5.12.1  Lien Program Overview

Manual Transmittal

October 14, 2013

Purpose

(1) This transmits the revised IRM 5.12.1, Federal Tax Liens, Lien Program Overview

Background

A revision of the IRM 5.12 chapter has been done in order to consolidate and coordinate like topics, reduce duplication of content, and provide an overview, cross-references, and contacts.

Material Changes

(1) Move IRM 5.12.2.1 and .2 to IRM 5.12.1.3 and .4

(2) 5.12.1.4(2)(b) (formerly known as IRM 5.12.2.1(1)) changed word "protect" to "establish" at the behest of the TAS

(3) The following table provides a cross walk of sections MOVING TO IRM 5.12.1 FROM other 5.12 location(s)

Moving from ____ to IRM 5.12.1
5.12.2.1
5.12.2.2
5.12.2.16
5.12.2.17
5.12.2.18
5.12.2.22
5.12.3.11
5.12.6.1
5.12.6.2
5.12.6.6
5.12.6.11
5.12.6.12
5.12.6.13
Exhibit 5.12.6-1

(4) Former IRM 5.12.2.18, Priority of Certain Other Interests - Advances, Interest and Expenses from the table above was moved to this IRM but then deleted because the material is more fully and accurately addressed in IRM 5.17.2, Federal Tax Liens which is the legal reference guide for liens.

(5) Former IRM 5.12.2.22, Cost of Living Adjustment from table above was moved to this IRM but then deleted.

(6) The following table provides sections OF IRM 5.12.1 STAYING IN IRM 5.12.1.

Staying in IRM 5.12.1
5.12.1.4

(7) The following table provides a cross walk for sections MOVED FROM IRM 5.12.1 TO their new 5.12 location(s)

Prior IRM content from: Moving to new location in IRM:
5.12.1.1
5.12.1.2
5.12.1.3
5.12.6

(8) IRM 5.12.1.2 added section on Introduction to Liens.

(9) IRM 5.12.1.3 moved to this section Creation and Duration.

(10) IRM 5.12.1.4 moved to this section Purpose and Effect of Filing a Notice of Federal Tax Lien (NFTL). Included in this section are Lien and NFTL Priorities, moved to IRM 5.12.1.4.1 and NFTL Effect on Home, Business, and Credit added as IRM 5.12.1.4.2..

(11) IRM 5.12.1.5 added section on IRS Organizations Working Lien Issues, IRM 5.12.1.5.2 added section on Appeals, and IRM 5.12.1.5.3 moved to Taxpayer Advocate Service section.

(12) IRM 5.12.1.6 added section on Lien Content Locations in the IRM 5.12 series.

(13) IRM 5.12.1.7 added section on Lien Content or References in Other IRMs.

(14) IRM 5.12.1.8 added section on Educational Videos and Web Sites Associated with the Lien Program.

(15) IRM 5.12.1.9 moved to this section Authority to Sign Lien Notices, Certificates, and other Lien Documents.

(16) IRM 5.12.1.10 moved to this section Requests for Disclosure of Outstanding Lien Amount.

(17) IRM 5.12.1.11 added section on Lien Notices and Certificates.

(18) IRM 5.12.1.12 added section on Report, Instruction, and Application Products Associated with the Lien Program.

(19) IRM 5.12.1.13 added section on Letters associated with the Lien Program.

(20) IRM 5.12.1.14 moved to this section Management and Responsibility for the Lien Program.

(21) IRM 5.12.1.15 moved to this section Communicating With Centralized Lien Processing.

(22) IRM 5.12.1.16 moved to this section Field Office Resource Team (FORT).

(23) IRM 5.12.1.17 moved to this section Functional Coordinator Responsibilities.

(24) IRM 5.12.1.18 moved to this section Automated Lien System (ALS) Permissions and Exhibit 5.12.1-1 ALS Permissions Chart.

(25) IRM 5.12.1.19 moved to this section Contacting Recording Officials.

(26) IRM 5.12.1-1 moved to this section ALS Permissions Chart.

(27) IRM 5.12.1-2 added to this section Glossary of Common Acronyms in IRM 5.12.

Effect on Other Documents

This material supersedes IRM 5.12.1, dated January 9, 2009, IRM 5.12.2 dated March 8, 2012, IRM 5.12.3 dated June 1, 2010, and IRM 5.12.6 dated July 16, 2010.

Audience

SBSE and W&I Collection, Centralized Lien Operation, and Appeals

Effective Date

(10-14-2013)

Michelle C. Alvarado
Acting Director, Collection Policy
Small Business/Self Employed Division

5.12.1.1  (10-14-2013)
Purpose of this IRM

  1. The purpose of this IRM is to provide an introduction to the lien program, cross-references, and contacts.

5.12.1.2  (10-14-2013)
Introduction to Liens

  1. Congress, through the Internal Revenue Code (IRC), has provided the IRS a powerful tool allowing the Government to protect the American taxpaying public's interest in collecting the proper amount of tax revenues. This tool is the Federal tax lien (FTL) which is sometimes called the "statutory lien" or "assessment lien" . At times the lien has been referred to as the "silent" lien because, while the Service makes the taxpayer aware of the existence of the lien, it does not make the lien's existence public unless a notice of the lien has been filed. Because the lien arises by operation of law, it is referred to throughout this IRM Chapter as the statutory lien or simply "lien" .

