IRS Lien selling house

[CCCrazy]

Perhaps someone can chime in about my situation. I owe 4K in taxes for year 2008. I filed my taxes late January, filed 7 March 9 and was discharged June 30. Should I just assume that they are going to take my $1,500 refund for the next 3 or 4 years? Or will they actually try to garnish my wages? I really don't want to be on a payment plan - I'd prefer them just to take my refunds. I won't miss something I never had in my bank account.

[brooklyn]

Okay, so let's take a step back. I think I got confused with two different discussions going on.

If it's from tax year 2004, due in 2005 without penalty... then generally it's dischargeable (not the lien). But...

You would also need to have filed the tax return 2 years before filing.

If this was an assessment that came later, it has been at least 240 days from the time of the assessment to the time of your filing the petition. So, so long as this was for 2004, and you filed a return

If all those are true... taxes are from 2004 due 2005 (okay), you filed a return at least 2 years from filing (before about June 2007), and it wasn't an assessment, or it was assessed after the taxes were due and at least 240 days before filing (about November, 2008).... then you can discharge it.

However, it won't discharge the lien on the property. If all of your pre-petition personal property goes back to the lender (car, home), then the lien will just go away. So, there are still questions as to what property you'll have left after this.

For your information, the IRS lien attaches to all personal property.

First of all, Justbroke, thanks for the responses, greatly appreciated.
You are correct, this is all over the 240 day 3 year limit. So I guess when this is done I should just walk away and don't look back

[justbroke]

First of all, Justbroke, thanks for the responses, greatly appreciated. You are correct, this is all over the 240 day 3 year limit. So I guess when this is done I should just walk away and don't look back

Excellent. Yes, you can just look away. Did you file with an attorney?

[justbroke]

Perhaps someone can chime in about my situation. I owe 4K in taxes for year 2008. I filed my taxes late January, filed 7 March 9 and was discharged June 30. Should I just assume that they are going to take my $1,500 refund for the next 3 or 4 years?

No, that's a bad assumption.

Or will they actually try to garnish my wages?

You will start to get letters. I think they read Notice of Intent to Levy or something like that. Don't let them levy anything! You should voluntarily setup a payment plan. Once that garnishment starts, you can't stop it.

I really don't want to be on a payment plan - I'd prefer them just to take my refunds. I won't miss something I never had in my bank account.

As I wrote, they may decide to take action, as they did with me on only $3K in past due taxes. I voluntarily had them take payments from my employer. When I went to stop the payments, my employer stated that it was done by the IRS and is a Levy (garnishment) and I can't stop it without a notice from them!

[brooklyn]

Excellent. Yes, you can just look away. Did you file with an attorney?

Yes. Probably would use someone else if doing it again though