Fillable P783 Publication 783 (Rev. 6-2010)

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P783 Publication 783 (Rev. 6-2010)

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Instructions on how to apply for
Certicate of Discharge From Federal Tax Lien
A Certicate of Discharge under Internal Revenue Code Sec-
tion 6325(b) removes the United States’ lien from the property
named in the certicate. Discharge of property under Internal
Revenue Code Section 6325(c) subject to an Estate Tax Lien is
not covered in this publication. For Estate Tax Lien discharges
see instead the application and instructions found in Form 4422
1.
Complete Form 14135,
Application for Certicate of Dis-
charge of Federal Tax Lien attached with this publication.
2.
Mail the completed Form 14135 and the appropriate
attachments to:
IRS, Attn: Advisory Group Manager
(Refer to Publication 4235 Collection Advisory Group
Addresses for the correct address. The correct address
is the ofce assigned to the location where the property is
located.)
If you have any questions, contact the applicable Advisory
Ofce.
If you want to know how much you owe in order to pay the
lien(s) in full, call 1-800-913-6050, visit the nearest Taxpayer
Assistance Center
, or contact the revenue ofcer assigned to
your case.
Important!
Please submit your application at least 45 days before the trans-
action date that the certicate of discharge is needed. Doing
so will allow sufcient time for review, determination, notication
and the furnishing of any applicable documents by the transac-
tion date.
Information Required on the Application
Section 1 - Taxpayer Information
1.
Enter the name and address of the individual(s) or business
as it appears on the Notice of Federal Tax Lien (NFTL). A
second name line is provided if needed.
2.
Enter, if known, the last 4 digits of the social security
number (SSN) or full employer identication number as it
appears on the NFTL.
3.
Enter, if known and if applicable, the last 4 digits of any
spousal SSN (secondary SSN) associated with the tax debt
listed on the NFTL.
4.
Provide a daytime phone number and a fax number.
Section 2 - Applicant Information
1.
Check the box on the rst line of Section 2 if you are both
the taxpayer and the applicant. If you are not the taxpayer,
attach a copy of the lien.
2.
If you have checked the box indicating that you are the
taxpayer and your information is the same as listed on the
lien, enter “same as taxpayer” on the name line.
3.
If you are
not the taxpayer or you are the taxpayer but your
information is no longer the same as the information on the
Notice of Federal Tax Lien, enter your name (include any
name changes), current address, daytime phone number
and fax number.
4.
If you are
not the taxpayer, enter in the box next to “Name”
your relationship to the taxpayer (e.g. parent, uncle, sister,
no relation, etc).
Section 3 - Purchaser/Transferee/New Owner
1.
Check the box on the rst line of Section 3 if you are both
the property owner and the applicant.
2.
Enter the name of the property owner. Or enter “NA” if you
have checked the box indicating you are both the applicant
and the property owner, enter, “same as applicant”.
3.
Enter the property owner’s relationship to the taxpayer (e.g.
taxpayer, parent, no relation, etc.).
Section 4 - Attorney/Representative Information
This section is used to list the taxpayer’s representative or a
representative of a party other than the taxpayer, such as the
lender, needing to receive information from the IRS. However,
you do not need a representative to request discharge of the
federal tax lien.
1.
Check the box on the rst line of Section 4 if you are attach-
ing a Form 8821 (Tax Information Authority) or Form 2848
(Power of Attorney) with your application. If you are attach-
ing one of these forms, please make sure it is completely
lled out, signed,
and dated. You must provide one of these
forms if the representative represents an interest other than
the taxpayer.
2.
Enter the name, address, phone number, and fax number
of your representative in this action. The IRS will work
with you and your representative to process your applica-
tion. Or enter “NA” on the name line if you are not using a
representative.
3.
Enter whose interest the representative represents (e.g.
taxpayer, lender, title company, etc.). This allows the IRS to
determine what information can be shared with the repre-
sentative.
Section 5 – Lender/Finance Company Information
(Settlement/Escrow Company for Section 6325(b)(3) only)
Enter the company name, contact name, and phone number for
the title or escrow company that will be used at settlement.
Section 6 – Monetary Information
1.
Provide the proposed property sale amount
2. Provide the amount of proceeds the IRS can expect for ap-
plication to the tax liability.
3.
Enter NA for the amount of proceeds the IRS can expect, if
you anticipate there will be no proceeds.