  2. A federal tax lien is a claim against property including current and future rights to property. It represents the tax or tax related debt of an individual or business.

  3. This IRM Section provides a broad outline or road map introducing liens, indicating where lien information can be found in the IRM 5.12 chapter, where lien information can be found in other IRM chapters, and providing contact points.

  4. The law sections in the United States Code most frequently associated with liens are:

    1. 26 USC § 6321: Lien for taxes

    2. 26 USC § 6322: Period of lien

    3. 26 USC § 6323: Validity and priority against certain persons

    4. 26 USC § 6320: Notice and opportunity for hearing upon filing of notice of lien

    5. 26 USC § 6324: Special liens for estate and gift taxes

    6. 26 USC § 6324A: Special lien for estate tax deferred under section 6166

    7. 26 USC § 6324B: Special lien for additional estate tax attributable to farm, etc., valuation

    8. 26 USC § 6325: Release of lien or discharge of property

    9. 26 USC § 6326: Administrative appeal of liens

    10. 26 USC § 6327: Cross References

    11. 26 USC § 7425: Discharge of Liens

    12. 26 USC § 7426: Civil actions by persons other than taxpayers

    13. 26 USC § 7432: Civil damages for failure to release lien

    14. 28 USC § 2410: Actions affecting property on which United States has lien

  5. Title 26 of the United States Code is called the Internal Revenue Code (IRC). The legal cite might be seen referenced in a variety of ways including: 26 USC § 6321, IRC § 6321, IRC 6321, section 6321, and I.R.C. 6321 with or without the section symbol. The associated Treasury Regulation are found in the Code of Federal Regulations (CFR) and would be cited as Treas. Reg. § 301.6321-1 or as 26 CFR § 301.6321-1.

  6. Both the Code and the Regulations have on-line research availability. Use the web page United States Code on the US House of Representatives site or the web page Electronic Code of Federal Regulations on the National Archives and Records Administration site.

  7. Though it may seem obvious, it is important to understand that a lien is not a levy. Information about levies can be found in IRM 5.11 and IRM 5.10.

5.12.1.3  (10-14-2013)
Creation and Duration

  1. A Federal Tax Lien is created by the statute IRC § 6321 which is why it is said to be created by operation of law. It attaches to a taxpayer's current and future property and rights to property for the amount of the liability. This is the "statutory" lien. The following must occur for the statutory lien to arise by operation of law:

    1. An assessment must have been made.

    2. Notice and demand for payment must have been made.

    3. The taxpayer must have neglected or refused to pay.

  2. Once the lien exists it is controlled by IRC § 6322:

    1. Its date of origin becomes the assessment date.

    2. It continues to exist until the liability is satisfied or becomes unenforceable by lapse of time.

5.12.1.4  (10-14-2013)
Purpose and Effect of Filing a Notice of Federal Tax Lien (NFTL).

  1. The Notice of Federal Tax Lien is a public notification filed with designated state and local jurisdictions.

  2. The purpose of filing the NFTL publicly is to both

    1. inform certain third parties, typically a purchaser, holder of a security interest, mechanic’s lienor, or judgment lien creditor of the existence of the statutory lien securing the tax debt, and

    2. establish the Government’s right of priority against these same creditors.


    (For additional information see IRM 5.17.2, Federal Tax Liens).

    Reminder:

    Estate and Gift Tax Liens are discussed in IRM 5.5.8, Decedent Estates and Estate Taxes - Estate Tax Liens

  3. The NFTL is not a negotiating tool and is to be used only in accordance with IRM 5.12 and IRM 5.17.2.

5.12.1.4.1  (10-14-2013)
Lien and NFTL Priorities

  1. Lien priorities are determined generally by "the first in time, first in right" rule. Under that rule, the Service relies on the date of assessment, which is the date the lien arises. However, the Code provides statutory deviations from the general rule. For some classes of creditors, the federal tax lien will not have priority until the notice of federal tax lien is filed (See IRC § 6323(a)). For other classes of creditors, the federal tax lien does not have priority even if notice of the federal tax lien has been filed. These are called the superpriorities. (See IRC § 6323(b).) Lien priorities are fully explained in IRM 5.17.2, Federal Tax Liens.

    Note:

    The priority provided with respect to casual sales and small repairs or improvements of residential real property is subject to cost of living adjustments.

    See IRM 5.17.2.6.5.4 and IRM 5.17.2.6.5.7, in the Superpriorities section.

5.12.1.4.2  (10-14-2013)
NFTL Effect on Home, Business, and Credit

  1. Because other creditors become aware of the statutory lien and tax liability through the NFTL filing and then must compete with the lien based on the category of creditor they are, the party named in the NFTL may find their creditworthiness impacted. It may also impact the ability to get a loan or the financing charges paid to buy a house or a car, get a new credit card, or sign a lease. That is why it is so important that taxpayers resolve liabilities as quickly as possible, before an NFTL filing becomes necessary.

