Investing in property tax liens can be very profitable, but if you're new to the tax lien arena, some background information is the best place to start. In its simplest form, a tax lien is a mechanism that guarantees that a lender will be paid for a debt by allotting a tax commitment on the debtors' property. This then effectively prevents the property owner from raising further capital or financing secured against that property.
The most common type of tax lien is a mortgage lien - this is where the lien is secured against the property on which the debtor holds a mortgage. If the debtor - in this case the property owner - is unable to repay the taxes owed against his property he risks losing his property.
Of the property liens we are considering here, there are two types - namely the general lien and the particular lien. The particular lien comes into play when an investor claims the right of access to a property in return for services or money which they invested in the particular property. Most liens can also be divided into two main groups - namely legal and federal liens (which can be enforced in a court of law) and equity liens which are valid only in courts dealing with equity.
When buying a tax lien certificate, rather than buying the property, you are actually only lending the property owner the money they need to repay their back taxes. Initially, you are not buying the property. In return however, the property owner is legally agreeing to repay a predetermined amount of interest on your loan - which can be anywhere from 6% to 50% depending on the agreement and the state where you are buying the lien. The property owner is also agreeing to repay your money within a predetermined time period, which will be stated as part of the tax lien certificate.
So here's how we make our profits. If the property owner is able to repay the value of the tax lien certificate back to you within the allotted schedule, including all interest owed to you, he retains ownership of the property, and his credit rating remains intact.
If the owner is unable to pay the loan, you take possession of the property as the owner of the tax lien certificate secured against it. As the new owner you are able to manage the property as you see fit - renovate it, rent it, sell it etc.
So as a quick recap, s an owner of a tax lien certificate, you will either make a profit by way of the interest repaid on your loan to the property owner, or of the owner is unable to make the repayment, you take ownership of the property and make your profit from how you then manage that property.
There is a lot more information you need to be aware of, and a lot more knowledge required before you go off a buy your first property tax lien certificate, but in simple terms, it is a very realistic model to make money and invest in real estate.
How To Buy Tax Liens
The IRS has wide powers of collection of tax. One of the first things they do is to file a lien. Actually, by law, lien attaches to all the properties of the tax payer once a federal tax demand is raised. What this means is that the IRS has a right over these properties to the extent of the tax dues.
However, to make the lien effective, it needs to be filed in the public records which can be the local county office where you file tax returns. Normally this is done if the IRS considers that you are neglecting your tax dues.
The filing of lien has very adverse implication for the tax payer. It has the effect of serving a public notice particularly on the creditors that the properties of the tax payer are now encumbered with the tax debt. As a result, the credit rating of the tax payer takes a nosedive.
Normally, all credits are advanced against security of the assets owned by a person whether or not the person is actually required to mortgage a property in favor of the creditor. The filing of the tax lien has the effect of announcing to the world at large that the person is a tax defaulter.
No creditor will like to lend to a person knowing that the properties of the person are not free from debt and therefore his loan is not secure. Getting fresh loans will become very difficult for such a person.
What is the solution? Of course, the best thing to do is to clear the tax debt immediately and get the lien released. This can be done through payment or through adjustment of pending refunds. The IRS is obliged to release the lien within thirty days of the full tax dues including interest and penalty being paid.
If it is not possible to pay up the entire dues in one lump sum, the tax payer can make request for payment in installments. Once an installment agreement is reached, it may be possible to request for release of lien. However, this request may not be granted as the IRS likes to keep the lien as security of the tax debt.
Nevertheless, it may be possible to negotiate this relief if the installments are paid through payroll deduction from wages or electronic clearance from the bank account. This is because the consent given for such automatic deduction becomes a guarantee for future installment payments.
Another option is to give a bond to the satisfaction of the IRS guaranteeing the payment. This can be in the form of a bank guarantee or any third party guarantee. It should also be possible to offer a scheme of payment through sale of part of the property or one of the properties.
The IRS may release the lien if they are convinced that the sale will result in the collection of tax. It is also possible to get the lien on a property subordinated to another lien to access further credit.
The key lies in negotiating a bonafide scheme of tax payment with the IRS. For more information, see Publication 1450 of the IRS available on the IRS's website. If the thought of trying to fight the government scares you, you should contact a professional IRS tax negotiator and have them remove the lien for you.
Both Mike Fairweather & Neil Lemons are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Mike Fairweather has sinced written about articles on various topics from Tax Liens. Real estate investor Mike Fairweather covers how to invest in real estate without massive investments. can be a very pro. Mike Fairweather's top article generates over 720 views. to your Favourites.
Neil Lemons has sinced written about articles on various topics from Legal Matters, Dog Care and Payday Loans. Neil Lemons represents Allied Tax Solutions, a 30 year IRS tax representation firm with ex-IRS agents that help you get your life back. To learn more on . Neil Lemons's top article generates over 6600 views. to your Favourites.
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