Section 7 - Basis for Discharge
Discharge of property from the federal tax lien may be granted
under several Internal Revenue Code (IRC) provisions. After
reviewing the discharge sections, explanations, and examples
below, select the discharge section that best applies to your ap-
plication. If the IRS does not agree with your selection after its
review, an explanation of the decision will be provided.
Publication 783 (Rev. 6-2010) Catalog Number 46755I Department of the Treasury Internal Revenue Services www.irs.gov
1. 6325(b)(1) – a discharge may be issued under this pro-
vision if the value of the taxpayer’s remaining property
encumbered by the federal tax lien is equal to at least twice
the amount of the federal tax liability secured by the lien
and any encumbrance entered into before the IRS led its
public notice of the lien. If there are mortgages, state and/
or local taxes, mechanics liens, etc., the amount of these
debts would be added to the amount of the tax liability and
multiplied by 2.
Example
Tax liability $15,500
Other Debts + 23,334
38,834
X 2
$77,668
The property remaining subject to the lien must be at least
$77,668.
2.
6325(b)(2)(A)
– a discharge may be issued under this
provision when the tax liability is partially satised with an
amount paid that is not less than the value of the United
States’ interest in the property being discharged. For exam-
ple, the IRS has a lien totaling $203,000 and with the ...
• Property selling for: $215,000
• Minus encumbrances senior to IRS lien: $135,000
• Minus proposed settlement costs: $
15,000
• The IRS lien interest equals: $ 65,000
After the IRS receives and applies the $65,000 in partial
satisfaction of the tax liability, there remains an outstanding
tax debt of $138,000.
In the case of Tenancy by Entireties property
, the United
States is generally paid one-half of the proceeds in partial
satisfaction of the liability secured by the tax lien.
3.
6325(b)(2)(B)
- a discharge may be issued under this
provision when it is determined that the government’s
interest in the property has no value. The debts senior to
the federal tax lien are greater than the fair market value of
the property or greater than the sale value of the property.
Submit a copy of the proposed escrow agreement as part
of the application.
4.
6325(b)(3)
– a discharge may be issued under this provi-
sion if an agreement is reached with the IRS allowing the
property to be sold. Per an escrow agreement the sale
proceeds must be held in a fund subject to the claims of the
United States in the same manner and priority the claims
had prior to the property being discharged. For example,
there are two mortgages senior to the IRS tax lien total-
ing $32,000 and $5,000. The government’s interest in the
property is $40,000 and there are liens on the property
junior to the IRS lien in the amount of $3,000, $12,000 and
$2,990.
The proceeds from the sale would be dispensed by
paying the debts in the following sequence.
a.
$32,000
b. $5,000
c. $40,000
d. $3,000
e. 12,000
f. $2,990
Submit a copy of the proposed escrow agreement.
5.
6325(b)(4) – a discharge will be issued under this provision
to a third party who owns the property if a deposit is made
or an acceptable bond provided equal to the government’s
interest in the property. In the case of Tenancy by
Entireties property, a deposit or an acceptable bond
totaling one-half the government’s interest in the property
must be made. If you are the property owner (but not the
taxpayer, i.e., you are not responsible for the tax liability)
and you make a deposit or post an acceptable bond to
obtain a discharge under this section, you have 120 days
to le an action in federal district court, under section
7426(a)(4), challenging the IRS’ determination of the
government’s lien interest. This is the exclusive remedy
available to the third party for the return of the deposit
or accepted bond or a portion thereof. An administrative
request for refund and a refund suit in district court is not
available. The Circular 570, available at http://fms.treas.
gov/c570/index.html contains a list of companies certied
by the Secretary of the Treasury as providers of acceptable
securities.
6.
6325(c)
– a discharge of property subject to an Estate Tax
Lien is not covered in this publication. Please refer to Form
4422.
Section 8 - Description of Property
1.
Enter a detailed description of the property to be discharged
from the federal tax lien.
2.
When the property is real estate include the type of prop-
erty, for example, 3-bedroom house; etc. When the property
is personal property include serial or vehicle numbers, as
appropriate, for example, 2002 Cessna twin engine air-
plane, serial number AT919000000000X00; etc.
3.
Provide the physical address if real estate or physical loca-
tion address if personal property.
4.
Check the appropriate box to indicate whether you attached
a copy of the title or deed to the property.
5.