5.12.1.5  (10-14-2013)
IRS Organizations Working Lien Issues

  1. The IRS business units and organizations working lien issues are:

    Enterprise Collection Strategy Campus Field Collection Appeals Chief Counsel Taxpayer Advocate Service
    Collection Policy Analysts Centralized Lien Operation (CLO) Revenue Officers Settlement Officers Area Counsel Case Advocates
    Automated Lien System (ALS) Analysts and Developers Campus Automated Collection (ACS) in SBSE and W&I Advisory Appeals Analysts SBSE Counsel TAS analysts
    Automated Collection System (ACS) Analysts CIO Centralized Insolvency Insolvency   Procedures and Administration  
    Integrated Collection System (ICS) Analysts COIC Centralized Offer In Compromise
    MOIC Monitoring Offers in Compromise
           
      W&I Accounts Management Contact Representatives        

5.12.1.5.1  (10-14-2013)
IRS Business Units

  1. The majority of Notice of Federal Tax Lien filing and maintenance work is performed by Field Collection, ACS, and Centralized Lien Processing. Some lien notice filing is also performed by W&I Accounts Management Contact Representatives working collection issues. These units rely on Counsel as needed to fulfill their responsibilities.

    Note:

    Also see IRM 5.12.1.8, Educational Videos and Web Sites Associated with the Lien Program for videos and web sites that may be of assistance with lien work.

  2. Additionally, there are two other organizations (Appeals and the Taxpayer Advocate Service) listed in the chart above who can assist taxpayers with lien issues.

5.12.1.5.2  (10-14-2013)
Appeals

  1. The IRS Office of Appeals handles formal appeals through either Collection Due Process (CDP) or the Collection Appeals Program (CAP). See IRM 5.12.6 for specific lien program appeal instructions or see IRM 5.1.9Collection Appeal Rights for general Collection appeal instructions.

  2. The Appeals' organization manuals related to their work with liens can be found in IRM 8.22 and IRM 8.24 describe Appeals CDP and CAP procedures relating to notices of Federal tax lien filings.

  3. Web sites containing educational assistance for the Appeals' organization include:

5.12.1.5.3  (10-14-2013)
Taxpayer Advocate Service

  1. Taxpayers often contact the Taxpayer Advocate Service (TAS) when they are attempting to resolve collection issues.

  2. If the taxpayers asks to be referred to the Taxpayer Advocate Service (TAS), or the taxpayer meets TAS criteria and the taxpayer's issue cannot be resolved the "same day (within 24 hours)", complete Form 911 or e-Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance order) and refer the taxpayer to TAS. See IRM 13.1.7 for more information.

  3. If you are able to resolve and close the TAS issue on the same day as the TAS contact, do not refer the inquiry to TAS.

  4. There will be times that although you cannot completely resolve the issue within 24 hours, if you have taken steps within 24 hours to resolve the taxpayer's issue, these cases also meet the definition of "same day." Do not refer these cases to TAS unless the taxpayer asks to be transferred to TAS.

    Note:

    Refer to IRM 13.1.7.4, Same Day Resolution by Operations.

  5. The TAS web sites are:

    • The Taxpayer Advocate Service's external web site Taxpayer Advocate Service

    • The Taxpayer Advocate Service's internal web site TAS News Center.

    • Service Level Agreements Between Taxpayer Advocate Service and the Operating Divisions/Functions can be found at:http://tas.web.irs.gov/policy/sla/default.aspx

5.12.1.6  (10-14-2013)
IRM 5.12 Lien Content Locations

  1. The location of lien content within the IRM 5.12 sections is in the table below.

    Topic Location
    Lien Program Overview IRM 5.12.1
    Notice of Lien Determinations IRM 5.12.2
    Notice of Lien Preparation and Filing IRM 5.12.7
    Notice of Lien Refiling IRM 5.12.8
    Notice of Lien Withdrawal IRM 5.12.9
    Lien Release, Revocation, IRC § 6326 and IRC § 7432 IRM 5.12.3
    Appeals Processes Involving Liens IRM 5.12.6
    Judicial and Non-Judicial Foreclosure IRM 5.12.4
    Redemption IRM 5.12.5
    Discharge, Subordination, Subrogation, and Nonattachment IRM 5.12.10
    Special Topics including identity theft and disaster situations IRM 5.12.11

5.12.1.7  (10-14-2013)
Lien Content or References in Other IRMs

  1. Other IRM sections that provide guidance for Collection employees on lien related issues are shown in the following table. You can find specific guidance in these sections by querying “lien”.

    Topic Location
    Legal Reference Guide for Revenue Officers - "Federal Tax Liens" IRM 5.17.2
    Local Law Supplements State Law Guides
    Centralized Case Processing - Liens IRM 5.19.12
    ACS - Enforcement Action IRM
    ACS Support Lien Perfection
    ACS Support undelivered lien mail
    IRM 5.19.4
    IRM 5.19.6.6
    IRM 5.19.6.17.5
    Estate and Gift Tax Liens IRM 5.5.8
    Currently Not Collectible IRM 5.16.1
    Innocent Spouse - Notice of Federal Tax Lien IRM 25.15.8.11
    Insolvency IRM 5.9 series
    Installment Agreements IRM 5.14.1.4.2
    Suits and liens IRM 25.3
    Offers in Compromise "Overview" and the IRM covering lien notice filing responsibilities regarding offers IRM 5.8.1IRM 5.8.4.13
    "Community Property" IRM 25.18
    "Taxpayer Advocate Case Procedures" IRM 13.1
    Appeals Processes Involving Liens IRM 5.1.9
    IRM 8.22
    IRM 8.24

