Yes, Place a Lien on Your Children’s Property
This May Be An Effective Tax Planning Tool
We represent taxpayers who have tax problems. They often owe the IRS thousands of dollars. They may have lost their job, had a serious medical issue, or had suffered some other financial hardship which prevented them from paying their taxes. As is often the case in such situations, they may have borrowed from parents, children, and friends to make ends meet.
Eventually the IRS comes knocking on their door (literally and figuratively) and demands payment of past taxes due, interest and penalties. The interest and penalties often increase the amount owed to the IRS by 50% of the taxes due. One option open to the IRS is to place a lien on the properties held by the taxpayer. When those properties are sold (or seized by the IRS) to satisfy the tax debt, those loans from friends and family members will often not be repaid. Your friendly creditors are the losers and the IRS is the winner.
When monies are lent between friends and family, it is often consummated with an oral promise and a handshake. There is the lack of formality.
Did you know that there is a legal way to ensure that family and friends get to the front of the line (ahead of the IRS) when property is sold?
When property with liens on it is disposed, generally the oldest liens are satisfied first. This is why the mortgage company is protected because its lien is attached to the mortgaged property when it is purchased. The mortgage company could care less who files liens after it does because it is first in line.
So how do you protect your friends and family? You need to [Read more…] about Yes, Place a Lien on Your Children’s Property