If you are applying under 6325(b)(1) check the “Attached”
box and attach copies of the titles or deeds for property
remaining subject to the lien. If you are not applying under
6325(b)(1) check the “NA” box.
Section 9 - Appraisal and Valuations
1.
Check the “Attached” box after “Required Appraisal” indi-
cate whether you have attached the required appraisal by
a disinterested third party. This is typically a professional
appraisal providing neighborhood analysis; description of
the site; description of the improvements; cost approach;
comparable sales; denition of market value; certication;
contingent and limiting conditions; interior and exterior
photos of the property; exterior photos of comparable sales
used; comparable sales location map; sketch of subject
property showing room layout; ood map and qualications
of the appraiser.
2.
Check the appropriate box under the “
Plus One of the Fol-
lowing Additional Valuations” section to indicate which other
type of property value verication is attached with your
application.
Note: For applications under IRC 6325(b)(1), valuation
information described above must also be provided for
property remaining subject to lien.
Note: For property being sold at public auction, provide
the date and place of the sale, the proposed amount for
which the property will be sold, and a statement that the
United States will be paid in the proper priority from the
proceeds.
Publication 783 (Rev. 6-2010) Catalog Number 46755I Department of the Treasury Internal Revenue Services www.irs.gov
Section 10 - Federal Tax Liens
This section is important when the applicant and the taxpayer
are different. If the applicant and the taxpayer are the same,
this section may be skipped.
1.
Check the “attached” box if you have attached copies of the
liens with your application.
2.
If you checked the “no” box list the System Lien Identica-
tion Number (SLID) found in the top right hand box of the
lien document, if
available. If you do not have the number(s)
enter “unknown” in the rst box.
Section 11 - Sales Contract/Purchase Agreement
1.
Check the box indicating whether the proposed sales con-
tract or purchase agreement is attached.
2.
If you checked the “no” box, describe how the taxpayer
named on the lien will be divested of their interest in the
property or why they have no interest in the property.
Section 12 - Title Report
1.
Check the box indicating whether the title report is attached.
2. If you checked the “no” box, use the space provided to list
any encumbrances (liens or claims) against the property
that came into existence before the United States’ lien inter-
est or which have priority over the lien. Include name and
address of holder; description of encumbrance, e.g., mort-
gage, state lien, etc.; date of agreement; original amount
and interest rate; amount due at time of application; and
family relationship of the holder, if applicable.
3.
Attach a separate sheet with the information in item # 2
above if there is not enough space provided on the form.
Section 13 - Closing Statement
1.
Check the box indicating whether the proposed closing
statement is attached. This statement is often referred to
as a HUD-1.
2.
If you checked the “no” box, use the space provided to
itemize all proposed costs, commissions, and expenses of
any transfer or sale associated with property.
3.
Attach a separate sheet with the information in item # 2
above if there is not enough space provided on the form.
Section 14 - Additional Information
1.
Check the box indicating whether you are attaching other
documents relevant to the discharge application. This
could include afdavits or court documents.
2.
Check the “no” box if you do not have any additional docu-
mentation.
Section 15 - Escrow Agreement
1.
Check the box indicating whether you are attaching a draft
escrow agreement. This is only applicable if you are apply-
ing under 6325(b)(3).
2.
An escrow agreement must specify type of account,
name and depositary for account, conditions under which
payment will be made, cost of escrow, and the name
and address of any party identied as part of the escrow
agreement.
Section 16 - Waiver
This section applies only if you are:
• The property owner, but
• Not liable for the tax debt (i.e. not named on the lien), and
• Applying under 6325(b)(2)(A).
By checking the “Waive” box you are waiving the option to have
the payment treated as a deposit under section 6325(b)(4)
which has the accompanying right to request a return of funds
and to bring an action under section 7426(a)(4).
If you check the “no” box, your application will automatically be
considered under 6325(b)(4) which provides for return of depos-
ited funds and a court challenge under 7426(b)(4).
Section 17 - Declaration
The applicant or their authorized Power of Attorney signs the
application form. You must sign your application under penalties
of perjury attesting to having examined the application, accom-
panying schedules or documents, exhibits, afdavits, and state-
ments and declaring to the best of your knowledge and belief
that it is true, correct and complete.
Frequently Asked Questions
Q1: When do I make a payment?
The Internal Revenue Code section under which the certicate
of discharge will be issued or granted determines the details
regarding making a payment.