5.12.1.8  (10-14-2013)
Educational Videos and Web Sites Associated with the Lien Program

  1. The following lists various educational information related to liens.

    Title Number
    Automated Lien System web site ALS web landing page
    Understanding a Federal Tax Lien IRS.gov web page
    Selling or Refinancing When There is an IRS Lien Video
    Lien Notice Withdrawal Lien Notice Withdrawal
    Federal Tax Liens MySBSE web page
    ELMS Course titled:
    SB-CO-Discharge, Subrogation, and Subordination
    Course Number 30441
    ELMS Course titled:
    SB-CO-RO Changes to Federal Tax Lien Priority
    Course Number 23232

5.12.1.9  (10-14-2013)
Authority to Sign Lien Notices, Certificates, and other Lien Documents

  1. Delegation Order 5-4 found in IRM 1.2.44.5 identifies all parties authorized to approve or sign specified lien documents and take other lien related actions.

  2. Centralized Lien Operation (CLO) which was formerly known as the Centralized Lien Processing (CLP) operation has authority related to ALS generated documents as follows:

    1. CLO team managers are responsible for generating and printing through ALS the documents and certificates created by employees authorized under Delegation Order 5-4 found in IRM 1.2.44.5.

    2. CLO team managers or lead tax examiners are authorized to make lien release determinations and to issue certificates of release resulting from lien payoffs initiated by their employees.

5.12.1.10  (10-14-2013)
Requests for Disclosure of Outstanding Lien Amount

  1. See Delegation Order 11-2 found in IRM 1.2.49.3, Authority to Permit Disclosure of Tax Information and to Permit Testimony or the Production of Documents, and IRM Exhibit 1.2.49-2 for a list of employees authorized to disclose information concerning the amount of the outstanding obligation secured by the NFTL. Disclosure may be made to any person who demonstrates that he/she possesses a right or intends to obtain right in the property. See also IRM 11. 3.11.10, Disclosure of Amount of Outstanding Lien.

  2. Employees listed in Delegation Order 11-2 have the authority to determine whether or not to disclose the requested information under the authority of IRC 6103(k)(2).

  3. Any person, other than the taxpayer or their designee, desiring information as to the amount of the outstanding obligation in order to decide whether to acquire the property covered by the NFTL (when a NFTL has been filed) must submit a written request stating the reasons the information is desired and properly identifying the NFTL in question. A prospective purchaser should attach a copy of the sales contract or a lender loan application.

  4. The requested information will be furnished using Letter 1038 (DO), Response to Inquiries About Release of Federal Tax Lien.

5.12.1.10.1  (10-14-2013)
Disclosure to Escrow and Title Companies

  1. When a completed Form 8821, Tax Information Authorization, is provided, employees designated the authority to execute Forms 668(Y)(c), may disclose the amount of the outstanding obligation secured by the NFTLto any individual or entity listed as an appointee on the completed Form 8821. For example, an escrow agent, title company, lending institution, etc. may be listed as an appointee on a completed Form 8821. See IRC § 6103(c). Authorities for lien related activities are found in IRM 1.2.44.5, Delegation Order 5-4, Federal Tax Lien Certificates.

  2. The Form 8821 must be completed prior to the taxpayer signing it and should authorize disclosure of lien information on the specific piece of property for sale.

  3. The following information should be provided:

    1. The taxpayer’s name, address, taxpayer identification number, or any combination of these three.

    2. The information to be disclosed, for example, the amount shown on the NFTL, including the address of the real property subject to the filed NFTL.

    3. The identity of the company or escrow agent authorized to receive the information. It is not necessary to name an individual.

    4. The taxpayer’s signature and date.

    5. It is not necessary to specify tax type or tax year.

  4. Taxpayers may also authorize disclosure telephonically. Verify the taxpayer’s identity using approved functional procedures and document the information in writing.

    1. The information to be disclosed; for example, the amount shown on the NFTL, including the address of the property subject to the NFTL.

    2. The identity of the escrow agent or title company authorized to receive the information.

    3. The date of the consent. For example, "John Doe on 06/05/2012 consents to disclose the payoff amount of all filed NFTLs on 134 Maple Boulevard to XYZ Title."

  5. Disclosure of lien information not subject to a filed NFTL should not occur without obtaining the taxpayer’s authorization either orally or in writing. Obtain and document the information referred to (4) above.

  6. In situations where the taxpayer’s authorization cannot be obtained, seek advice from Area Counsel; for example, taxpayer is medically incapacitated, is on vacation outside the U.S. and cannot be reached, etc.

5.12.1.11  (10-14-2013)
Lien Notices and Certificates

  1. This section identifies the various lien notices and certificates associated with the creation of Notices of Federal Tax Lien and their maintenance. The documents are grouped by topic.

