach a copy of the rejected document and explain the reason for the rejection.

    4. Administrative information: employee name, assignment number, phone number and location.

  3. Requests for filing and refiling NFTLs, will be submitted by secure e-mail to the Centralized Lien Unit (CLU), if the user does not have Create and/or ALS Refile permissions. See Exhibit 5.12.6-3, Request for Filing or Refiling a Notice of Federal Tax Lien.

  4. CLU will complete requests received from revenue officers (these should be rare). This should be restricted to instances where the revenue officer may not have access to ICS, i.e., locked out of computer, computer broken, etc.

    Note:

    Amended and nominee/alter ego/transferee liens may require special handling, such as the suppression of the collection due process notice. Sufficient information will be input to ALS to ensure the appropriate CDP notice is generated.

5.12.6.3.1  (11-30-2007)
Creating NFTLs From Form 12636

  1. Generally liens are systemically created on ALS from ICS or ACS data. Employees in the walk-in, correspondence, Appeals, Examination (Innocent Spouse examiners) and toll free areas do not have ALS access.

  2. Lien documents received by CLU from these employees will be created within five days of receiving the request.

  3. Appropriate forms, such as, Form 12636 will be secure e-mailed to CLU for preparation of NFTLs by employees without ALS access. The information outlined in 5.12.6.3(2) will be provided in all requests.

    1. Review Form 12636 to determine if all the information required to prepare the NFTL has been provided prior to submission.

    2. The name and telephone number of the contact person for generation of the CDP notice, is provided.

    3. The lien unit may contact the requester for additional information, if necessary.

  4. The employee requesting the NFTL will provide the appropriate employee identification number and contact telephone number for their particular location. This information is not available in CLU.

  5. Provide entity information regarding the spouse, POA, partners, etc.

  6. Follow up CDP actions will be ACS Support's responsibility, for employees identified in (1) above.

5.12.6.3.2  (11-30-2007)
Manually Created NFTLs

  1. As a general rule there are two conditions that require a manual NFTL. ICS users see IRM 5.12.6.3.2.2

    1. Requests by revenue officers who are personally carrying the NFTL to the recorders.

    2. Requests by employees without access to the ALS.

  2. Manually prepared NFTLs will be kept to a minimum. The information described in IRM 5.12.6.3 will be used to prepare the NFTL.

    Note:

    Remember to redact the SSNs when appropriate.

5.12.6.3.2.1  (11-30-2007)
Requests for CLU to Input NFTL from Employees Without ALS

  1. Employees without access to ALS will secure e-mail a request to CLU to prepare the NFTL or obtain a SLID if preparing a manual NFTL.

  2. Complete Form 12636 for CLU to prepare the NFTL.

    Note:

    This is a fillable form, located on the Intranet and can be downloaded and saved to your computer for future use.

    Note:

    ALS will perform the routine upload of appropriate transaction codes.

  3. Employees may research ALS using the taxpayer's TIN to determine if the NFTL has been requested.

5.12.6.3.2.2  (11-30-2007)
Revenue Officer Use ICS to Manually Prepare NFTLs

  1. Revenue officers hand carrying NFTLs for immediate recordation will select the manual ICS lien process on the ICS system to receive a SLID notification via ICS to prepare NFTLs prior to requesting the NFTL.

    Note:

    CDP notices are systemically generated by ALS for ICS manually prepared liens.

  2. Type the lien information, including serial number obtained from ICS, into the macro Form 668(Y)(c).

    Note:

    Only serial lien identification (SLID) numbers generated by ICS or ALS will be used on NFTLs. Revenue officers will not "create (make-up)" SLID numbers. NFTLs issued without systemically generated numbers will not be released by ALS. Refer to the ICS User Guide for assistance or contact your manager.

  3. Print the macro NFTL on your local printer.

  4. When hand carried to the recording office, recording fees may be added to the employees travel voucher for reimbursement or the recorder may send the bill to CLU for payment.

    Note:

    CLU has arranged with some recording offices to allow ROs to add NFTL fees to the monthly billing invoice. You will need to speak with the CLU team responsible for your area to determine if this method is available. If so, provide the recording official with Form 3982, Billing Support for Liens and Certificate Fees.

  5. Revenue officers are responsible for inputting recording data within 2 business days of filing the NFTL.

    Note:

    If recording data is not input to ALS, timely lien release may not occur.

