When the
IRS imposes a tax lien against you, it will generally attach to all
of your property. In other words, you are not allowed to sell any of
your assets. In certain situations, though, you can sell an asset
even with a federal tax lien filed against you. These exceptions are
known as “superpriorities.”
The IRS
will allow you to sell your car to a buyer who’s unaware of the tax
lien. The good news is that most car buyers will have no knowledge of
your lien because this detail is found neither in your car title nor
your bank loan. Buyers can, however, learn about your lien if they
search your local county recorder or clerk of court, which is
unlikely to happen unless they are made aware that there might be a
tax lien in your name.
Similar
protections are afforded to securities and personal property
purchased at retail. You can sell stock to a buyer who is unaware of
the lien, and the stock can be transferred to his name free and
clear. You are also free to sell any asset if the IRS fails to
collect within the permitted timeframe, typically 10 years.
If you
have any questions about the assets you can sell while a tax lien is
in place, you might want to consult an IRS tax lawyer.
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