5.12.1.11.1  (10-14-2013)
Notice of Federal Tax Lien Types

  1. The following table contains the documents used to create Federal Tax Lien Notices associated with IRC § 6323 and IRC § 6324:

    Title Number IRM Location Generated & Maintained by ALS Requested through
    Notice of Federal Tax Lien 668Y IRM 5.12.7 yes ICS
    ACS
    Form 12636
    Notice of Federal Tax Lien (Nominee) 668Y(Annotated) IRM 5.12.7 SLID only Advisory and Area Counsel manually
    Notice of Federal Tax Lien (Alter Ego Lien) 668Y(Annotated) IRM 5.12.7 yes Advisory and Area Counsel
    Amended Notice of Federal Tax Lien Amended 668Y IRM 5.12.7 yes Form 13809
    Notice of Federal Tax Lien Under Internal Revenue Laws (Refile) 668F RM 5.12.8 yes ICS
    Form 12636
    Notice of Federal Estate Tax Lien 668H
    668J
    IRM 5.5.8 no manual process

  2. The following table contains the documents used to withdraw Federal Tax Lien Notices associated with IRC § 6323.

    Title Number IRM Location Generated & Maintained by ALS Requested through
    Withdrawal of Filed Notice of Federal Tax Lien 10916 IRM 5.12.9 yes Form 13794-W
    Partial Withdrawal of Filed Notice of Federal Tax Lien Partial 10916 IRM 5.12.9 yes Form 13794-W
    Withdrawal of Notice of Federal Tax Lien After Release 10916–A IRM 5.12.9 yes Form 13794-W

  3. The following table contains the document used to notate a duplication of a Federal Tax Lien Notice associated with IRC § 6323.

    Title Number IRM Location Generated & Maintained by ALS Requested through
    Certificate of Duplication of Federal Tax Lien Letter 2440 IRM 5.12.7 no manual process

5.12.1.11.2  (10-14-2013)
Lien Release Certificates

  1. Whenever a Notice of Federal Tax Lien has been filed and the liability has been satisfied or become unenforceable, a release document is required to notify creditors of the lien's change in status.

  2. The following table contains release certificates associated with Code sections IRC § 6325 and IRC § 6326

    Certificate Title Form Number IRM Location Generated & Maintained by ALS Requested Through
    Self-Release statement on Notice of Federal Tax Lien 668Y IRM 5.12.7.2 triggered by column "e" systemic
    Certificate of Release of Federal Tax Lien 668Z IRM 5.12.3 yes Form 13794
    Certificate of Release of Federal Tax Lien (Erroneous Lien) 668Z (with special wording) IRM 5.12.3 yes manual process
    Partial Release of Federal Tax Lien Partial 668Z IRM 5.12.3 yes Form 13794
    Certificate of Release of Federal Estate Tax Lien 668H
    668J
    IRM 5.5.8 no Advisory Estate and Gift Tax Group

5.12.1.11.3  (10-14-2013)
Certificates that Reestablish a Statutory Lien

  1. The following table lists certificates used to reestablish the statutory lien if the statutory lien has been erroneously or inadvertently released but the collection statute remains open.

    Certificate Title Form Number IRM Location Generated & Maintained by ALS Requested Through
    Revocation of Release of Federal Tax Lien 12474
    12474-A
    IRM 5.12.3 yes ALS
    Partial Revocation of Release of Federal Tax Lien Partial 12474
    12474-A
    IRM 5.12.3 yes ALS

5.12.1.11.4  (10-14-2013)
Other Certificates Relating to Liens

  1. The following table shows certificates used to adjust attachment of liens to identified property.

    1. Discharge - removes the statutory tax lien from specific property.

    2. Subordination - elevates another creditor’s lien to the Service’s priority position making the Service’s statutory lien junior to that creditor’s lien.

    3. Nonattachment - denotes that a person of like or similar name is not, in fact, the person identified in the NFTL.

    4. Release of Right of Redemption - waives the opportunity to redeem real property from a foreclosure sale purchaser.

    Certificate Title Form Number IRM Location Generated & Maintained by ALS Requested Through
    Certificate of Discharge of Property from Federal Tax Lien (various code sections) 669A
    669B
    669C
    669G
    669H
    IRM 5.12.10 no Advisory
    Form 14135
    Certificate of Subordination of Federal Tax Lien (various code sections) 669D IRM 5.12.10 no Advisory
    Form 14134
    Certificate of Discharge of Property from Federal Estate Tax Lien 792 IRM 5.5.8 no Advisory Estate and Gift Tax Group
    Certificate of Subordination of Federal Estate Tax Lien 669F IRM 5.5.8 no Advisory Estate and Gift Tax Group
    Certificate of Nonattachment of Federal Tax Lien Letter 1628 IRM 5.12.10 no Advisory
    Certificate of Release of Right of Redemption (Value) ICS Template IRM 5.12.5 no Advisory
    Certificate of Release of Right of Redemption (Valueless) ICS Template IRM 5.12.5 no Advisory

5.12.1.12  (10-14-2013)
Report, Instruction, and Application Products Associated with the Lien Program

  1. This section contains a listing of the various forms issued, publications, instructions, and applications associated with the lien program. The tables are grouped by topic.

5.12.1.12.1  (10-14-2013)
Forms for Reporting Investigation Results

  1. The list below contains various forms associated with the lien program where the results of an investigation need to be reported.