5.12.6.3.2.3  (11-30-2007)
Filing NFTLs in Jeopardy Situations

  1. Revenue officers will request a SLID from the CLU when preparing NFTLs when faced with jeopardy situations.

  2. Hand carry the NFTL to the recording office, if possible.

  3. If the lien filing is out of the area, initiate an OI with the manager's approval. Determine the RO group working that area and forward the request attached to Form 3210 for NFTL filing.

  4. Note on the front of the OI that this is a jeopardy situation and that immediate recordation is required.

  5. The RO group receiving the OI will hand carry the NFTL to the recording office.

  6. The acknowledgement copy of the 3210 with a copy of the recorded document will immediately be returned to the originating office.

  7. The originating revenue officer will input the recording information to ALS.

5.12.6.3.3  (11-30-2007)
Duplicate NFTL

  1. All employees will research IDRS or ALS before inputting NFTL requests to ensure duplicates are not requested. If CLU is inputting the NFTL, notify them immediately.

  2. If research indicates a previously recorded NFTL exists, do not request a new lien. If CLU is inputting the NFTL, notify the requesting employee.

  3. If a duplicate NFTL is recorded, issue Letter 2440, Notification of Duplicate Notice of Federal Tax Lien Filing to notify the taxpayer when duplicate liens are filed. CLU or revenue officers may issue L2440.

  4. Regardless of the reason for a duplicate lien filing, the last document recorded will be withdrawn.

  5. When duplication occurs at the recording office because both copies of the NFTL are recorded or duplicate notices were mailed, CLU will submit a request for withdrawal to Collection Advisory. Do not use ALS to prepare the withdrawal. Use the Intranet fillable form (Form 10916(c).

  6. Revenue officers who inadvertently record a duplicate NFTL will submit and obtain approval of the withdrawal through Advisory. When approval is received, they will secure e-mail the prepared and signed withdrawal to CLU. Recording information for the second recorded NFTL will be placed on the withdrawal.

  7. If the originator is no longer assigned the case, forward the request to the Advisory area where the taxpayer resides for approval.

  8. Recording fees for withdrawals will not be posted to the taxpayer's account.

5.12.6.3.4  (11-30-2007)
Adding Recording Data to ALS

  1. The priority of the federal tax lien amongst other creditors is determined by the filing date and time. In regard to a federal tax lien that attaches to real property, state law may impact the priority accorded to the lien if it requires that the document filed also be indexed and arranged in local records in such manner that a reasonable inspection of the index will reveal the existence of the notice of federal tax lien. Most recording offices provide recording or indexing data which includes the date, time, book number, page number, and time of the recording. It is important to accurately and timely input correct recording office data. Recording data (book number, page, etc.) differ amongst recording offices, i.e., some use the recording number, some use the book and page, some use the serial numbers, some use a combination of the above. The court input data screen is set by the ALS functional coordinator.

  2. Immediately input recording data (daily) when received, but no later than 2 business days after receipt. If ALS access is not available secure e-mail or fax the recording data to the CLU.

  3. If the employee has appropriate ALS permissions, input the recording data by taking the following steps:

    1. Select "Input Court Recording Data" from the "ALS Lien Application Menu" or type the literal " court" at the prompt.

    2. Select a specific lien by using the standard options displayed at the bottom of the screen.

    3. Select #7 Record, after accessing the correct lien.

      Note:

      If researching by TIN or NAME, select #5 and choose the correct SLID for update. Then select #7 Record.

    4. Enter all recording data provided by the recording office by following the prompts. The cursor will be at the date field. (a) Date – date notice was filed, mmddyyyy. (b) Time – records time and day recorded, hhmm (after 12:00 PM you must enter the hour using military time, for example, 1:00 PM is 1300, 2:00 PM is 1400, etc.). (c) Book – number of the book where the lien is recorded. (d) Page – page number of the recording book. (e) UCC – Uniform Commercial Code number assigned to the lien. (f) NO – serial number assigned to lien as a recorder’s reference.

    5. Press "N" or type "OK" at the prompt, if you need to edit the record. This will allow you to re-input entries.

    6. Press "Y" to return to the lien record.

    7. Press "E" to return to the lien menu or CTRL "U" to exit.

  4. When inputting recording data, review the lien to verify that the county identified on the lien matches the county where the lien was filed. This is very important since it establishes our lien priority.

  5. If the (filing location) counties don't match, contact the appropriate lien team for assistance with the correction. The team will assist with any corrective action they deem appropriate. The lien may not be properly released in the correct county if the appropriate information is not found on ALS once the tax liability is satisfied.

  6. Add an ALS history with an explanation of the error.

    Note:

    When revenue officers manually release NFTLs, they must ensure recording information from the original lien is included on the certificate of release and information CLU for ALS cross-referencing.