• Discharge under 6325(b)(1) or 6325(b)(2)(B) does not
require a payment.
• Discharge under 6325(b)(2)(A) requires a payment, but do
not send a payment with the application. The Advisory Group
Manager will notify you, after determining the amount due,
when to send payment.
NOTE: If a mortgage foreclosure is anticipated, the applica-
tion is made under section 6325(b)(2)(A) or 6325(b)(2)(B). A
determination will be made that either an amount is required for
discharge or the United States’ interest is valueless.
In the case of foreclosure you will receive, within 30 days of the
receipt of a complete and approved application, a conditional
commitment letter for a certicate of discharge.
NOTE: Relocation Expenses - If a discharge under 6325(b)(2)
(A) or 6325(b)(2)(B) is issued and if the sale is of the principal
residence, the taxpayer may be eligible for a relocation expense
allowance because of an inability to pay. The relocation ex-
pense allowance is subject to limitations. To apply for the allow-
ance complete and submit Form 12451, “Request for Relocation
Expense Allowance” with the application for discharge.
• Discharge under 6325(b)(3) requires a payment, but do not
send a payment with the application. First, the draft escrow
agreement must be submitted.
Second, the Advisory Group Manager approves the escrow
agent selected by the applicant; any reasonable expenses
submitted as incurred in connection with the sale of the prop-
erty; the claim amounts and priorities, and the distribution
timing of the fund.
Third, the agreement is nalized and contains signatures of
all parties involved including Advisory Group Manager prior to
the discharge being issued.
Publication 783 (Rev. 6-2010) Catalog Number 46755I Department of the Treasury Internal Revenue Services www.irs.gov
Note: The escrow account must be funded before payment of
any claim or lien through money paid by the applicant or from
the sale proceeds.
• Discharge under 6325(b)(4) requires a bond or deposit but
do not send one with the application. The Advisory Group
manager must rst determine the amount of bond or deposit
needed for the discharge and determine that the bond com-
pany, if applicable, is from the approved list.
Q2: What is an acceptable form of payment?
Make payments in cash or by the following types of checks: cer-
tied; cashiers; or treasurer’s check. The check must be drawn
on any bank or trust company incorporated under the laws of
the United States, or of any state, or possession of the United
States. Payment can also be made using a United States
postal, bank, express or telegraph money order.
Important! If you pay by personal check, issuance of the
certicate of discharge will be delayed until the bank honors the
check.
Q3: Who makes the decision to issue a Certicate of
Discharge?
In all cases Advisory staff will review and verify the information
provided, determine whether a certicate of discharge should
be issued, and contact you with any questions. Advisory may
contact you, your representative, or any person relative to the
transaction for additional information.
The Advisory Group Manager has the responsibility to review
and approve the determination and let you know the outcome.
If approved, you will receive a conditional commitment letter.
Q4: When will I receive the Certicate of Discharge?
The Internal Revenue Code under which the certicate of dis-
charge will be issued or granted and the time at which you are
divested of your interest in the property determines when you
will receive the certicate.
• Under 6325(b)(1) you will receive the certicate when it is
determined the remaining property meets the criteria of the
provision.
• Under 6325(b)(2)(A) you will receive the certicate after IRS
receives payment of the agreed upon amount in partial sat-
isfaction of the tax liability, proof that the taxpayer has been
divested of title, and receipt of a copy of the nal settlement
statement.
• Under 6325(b)(2)(B) you will receive the certicate when it
is determined that the government’s interest in the property
is valueless, the IRS has received proof that the taxpayer
has been divested of title, and a copy of the nal settlement
statement.
NOTE: Under provisions 6325(b)(2)(A) and 6325(b)(2)(B)
at the conclusion of a mortgage foreclosure the certicate
will be issued in accordance with the terms of the conditional
commitment letter. Also see, Publication 487, How to Prepare
an Application Requesting the United States to Release Its
Right to Redeem Property Secured by a Federal Tax Lien.
• Under 6325(b)(3) you will receive the certicate when the
amount of the government’s interest in the property has been
placed in the approved escrow account.
• Under 6325(b)(4) you will receive the certicate when the
amount equal to the government’s interest in the property is
received or an approved bond has posted.
Q5: What happens if my application is denied?
If your application is denied, you will receive Form 9423, Col-
lection Appeal Request and Publication 1660, Collection Appeal
Rights, with an explanation of why your application was denied.