    Title Number
    Investigation of Request for Certificate of Discharge or Subordination Form 3033
    Report of Investigation (26 USC § 7425 or 28 USC §2410) Form 4376

5.12.1.12.2  (10-14-2013)
Discharge, Subordination, and Election Products Containing Instruction and Applications

  1. The list below contains various forms and publications associated with applying for and processing Discharges and Subordinations of Federal Tax Lien.

    Title Number
    Instructions on how to apply for a Certificate of Discharge of Property From Federal Tax Lien

    Application for Certificate of Subordination of Federal Tax Lien

    Request for Relocation Expenses Allowance
    Publication 783

    Form 14135

    Form 12451
    How to Prepare an Application for a Certificate of Subordination of Federal Tax Lien

    Application for Certificate of Subordination of Federal Tax Lien

    Purchase Money Mortgages and Subordination of the Federal Tax Lien
    Publication 784

    Form 14134

    Publication 785
    Application for Certificate Discharging Property Subject to Estate Tax Lien Form 4422
    How to Apply for Certificate of Subordination of Estate Tax Lien Under IRC 6325(d)(3) Publication 1153
    IRC Section 6324A Lien Agreement Form Form 13925

5.12.1.12.3  (10-14-2013)
Lien Release, Notice Withdrawal, and Nonattachment Products Containing Instruction and Applications

  1. The list below contains various forms and publications associated with processing lien releases, Notice of Federal Tax Lien Withdrawals, and Nonattachments.

    Title Number
    Instructions on How to Request a Certificate of Release of Federal Tax Lien Publication 1450
    Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien (as based on Internal Revenue Code Section 6323(j)) Form 12277
    How to Prepare an Application for a Certificate of Nonattachment of Federal Tax Lien Publication 1024

5.12.1.12.4  (10-14-2013)
Foreclosure and Redemption Products Containing Instruction and Applications

  1. The list below contains various instructions related to the Foreclosure and Redemption programs.

    Title Number
    Instructions for Preparing Notice of Non-Judicial Sale of Property & Application for Consent to Sale Publication 786
    Requesting the United States to Release Its Right to Redeem Property Secured by a Federal Tax Lien Publication 487

5.12.1.12.5  (10-14-2013)
Miscellaneous Products Associated with the Lien Program

  1. The following list contains some miscellaneous documents associated with the lien program.

    Title Number
    Collection Advisory Group Addresses Publication 4235
    Notice of Federal Taxes Due Form 10492
    Billing Support for Lien and Certificate Fees Form 3982

5.12.1.13  (10-14-2013)
Letters associated with the Lien Program

  1. The following tables provide letters associated with the lien program

5.12.1.13.1  (10-14-2013)
Letters Associated with Notices of Federal Tax Lien Preparation and Filing

  1. The letters associated with IRM 5.12.7, Notice of Lien Preparation and Filing are listed below.

    Title Number
    Notice of Federal Tax Lien Filing Letter 3171
    Power of Attorney (POA) Notification of Additional Lien Filing Letter 3271
    Notice to Taxpayer of Nominee/Alter ego of Federal Tax Lien Filing Letter 3886

5.12.1.13.2  (10-14-2013)
Letters Associated with Appealing Notices of Federal Tax Lien

  1. The letters and notices associated with IRM 5.12.6, Appeals Processes Involving Liens are listed below.

    Title Number
    Notice of Federal Tax Lien Filing and your Rights to a Hearing Under IRC 6320 Letter 3172
    Letter Notifying of Federal Tax Lien Filing-Nominee or Alter-Ego Letter 3177
    Notice of Federal Tax Lien Filing - Child Support Obligation Letter 3527
    POA Lien Notification Letter 3262

5.12.1.13.3  (10-14-2013)
Letters Associated with Notice of Federal Tax Lien Withdrawal

  1. The letters associated with IRM 5.12.9, Notice of Lien Withdrawal are listed below.

    Title Number
    Withdrawal Cover Letter Letter 3044
    Lien Withdrawal Cover Letter Letter 4026

5.12.1.13.4  (10-14-2013)
Letters associated with Lien Releases and Certain Claims

  1. The letters and notices associated with IRM 5.12.3 Lien Release, IRC § 6326 and IRC § 7432 are listed in the table below.

    Title Number
    Response to Inquiries About Release of Federal Tax Lien Letter 1038
    Commitment to Release Notice of Federal Tax Lien Letter 4117
    Release of Federal Tax Lien Notice 48
    Letter of Apology - Erroneous Filing of Notice of Federal Tax Lien Letter 544
    Letter of Apology - Inadvertent Filing of Notice of Federal Tax Lien Letter 544-I
    Acknowledgement of Administrative Appeal Request Letter 2421
    Acknowledgement and Partial Denial of Administrative Appeals Request Letter 2423
    Non-processable Claim for Damages Letter Letter 2730
    Transfer of Claim for Damages Letter 2731
    Notification of full or partial Denial of claim for civil Damages Letter 2732
    Notification of Full or Partial Allowance of Claim for Civil Damages Letter 2733
    Processing Letter for Financial Management Services Claim Group Letter 2734

5.12.1.13.5  (10-14-2013)
Letters Associated with Foreclosures and Redemptions

  1. The letter used with IRM 5.12.4 and Non-Judicial Foreclosures is listed below.

    Title Number
    Notification of Inadequacy of Nonjudicial Sale Notice Letter 1840