5.12.6.3.5  (11-30-2007)
Correcting the NFTL

  1. The ALS database should always contain NFTL records that mirror information filed at recording offices. Exceptions are documents not created by ALS or changed after generation.

  2. An error may be corrected prior to the NFTL being mailed (normally within 2 days of request) for recordation. Contact CLU by secure e-mail to request the correction.

  3. Changes will not be made to the document after it has been mailed for recordation without managerial approval. The NFTL must be amended.

  4. If changes were made after generation, add an ALS history item explaining the change.

5.12.6.3.6  (11-30-2007)
Amending the NFTL

  1. Amending NFTLs occurs after the NFTL has been mailed. Recording data must be input to ALS before an NFTL can be amended.

  2. Use ALS to amend recorded NFTLs. Field employees with " Amend" permissions may elect to correct the NFTL or secure e-mail the appropriate information to be amended to CLU.

  3. NFTLs should be amended within five days of receipt of request by the appropriate lien team. Contact the appropriate CLU team if the amended lien is not on ALS.

  4. Request an amended NFTL if:

    1. The name is incorrect (does not clearly identify the taxpayer to other creditors, i.e., Y. Corn should be Yale Cornell.

    2. The assessment date is incorrect.

    3. The tax period is incorrect.

    4. The unpaid balance of assessment at the time of filing is significantly different from what is listed on the NFTL for example, the NFTL shows $30,000,000 and the actual assessment is $30,000.

  5. ALS will generate a new CDP notice for amendments to the tax period.

  6. For NFTLs not generated by ALS (nominee, alter ego, transferee liens), the requesting employee will prepare the amended lien document. Secure e-mail scanned documents to the appropriate lien team for processing.

  7. CLU procedures are found in 5.19.12.2.2.

5.12.6.3.7  (03-15-2005)
Mutual Collection Assistance Requests (MCAR)

  1. The U.S. tax treaties with Canada, Denmark, France, Netherlands, and Sweden provide that the treaty partner may request assistance from the IRS in collecting taxes owed to the treaty partner by individuals residing in the United States.

  2. To request collection assistance, the treaty partner sends a Mutual Collection Assistance Request (MCAR) to the Office of the Deputy Commissioner (International), LMSB, who serves as the U.S. Competent Authority under tax treaties.

  3. The Office of the Director, International (LMSB) forwards the MCARs to the MCAR Coordinator, SB/SE International, Group 19.

  4. For general procedures in processing MCARs, see IRM 5.1.8.

5.12.6.3.7.1  (03-15-2005)
Preparing Form 668(Y)(c) from MCARs

  1. When the filing of a lien is required, International will make a request by means of a courtesy investigation to the revenue officer group responsible for the zip code where the taxpayer resides.

    Note:

    Do not use ALS to prepare MCAR liens.

    Note:

    CDP notices will not be created for MCAR liens.

    1. Use the format shown in Exhibit 5.12.3-5 as a guide to prepare Form 668(Y)(c), Notice of Federal Tax Lien.

    2. Use only the serial number provided by International.

    3. If the taxpayer identification number is not known, use the Taxpayer Control Number (TCN) assigned by International to the MCAR assessment as the identifying number.

    4. Use the Last day for Refiling collection statute date provided by the treaty partner as provided to you by International.

  2. The NFTL will be filed in the appropriate recording office.

  3. A reasonable time after filing of the notice of the MCAR lien, the revenue officer group responsible for the zip code where the taxpayer resides will send a letter notifying the taxpayer of the lien filing, along with Publication 1660, Collection Appeal Rights, and referencing the Article in the tax convention authorizing the MCAR claim. Collection Due Process rights are not available for MCARs. However, if the revenue officer and the taxpayer disagree on the application of the MCAR provisions in the relevant tax convention or the terms of an installment agreement, a Collection Appeals Program hearing may be requested by the taxpayer (see IRM 8.7.2.2).

  4. When CLU receives the recorded copy of the NFTL, it will be forwarded to the requesting revenue officer.

  5. The revenue officer will return a copy of the NFTL to International once the lien is recorded. The revenue officer will provide the appropriate recording information to International.

  6. Do not request input of TC 582.

  7. Do not request input of TC 360, filing fees are not assessed against MCAR taxpayers.

5.12.6.3.7.2  (03-15-2005)
Refiling and Release of MCARs

  1. International will be responsible for determining whether to refile or release the NFTL.

  2. NFTLs for refiling and certificates of release will be:

    1. prepared by International,

    2. forwarded to the appropriate revenue officer group responsible for the zip code where the taxpayer resides,

    3. forwarded by the revenue officer group to the CLU with a request to complete the recording process, if appropriate.

