The NFTL can be filed in multiple locations for the same period. The IRS will send you a Notice of Your Right to a Collection Due Process Hearing within five business days of the initial filing of the NFTL for a particular tax period. You’ll then have 30 days (the date will be shown in the notice) to request a Collection Due Process (CDP) hearing with the IRS Independent Office of Appeals (Appeals). If you disagree with Appeals’ decision, you will have the right to petition the U.S. Tax Court. See Publication 1660, Collection Appeal Rights, for further information on the CDP process.
If you do not timely request a CDP hearing, you can still request an Equivalent Hearing by filing Form 12153 within one year of the day after the five-business-day period following the NFTL filing . If you disagree with Appeals’ decision, you will not have the right to petition the U.S. Tax Court.
At CDP and Equivalent Hearings, you may raise many issues including proposing an alternative way to pay your debt, such as through an installment agreement or offer in compromise, and in certain instances, to contest the existence or amount of the tax.
You may request a conference through the Collection Appeals Program (CAP) either before or after the IRS files an NFTL. Unlike with a CDP hearing, you cannot petition the U.S. Tax Court if you disagree with Appeals’ decision. See Publication 1660, Collection Appeal Rights, for a full explanation of the CAP.
You can also ask that the IRS manager review your case informally. You can obtain the manager’s name and phone number by contacting the employee listed on your notice. An IRS employee is required to give you their manager’s name and phone number when requested.
Once a lien arises, the IRS generally can’t release it until you’ve paid the tax, penalties, interest, and recording fees in full or until the IRS is no longer legally able to collect the tax. However, in certain circumstances a lien may be withdrawn, discharged, or subordinated. Visit Liens on TAS Get Help for further information.
- You need to pay the balance(s) identified in the notice immediately to stop other collection actions.
- The NFTL is a public record that can affect you and your property and assets.