  2. The letter associated with IRM 5.12.5 and Redemptions is listed below.

    Title Number
    Notification of IRS Right of Redemption Letter 5597

5.12.1.13.6  (10-14-2013)
Letters Associated with Discharge, Subordination, and Subrogation

  1. The letters associated with IRM 5.12.10, Discharge, Subordination, Subrogation, and Nonattachment are listed below.

    Title Number
    Conditional Commitment to Discharge Certain Property from Federal Tax Lien Letter 402
    Conditional Commitment to Discharge Certain Property from Federal Tax Lien (Value) Letter 403
    Taxpayer Lien Payoff Letter Letter 3640
    Letter 3640-A
    Third Party Lien Payoff Letter (Escrow or Financial Institution) Letter 3641
    Letter Advising of Action on Application for Discharge of Property From Federal Tax Lien Letter 4025
    Letter Advising of Action on Application for Subordination of Federal Tax Lien Letter 4027
    Conditional Commitment to Subordinate Federal Tax Lien Letter 4053

5.12.1.13.7  (10-14-2013)
Letters Associated with Estate and Gift Tax Liens

  1. The letters associated with IRM 5.5.8 Estate and Gift Tax Liens.

    Title Number
    Installment or Interest Due - Current Status Requested or Explained: Form 706 Letter 249
    Follow-up Letter for Installment Billing & Section 6161 Balance Due Billing: Form 706 Letter 2568

5.12.1.14  (10-14-2013)
Management and Responsibility for the Lien Program

  1. Enterprise Collection Strategy's Collection Policy organization has overall responsibility for the lien program and the Automated Lien System (ALS).

  2. Each individual who prepares or approves lien notices and certificates accepts the responsibility that the review process encompasses many duties including reviewing the request or manual document for completeness such as ensuring there is name, address, balance due, and tax period information on each NFTL. The requestor is ultimately responsible to see that the lien notice or certificate is processed and filed timely, where required.

5.12.1.14.1  (10-14-2013)
Centralized Lien Operation Responsibilities

  1. Working with Collection Policy, Centralized Lien Processing is responsible for:

    1. Processing requests for and maintaining Notices of Federal Tax Lien generated by ALS.

    2. Processing requests submitted by Insolvency and Advisory, Manually Monitored Offer-in-Compromise, and Innocent Spouse functions for partial withdrawals, partial releases, nominee lien notices 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 ALS.

    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.

  2. For more information about CLO processing, communication, and quality control responsibilities see IRM 5.19.12.

5.12.1.14.2  (10-14-2013)
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. Lien releases can be manually input to ALS during this time.

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

  4. 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.

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

5.12.1.15  (10-14-2013)
Communicating With Centralized Lien Operation

  1. Field employees may contact the CLO team for their Area for problems with a specific lien notice or certificate. If the problem is not resolved or if it is a general problem impacting many lien notice or certificate documents, the employee may contact the Field Office Resource Team (FORT).

  2. Contact with CLO or the FORT may be by phone, fax, or secure e-mail.

  3. CLO will identify concerns and take any necessary corrective actions. The Lien Organization can resolve issues regarding Notice of Federal Tax Lien filings including:

    1. missing TIN,

    2. incorrect name control,

    3. incorrect tax period,

    4. incorrect type of tax, etc.

  4. CLO will notify the field employee of the resolution.

  5. Occasionally, the Lien Organization employee will need to refer an issue to the FORT.

  6. The FORT will determine if other functions are involved and, if so, initiate contact.

  7. For assistance with the ALS database on changes such as POD addresses, group numbers, and county/zip code matches, the field employee should contact the local ICS IQ Analyst who will coordinate the changes with the Lien Policy Analysts or ALS Functional Coordinator.

  8. When contacting CLO to request assistance with creating and or filing a document, use the charts in IRM 5.12.1.11 above to identify which form to use.

5.12.1.16  (10-14-2013)
Field Office Resource Team (FORT)

  1. The FORT acts as a technical resource and liaison for the Lien Processing Units. A staff revenue officer/advisor responds to employee requests or determines if assistance from some other function is required.

  2. Generally the FORT:

    1. Obtains information on lien issues from field employees, as necessary

    2. Communicates with Headquarters Analysts

    3. Resolves issues with recording offices, if possible

    4. Initiates Contact with area counsel and governmental liaison offices as well as maintaining associated nationwide contact lists

    5. Responds to questions regarding new procedures

    6. Assists in implementing new or revised procedures

    7. Explains and interprets IRM procedures, when necessary

    8. Provides technical guidance to internal and external customers

    9. Responds to questions from field employees related to centralized lien processing

    10. Encourages Lien Processing employees to contact field employees to resolve non-technical issues

5.12.1.17  (10-14-2013)
Functional Coordinator Responsibilities

  1. The ALS Functional Coordinator is located in the FORT at the Cincinnati Campus. 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.

    Note:

    The ALS Coordinator resets the ALS secondary password only. UNIX login passwords are reset through the MITS Help Desk.

  3. For assistance with POD addresses, group numbers, or county/zip code matches, contact the IQA, ICS/Entity Quality Analyst who will coordinate the changes with the Collection Policy Analyst or ALS Functional Coordinator.