  3. Do not input TC 582 for the refile or TC 583 if the NFTL is released.

  4. Do not input TC 360 for filing fees.

5.12.6.3.8  (11-30-2007)
Printing the NFTL

  1. NFTLs will be printed within 5 calendar days of input to ALS.

  2. Liens are printed on Tuesdays and Thursdays ONLY.

    Note:

    CLU is allotted 3 business days (including the print day) for administrative processing.

  3. Documents are normally sent to recording offices by close of business the next business day.

  4. The taxpayer's copy, is printed with the CDP notice.

  5. CLU procedures are found in IRM 5.19.12.3.

5.12.6.3.9  (11-30-2007)
Mailing the NFTL

  1. CLU mails NFTLs within 2 business days, starting the day after the NFTL is printed.

  2. Most local officials accept the NFTL (for filing) by mail.

    Note:

    For a NFTL mailed to a recording office that does not require the lien to be indexed in order to give notice to third parties of its existence, the date the NFTL is delivered by the U.S. Postal Service to the recording office is the date it is filed. Because it is generally not possible to know the date a recording office receives the NFTL in the mail, the Service has made certain assumptions in order to identify the last date by which the taxpayer can request a CDP hearing. The Service presumes that it takes three business days, beginning the business day after mailing, for a NFTL to be received in the mail by a local recording office. As a result, under the Service's assumptions, the NFTL is "deemed filed" on the third business day after the mailing date. Thus, if a NFTL is printed on Tuesday and mailed on Thursday, it is deemed filed on Tuesday of the following week. A taxpayer can challenge this presumed filing date if he can show that the recording office received the NFTL on a date later than under the Service's presumed filing date. See IRM 5.1.9.3.2.1(2).
    Additionally, the assumption that a NFTL is received by a recording office 3 business days following the date of mailing and thus deemed filed does not take into account that some states' laws require deeds affecting real property be indexed. In such states, pursuant to IRC section 6323(f)(4), filing is not complete until such NFTL is indexed by the local recording official and recorded in the index at a place of public filing in such a manner that a reasonable inspection of the index will reveal its existence. Thus, there could be a case in which the taxpayer will be able to dispute the Service's calculation of the last date by which a CDP hearing can be requested upon showing that the Service's assumptions are incorrect.

  3. The CLU is responsible for preparing a transmittal, Form 3915, Processing Notices and Releases of Federal Tax Lien and Other Related Certificates, that accompanies Parts 1 and 2, if necessary.

  4. Part 2 of the NFTL is mailed to the recording office, when appropriate, unless an agreement exists between IRS and the recording office to issue one copy.

  5. The Service bears the cost of obtaining the court recording data by including a self-addressed postage paid envelope, E-25C, for the return of Part 2, when required.

  6. If the NFTL is not accepted by mail or circumstances dictate immediate action, the NFTL will be delivered personally to the proper recording official.

  7. CLU procedures are found in IRM 5.19.12.3.6.

5.12.6.3.10  (11-30-2007)
Refiling the NFTL

  1. Refiling the NFTL maintains the Service's priority established by the original lien filing when the collection statute is extended.

  2. Requests for refiles will be input through ALS.

  3. Employees who do not have ALS permissions to refile liens will request the NFTL be refiled by submitting a request (Form 12636) to CLU.

  4. Include all information that must be updated, i.e., dollar amount, address, CSED.

  5. If employees have ALS refile permissions, refer to the ALS User Guide for guidance on how to create these documents.

  6. CLU prints and mails refiled documents.

  7. CLU procedures are found in IRM 5.19.12.2.2.5.

5.12.6.3.11  (03-15-2005)
Out-of-Area Lien Filing

  1. A NFTL filing request received for a recording office outside your lien team area is described as an out-of-area lien.

  2. These liens can be input by your team, but will be printed by the lien team that is assigned the area where the recording office is located.

  3. Upon receipt, but not later than 5 business days after receipt, the NFTL will be input to ALS, printed and mailed.

  4. Employees will enter the zip code (in Create) where the property is located. ALS will display the corresponding filing jurisdiction.

