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Giovanni Rossi

Do Tax Liens automatically disappear after 10 years? Need help understanding

I'm trying to help my aunt navigate a complex tax situation. She and her ex-husband have about $230k in unpaid taxes from 2017, 2018, and 2019, which has resulted in liens on her primary residence and his two rental properties. She's still on the mortgage for all three properties, which complicates everything. My aunt primarily lives on distributions from her 401k these days. She consulted with a tax attorney who suggested she might consider waiting out the 10-year period for the tax debt to expire. I'm trying to understand if this is legitimate advice or if there's something we're missing. Does anyone know if tax liens really just disappear after 10 years? Are there exceptions or ways the IRS can extend this period? I'm concerned that this "wait it out" approach might backfire and want to make sure we're considering all options before she commits to this strategy. She's in her late 60s and is stressed about potentially losing her home.

The 10-year statute of limitations is real, but it's more complicated than just waiting it out. The IRS generally has 10 years from the date of assessment to collect tax debt (called the Collection Statute Expiration Date or CSED). After that time, the debt is typically considered uncollectible and the lien should be released. However, there are several important caveats your aunt should be aware of: 1. The IRS can and often does extend this 10-year period in various situations - if your aunt files bankruptcy, leaves the country for an extended period, enters into certain payment agreements, files for innocent spouse relief, or even just requests a Collection Due Process hearing. 2. The IRS may file suit to collect the taxes before the CSED expires, which could result in a judgment that lasts much longer than the original 10 years. 3. The IRS can refile the lien during the 10-year period, which can extend its effectiveness.

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So does that mean if you enter into a payment plan with the IRS, you're actually extending the amount of time they have to collect? That seems counterintuitive. What about partial payments or offers in compromise?

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Yes, certain payment arrangements can extend the collection statute. For installment agreements that involve partial payments (PPIA), the IRS typically requires you to waive the statute of limitations, essentially giving them more time to collect the full amount. For Offers in Compromise, the statute is suspended (paused) during the time the IRS is considering your offer, plus an additional 30 days. If the offer is rejected and you appeal, the suspension continues throughout the appeal process. This can add months or even years to the 10-year period.

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I went through something similar with my dad's back taxes and found this AMAZING resource at https://taxr.ai that saved us a ton of headaches. They analyzed all the tax documents, lien notices, and payment history and gave us a super clear timeline of when each tax year would expire under the statute of limitations. The system even flagged potential issues that could extend the CSED. The report showed exactly which actions would reset or extend the 10-year period, which was crucial because we almost made a mistake that would have added 5 more years! They also identified an error in the IRS assessment date calculation that would have given us the wrong expiration date.

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Did they help with figuring out if you qualified for any relief programs? My parents are in a similar situation but my mom had no idea what was happening with the finances during those years.

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How accurate was their assessment compared to what actually happened? Tax stuff always seems so unpredictable and I've been burned by "experts" before who missed important details.

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They absolutely help identify relief programs you might qualify for. Their system flagged that my dad was potentially eligible for First Time Penalty Abatement and Reasonable Cause relief for one of the tax years. They provided templates for requesting these forms of relief that we could customize. Their assessment was surprisingly accurate. They were able to pull the actual IRS assessment dates from the documents we uploaded, which gave us the exact CSED. When we later verified this info with the IRS through a phone call, it matched exactly what the taxr.ai system had calculated. The biggest value was in identifying potential tolling events (things that pause or extend the statute) that no one had warned us about.

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Just wanted to update after trying taxr.ai for my parents' situation. It was honestly eye-opening! The tool analyzed all their tax liens and found that one of the tax years was actually approaching its CSED in just 3 months, which no one had realized. Even more surprising, it flagged that my mom might qualify for Innocent Spouse Relief since she had no involvement in the business that caused the tax issue. We're now working with a tax pro to file for that relief using the documentation the system helped us organize. The timeline visualization showing exactly when each tax year would expire (assuming no extensions) was super helpful for planning. Definitely worth checking out if you're dealing with tax liens.

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For situations like this, getting actual answers directly from the IRS is crucial, but we all know how impossible it is to reach them by phone. After 7 attempts and hours of waiting on hold over 3 days, I finally discovered https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c They basically hold your place in the IRS phone queue and call you when an agent is about to answer. Using their service, I got through to an IRS collections specialist who confirmed exactly when my tax lien would expire and what specific actions would extend that deadline. The agent even noted an error in my file that was causing confusion about the assessment date. Getting the information straight from the IRS gave me confidence to make decisions about whether to wait out the CSED or pursue other options.

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How does that actually work though? I don't understand how a service can hold your place in line? Seems sketchy to give them your personal info.

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This sounds too good to be true. I've literally spent dozens of hours trying to reach the IRS over the past few months. Why would the IRS allow a third-party service to game their phone system? And if it's legit, why haven't I heard about it before?