5.12.1.18  (10-14-2013)
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. If there are any questions about access, contact the ALS Functional Coordinator. Information about ALS permissions can also be found on the following web sites:

    • Automated Lien System

    • Automated Lien System Web Site

    • ALS User Guides

  2. An On-line (OL) 5081 must be approved by the appropriate manager. This is used to request user additions, name changes, or deletions.

  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. 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. Requests to have a UNIX login reset will be made through the MITS Help Desk. For those users with increased permissions on ALS, ask that your secondary password reset be sent to the functional coordinator by secure e-mail and that the secure email include the user's name and ALS login.

  5. Changes affecting the user's account, such as requests for additional permissions or removal of permissions, will be submitted via OL5081 after approval by the manager or his designee.

    Note:

    Deleting employees from ALS, require the functional manager′s approval including those requests received from systems administrators.

  6. CLO is responsible for updates to user profiles. Passwords are generally responded to within three (3) days of request receipt.

  7. 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 IRM Exhibit 5.12.1-1, ALS Permissions Chart

  8. 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.

  9. When removing or requesting employee permissions, 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.

  10. Use the OL5081 process to remove retired or resigned employees from the database immediately upon notification.

5.12.1.19  (10-14-2013)
Contacting Recording Officials

  1. CLO is the contact point with recording officials and they have been instructed to contact CLO if they have a complaint with the Service.

  2. CLO may take any or all the following actions:

    1. Explain the Service's position and attempt to resolve the issue.

    2. Document any conversations and also retain any correspondence received from the official.

    3. Decide on a list of actions to be taken to resolve the issue.

    4. Initiate corrective actions if you determine that established policies or procedures have not been followed.

    5. Contact the employee who originated or requested a lien document filing.

    6. Contact area counsel and/or the local governmental liaison staff to determine if policies or practices have been established.

    7. Contact the recording official and outline our procedures and any code or regulation requirements.

    8. If Collection Policy lien analysts are contacted, they along with SBSE Counsel, will determine further appropriate corrective actions.

    9. If it is determined that procedural changes are required, initiate a systems change request and submit to Headquarters for approval.

    10. Request interim guidance, if necessary.

  3. If a recorder contacts a revenue officer, the revenue officer should answer the question if they are able to but also the revenue officer should direct the recorder to CLO and inform CLO of the conversation and the recorder's concern so that it may be addressed. CLO is in the best position to recognize if the concern is a one-time situation or if there are multiple recorders with concerns on the same topic.

Exhibit 5.12.1-1 
ALS Permissions Chart

ALS access options have been established for the following employees, including affiliated tax examiners, clerks and group secretaries. Permissions must be approved by managers and may be altered to meet specific employee needs.

Permission RO TAS and Appeals MOIC (Monitoring Offers in Compromise) COIC (Centralized Offer in Compromise) Collection Advisory and Field Insolvency CIO (Centralized Insolvency Office)
Create a Lien       x x x
Research Lien Information x x x x x x
Request Lien Release     x x x x
Withdrawal         x x
Revocations         x x
Partial Release         x x
Refile a Lien         x x
Input Court Data         x  
Update a Lien (History)       x x x
Input POA Information (NOTADD) x     x x x
Print Facsimiles x x x x x x
Amend         x  
Approve     x x
managers only
x x
Edit a Lien       x    
Bypass         *x
managers approval required
*x
managers only

Exhibit 5.12.1-2 
Glossary of Common Acronyms in IRM 5.12

ACS Automated Collection Service
AI Advisory & Insolvency
AIS Automated Insolvency System
ALS Automated Lien System
BMF Business Master File
BSV Billing Support Voucher
CAF Centralized Authorization File
CAP Collection Appeal Program
CCP Centralized Case Processing
CDP Collection Due Process
CIO Centralized Insolvency Operation
CLO Centralized Lien Operation
COIC Centralized Offer in Compromise
CPS Correspondence Production Services
CSED Collection Statute Expiration Date
DDIA Direct Debit Installment Agreement
DPC Designated Payment Code
EFT Electronic Fund Transfer
EIN Employer Identification Number
FTL Statutory Federal Tax Lien
FORT Field Office Resource Team
GM Group Manager
ICS Integrated Collection System
IDRS Integrated Data Retrieval System
IMF Individual Master File
IRC Internal Revenue Code
IRM Internal Revenue Manual
LFI Lien Filed Indicator
LLC Limited Liability Company
MCAR Mutual Collection Assistance Request
MF Master File
MFT Master File Transaction
MOIC Monitoring Offer in Compromise
NAOC NFTL After Original CSED (fka Portland Lien)
NFOI Non-Field Other Investigation
NFTL Notice of Federal Tax Lien
NMF Non-Master File
NTBFL Not To Be Filed Lien (NFTL)
OIC Offer in Compromise
PDF Portable Data Format
POA Power of Attorney
RO Revenue Officer
SFR Substitute for Return
SLID Serial Lien Identification number
SSN Social Security Number
TAS Taxpayer Advocate Service
TC Transaction Code
TFRP Trust Fund Recovery Penalty
TIN Taxpayer Identification Number
TM Territory Manager
Treas Reg Treasury Regulations
USDC United States District Court
USPS United States Postal Service

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