  5. The appropriate CDP notice will be generated and printed at the centralized print site.

5.12.6.3.12  (11-30-2007)
Not To Be Filed Liens

  1. Not to be filed liens (NTBFL) are created by CLU when the TIN and/or MFT were incorrect on a recorded lien and are input only by the lien unit. The information sharing between IDRS and ALS relies on the correct TIN, MFT and name control. In order for IDRS to pass information such as updated CSED or full payment to ALS, a lien must be created with the matching information from the original lien but with the corrected TIN and/or MFT.

  2. Requests should be submitted using Form 13946.

  3. The ALS name control can be corrected without creating a NTBFL.

  4. The history screen is documented listing the original lien's SLID number and the NTBFL SLID number.

  5. NTBFLs are not mailed to recording offices. These liens are for internal use only.

  6. When the lien modules are satisfied on IDRS the notification will come down to ALS updating the NTBFL. Once all the modules are satisfied the NTBFL will generate a release to the print queue.

  7. When the release is printed the lien clerk will be alerted to the NTBFL status of the release and will take steps to immediately release the corresponding original lien.

  8. If a NTBFL is sent to the recording office in error, and you become aware of the filing, immediately the lien unit so that they may contact the recording official via telephone to retrieve the notice.

    If a not to be filed lien and there is then
    is recorded a balance due. contact Collection Advisory to request and receive approval of a withdrawal.
    is recorded. no balance due (full paid). contact Collection Advisory for approval of a certificate of release.
    is not recorded   prepare a memo to the recording official requesting the not to be filed lien be returned without being recorded. If the recording office does not return the NFTL, CCP will add a ALS history item including the date, name of contact and resolution.
  9. Advisory must approve a withdrawal.

  10. Advisory will approve or deny withdrawals within five business days.

  11. CLU procedures are found in IRM 5.19.12..2.3.

5.12.6.3.13  (11-30-2007)
Removing the NFTL

  1. When a NFTL has been requested in error, the requesting employee may request that the NFTL be removed from documents being mailed to the recording office.

  2. Employees who request lien filings will contact the CLU, by calling the internal toll free number or via secure e-mail, to have the lien removed after a request for lien filing has been made.

  3. Requests must be received and CLU actions completed by 8:00 PM EST on the day after the lien is printed (Wednesday or Friday). Timely requests eliminate the generation of the CDP notice.

  4. Request that CLU document the reason the lien is being removed and keep the documentation.

  5. CLU procedures are found in IRM 5.19.12.2.7.2.2.

5.12.6.3.14  (11-30-2007)
Obtaining Copies of Recorded Documents

  1. CLU will not pay fees for certified copies or faxes of lien documents.

  2. Employees who require certified copies will:

    1. obtain a travel advance, or

    2. claim the expense on a travel voucher.

  3. Invoices received from recording offices will be forwarded to the group manager for resolution. The group manager will be responsible for ensuring the invoice is paid within 10 business days of receipt.

  4. Recording offices will be provided the name, phone number and mailing address of the group manager to pursue fee collection.

  5. As a precaution to further payment request from recording officials, CLU may annotate the location of the invoice and retain a copy in their files.

5.12.6.4  (10-01-2003)
Collection Due Process (RRA) Notices

  1. IRC 6320 requires that the Service provide taxpayers with lien collection due process appeal rights within 5 business days of filing the NFTL.

    Note:

    The 5 business day period begins to run the day after the 3 business day period allotted for delivery of the NFTL to the local recording office.

  2. The CDP notice (L3172, Notice of Federal Tax Lien Filing and Your Rights to a Hearing), is created in the ALS database when the NFTL is printed.

  3. CLU procedures are found in IRM 5.19.12.1.1.

5.12.6.4.1  (11-30-2007)
Mailing the CDP Notice

  1. ALS systemically creates certified mail numbers and listings for domestic mail. Listings have the following information:

    1. certified mail number,

    2. taxpayer name,

    3. address,

    4. postage cost,

    5. certified mail cost,

    6. total postage per item listed.

  2. Within 5 business days of printing the NFTL, the CDP notice will be mailed.

  3. The day after the lien is printed, the CDP notice is generated and forwarded to the Correspondence Production Services (CPS) Branch for scheduled printing and mailing.

  4. CPS encloses:

    1. Publication 594, The Collection Process,

    2. Publication 1450, Instructions on Requesting a Certificate of Release of Federal Tax Lien,

    3. Publication 1660, Collection Appeal Rights,

    4. Form 668(Y)(c), Notice of Federal Tax Lien, and

    5. Form 12153, Request for a Collection Due Process Hearing.

  5. See IRM 5.12.6.4.1.2 for registered mail procedures.

  6. CLU procedures are found in IRM 5.19.12.1.1.