Occasionally when providing tax relief services to a new client in our Boca Raton office I’m asked whether the IRS can take their house.
The short answer is yes, however the IRS will rarely seize your home for back tax problems. The IRS will typically look for other collection alternatives to satisfy your unpaid taxes as they don’t want to put taxpayer’s and their families on the street and the negative publicity that comes with taking your home.
It is much easier for them to levy your bank account or garnish your wages than seizing and selling your home. If you were to guess the number of seizures that occur each year, you would probably not come close to the actual figure. In fact, during the last fiscal year there were less than 600 seizures of real and personal property. With millions of taxpayer’s owing back taxes, you can see that the chances of the IRS wanting to take your home are very slim.
Before the IRS can seize and sell your home, an area director must first approve your case for referral to the Department of Justice which then must go to Court to obtain a judgment to foreclose on your home. You have the right defend the sale of your home by responding to the lawsuit.
Generally, the IRS will not refer your case to the Department of Justice unless your unpaid taxes are substantial, there is a considerable amount of equity in your home, and you have failed to communicate and cooperate with the IRS and you continue to accrue new tax liabilities.
If you are concerned that the IRS may try to take your home or simply want to resolve back tax problems call our conveniently located office in Boca Raton to learn how our tax relief services can help you.