In a perfect world, putting your assets
on trust spares your beneficiaries from the inconveniences that come with
probate proceedings. What if a federal tax lien enters the picture, though?
Placing your assets into a living trust doesn’t keep it from your creditors’
reach—not especially if you owe the IRS.
Technically, all property transferred in
a living trust is still your property unless such transfer constitutes a sale.
If the trust is revocable, it can be changed as you will any time.
Nevertheless, the government can still seize your property by filing a federal
tax lien on it. As for irrevocable trust, your properties are better protected
because it makes it more difficult to withdraw the property from the
beneficiary. If you fail to pay your tax debt, the IRS can’t go after the trust
assets unless it shows you’re committing some sort of tax fraud.
Nonetheless, anything your trust assets
earn will proceed to the income taxes, otherwise, the IRS may file a lien
against them. Regardless of whether you control the trust or not, your tax debt
has to be paid or else, the IRS may foreclose your properties if it’s left with
no other means to collect money from you. In this case, it would be best to
file an appeal if you deem the tax claim inappropriate or negotiate a
settlement with a tax lawyer on your side.
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