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Published:   |   Last Updated: October 24, 2024

Withdrawal of Notice of Federal Tax Lien

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Overview

There is a difference between a lien release and a lien withdrawal. A lien is released when the tax debt has been satisfied. A lien withdrawal removes the effects of a publicly recorded Notice of Federal Tax Lien (NFTL) when taxes are still owed.

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What does this mean to me?

The IRS has filed a NFTL for unpaid tax balances. 

Paying the tax balance in full can stop other collection actions. 

The NFTL is a public record that can affect you and your property and assets. 

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2.

How did I get here?

When you don’t pay your taxes, the IRS can file a public document with the local and/or state authorities.  

When the NFTL is filed, it alerts creditors you owe the government. 

The NFTL secures the priority of the government’s claim to your current and future property and assets until the balance is paid in full. 

While NFTLs no longer appear on credit reports, they may still affect your ability to get credit if a potential creditor uses other resources, such as public records, to discover the NFTL. 

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What are my next steps?

When a NFTL is filed because you owe taxes, the IRS can withdraw it from public record under certain conditions. 

Conditions the NFTL can be withdrawn are: 

  • When the NFTL was filed before the IRS could file a lien or it wasn’t filed correctly. 
  • If you have an installment agreement (IA) that will full pay the taxes owed, and the NFTL was not a condition of the IA. 
    • If an IA defaults, a new NFTL can be filed. 
  • If withdrawal will facilitate the collection of tax. 
  • You, or the Taxpayer Advocate acting on your behalf, believes withdrawal is in the best interest of the taxpayer and the government.

To apply for a lien withdrawal after the tax is full paid and the lien was released, then you must make the request in writing and have submitted all your required tax returns including current estimated tax payments, if applicable. 

To apply for withdrawal of the NFTL, submit Form 12277, Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien (Internal Revenue Code Section 6323(j).

The IRS will notify you by letter if your application was accepted or denied. 

If your application is denied, you can request a conference with the IRS Independent Office of Appeals using a Form 9423, Collection Appeal Request. See Publication 1660, Collection Appeal Rights, for full explanation of the Collection Appeal Program. 

There are other types of lien relief the IRS offers. See Lien Relief for more options. 


Where can I get additional help?

Form 12277

Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien (Internal Revenue Code Section 6323(j) 

Download

Publication 1468

Guidelines for Notices of Federal Tax Liens and Centralized Lien Processing  

Download

General Resources

Understanding your notice or letter

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The Taxpayer Advocate Service is an independent organization within the IRS. TAS helps taxpayers resolve problems with the IRS, makes administrative and legislative recommendations to prevent or correct the problems, and protects taxpayer rights. TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You may be eligible for free TAS help if your IRS problem is causing financial difficulty, if you’ve tried and been unable to resolve your issue with the IRS, or if you believe an IRS system, process, or procedure just isn’t working as it should.

TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your local advocate’s number:

Low Income Taxpayer Clinics (LITCs) assist individuals whose income is below a certain level who need to resolve tax problems with the IRS. They also provide education, outreach, and information on taxpayer rights to individuals who speak English as a second language. LITCs represent taxpayers in disputes before the IRS and courts and help taxpayers respond to IRS notices and correct account problems. Services are offered for free or a small fee. LITCs are independent from the IRS and TAS. For more information or to find an LITC near you, see the LITC Page or Publication 4134, Low Income Taxpayer Clinic List. You can also request Pub. 4134 by calling 800-TAX-FORM (800-829-3676).

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