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They use an automated system that connects to the IRS and navigates through all the prompts for you. They don't need your personal tax info - they just need to know which department you're trying to reach. When they detect a human agent is about to pick up, they call you and connect you directly with the IRS. You only speak with the actual IRS agent, not their service. I was skeptical too until I tried it. The reason it works is because they're not "gaming" the system - they're just waiting in line digitally instead of you doing it manually. The IRS doesn't care who's waiting on hold as long as the right person is on the line when the agent answers. I found out about it through a tax attorney who recommended it to clients who were struggling to get through to resolve collections issues.

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I have to eat my words about Claimyr. After posting that skeptical comment, I decided to try it anyway since I was desperate to talk to someone at the IRS about a tax lien issue similar to yours. Within 2 hours of using their service, I was speaking with an actual IRS revenue officer who specializes in liens. The agent confirmed that while the 10-year statute is real, they had already extended mine because I had filed for bankruptcy in 2019, which I didn't realize "tolled" (paused) the statute. They also explained exactly what documentation I needed to prove that one of the tax years had been assessed incorrectly. Without this conversation, I would have been waiting for a deadline that had already been pushed out 2+ years! Sometimes you really do need to speak with the IRS directly to get the full picture.

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My father-in-law went through something similar. His tax attorney actually recommended an Offer in Compromise instead of waiting out the 10 years. He ended up settling about $175k in tax debt for around $30k. The catch was that he had to prove he couldn't reasonably pay the full amount before the CSED expired based on his age and limited income potential. One thing to consider is that while the liens may expire, if your aunt's ex-husband sells those rental properties before the 10 years are up, the IRS will take their cut from the proceeds. Also, the liens impact credit scores and ability to refinance, which might be more costly over 10 years than addressing it proactively.

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How much did the tax attorney charge for handling the Offer in Compromise? I've heard they can be pretty expensive and wasn't sure if it's worth it.

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The attorney charged $5,000 for the OIC process, but that included everything from preparation to negotiation with the IRS. Considering they saved him around $145k, it was definitely worth it. Some people try to file OICs themselves, but the acceptance rate is much lower for self-prepared offers. The attorney knew exactly how to value assets, calculate future income potential, and present the most compelling case. The process took about 8 months from start to finish, and they handled all communication with the IRS during that time, which was a huge stress relief.

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Just want to point out that the IRS can refile the Notice of Federal Tax Lien during the 10-year period, which extends the time the lien affects your aunt's credit report and encumbers the property. Also, if the IRS files suit before the CSED expires, they can get a judgment that lasts WAY longer than 10 years. My suggestion would be to at least explore an installment agreement that your aunt can afford. Even small payments show good faith and might prevent the IRS from taking more aggressive collection actions while you figure out a long-term strategy. Just be aware that some installment agreements require you to extend the CSED.

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But if she's only living on retirement income, isn't that protected from IRS garnishment anyway? I thought IRAs and 401ks had some special protection.

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@Keisha Jackson You re'partially right, but it s'not that simple. While 401k funds are generally protected from creditors while they re'IN the account, once distributed they become regular income that the IRS can levy. The IRS has broad collection powers and can garnish wages, bank accounts, and other income sources. However, there are some protections for retirees. Social Security benefits have strong protections though (the IRS can still levy them in certain cases ,)and there are necessary "living expense allowances" that might protect some retirement income. But if your aunt has significant assets like the house she lives in, the IRS could potentially force a sale to satisfy the debt. This is exactly why getting professional advice is so important - the interaction between retirement income, asset protection, and tax collection is complex and very fact-specific.

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Your aunt's situation is definitely complex, and the "wait it out" strategy has both merits and serious risks that need careful consideration. While the 10-year Collection Statute Expiration Date (CSED) is real, there are several factors that could make this approach backfire. First, let me echo what others have said about tolling events - these can significantly extend the 10-year period. Since your aunt is still on the mortgage for multiple properties, the IRS has substantial leverage and may be more aggressive in their collection efforts before the CSED expires. Given that she's in her late 60s and stressed about losing her home, I'd strongly recommend getting a second opinion from a tax professional who specializes in collections. The fact that she's primarily living on 401k distributions might actually work in her favor for certain relief programs or settlement options. A few specific considerations for your aunt: - Her age and income source might make her a good candidate for Currently Not Collectible status or a partial payment installment agreement - If she can prove financial hardship, an Offer in Compromise might settle the debt for much less than $230k - The stress and uncertainty of waiting 6+ more years (assuming 2017 assessments) might not be worth it compared to resolving it now I'd suggest getting the exact CSED dates from the IRS directly and having a collections specialist review all her options before committing to the waiting strategy. Sometimes proactive resolution, even if it costs something upfront, provides better long-term financial and emotional outcomes.

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This is really helpful advice, especially the point about Currently Not Collectible status. I hadn't heard of that option before. Given that my aunt is essentially living on a fixed retirement income and is in her late 60s, this might be exactly what she needs to explore. The stress factor you mentioned is huge - she's been losing sleep over this for months, and the uncertainty of waiting 6+ more years while worrying about losing her home is taking a real toll on her health. Sometimes peace of mind is worth more than saving money. Do you know if Currently Not Collectible status would stop the liens from affecting her credit or her ability to refinance if rates improve? And would pursuing that status trigger any of those tolling events that could extend the 10-year period?

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