Privacy and Paperwork Reduction Act Notice
The Privacy act of 1974 says that when we ask you for informa-
tion about yourself, we must rst tell you our legal right to ask
for the information, why we are asking for it, and how it will be
used. We must also tell you what could happen if you do not
provide it and whether or not you must respond under the law.
We ask for the information on this form to carry out the Internal
Revenue laws of the United States. This information requested
on this form is needed to process your application and to
determine whether the federal tax lien can be discharged. You
are not required to apply for discharge; however, if you want the
federal tax lien to be discharged, you are required to provide
the information requested on this form. Section 6109 requires
you to provide the requested identication numbers. Failure to
provide this information may delay or prevent processing your
application; providing any false information may subject you to
penalties.
The time needed to complete and le this form will vary de-
pending on individual circumstances. The estimated burden
for individuals ling this form is approved under OMB control
number 1545-2174. The estimated burden for those who le
this form is shown below.
• Recordkeeping 2 hr., 45 min.
• Learning about the law or the form 2 hr.
• Preparing the form 1 hr., 30 min.
• Copying, assembling, and sending the form to the IRS 85
min.
Routine uses of this information include giving it to the Depart-
ment of Justice for civil and criminal litigation, and to cities,
states, the District of Columbia, and United States common-
wealths and possessions for use in administering their tax laws.
Advisory may contact you, your representative, or any person
relative to the transaction for additional information. We may
also disclose this information to other countries under a tax
treaty, to federal and state agencies to enforce federal nontax
criminal laws, or to federal law enforcement and intelligence
agencies to combat terrorism.
Publication 783 (Rev. 6-2010) Catalog Number 46755I Department of the Treasury Internal Revenue Services www.irs.gov
Form 14135
(June 2010)
Application for Certificate of Discharge of
Property from Federal Tax Lien
Department of the Treasury — Internal Revenue Service
OMB No. 1545-2174
Complete the entire application. Enter NA (not applicable), when appropriate. Attachments and exhibits should be
included as necessary. Additional information may be requested of you or a third party to clarify the details of the
transaction(s).
1. Taxpayer Information
(Individual or Business named on the notice of lien):
Name
(Individual First, Middle Initial, Last) or (Business) as it appears on lien
Name Continuation
(Individual First, Middle Initial, Last) or (Business d/b/a)
Address (Number, Street, P.O. Box)
Primary Social Security Number
(last 4 digits only)
Secondary Social Security Number
(last 4 digits only)
Employer Identification Number
City
State
ZIP Code
Telephone Number
(with area code)
Fax Number (with area code)
2. Applicant Information:
Check if also the Taxpayer
(If not the taxpayer, attach copy of lien. See Sec.10)
Name (First, Middle Initial, Last) Relationship to taxpayer
Address
(Number, Street, P.O. Box)
City
State
ZIP Code
Telephone Number (with area code)
Fax Number (with area code)
3. Purchase/Transferee/New Owner
Check if also the Applicant
Relationship to taxpayer
4. Attorney/Representative Information
Power of Attorney Form 2848
Attached: Form 8821 or
Yes No
Name (First, Middle Initial, Last) Interest Represented (e.g. taxpayer, lender, etc.)
Address (Number, Street, P.O. Box)
City
State
ZIP Code
Telephone Number
(with area code)
Fax Number (with area code)
5. Lender/Finance Company Information - or (Settlement/Escrow Company for applications under Section 6325(b)(3) only)
Company Name
Contact Name
Contact Phone Number
Catalog Number 54727S
www.irs.gov
Form
14135 (Rev. 06-2010)
Page 2 of 3
6. Monetary Information
Proposed sales price
Expected proceeds to be paid to the United States in exchange for
the certificate of discharge
(Enter NA if no proceeds are anticipated)
7. Basis for Discharge: Check the box below that best addresses what you would like the United States to consider in
your application for discharge.
(Publication 783 has additional descriptions of the Internal Revenue Code sections listed below.)
6325(b)(1)
Value of property remaining attached by the lien(s) is at least double the liability of the federal tax
lien(s) plus other encumbrances senior to the lien(s)
6325(b)(2)(A) The United States receives an amount not less than the value of the United States' interest.
(Note: If you are applying under 6325(b)(2)(A) and are the property owner but not the taxpayer, see also
section 16.)
6325(b)(2)(B) Interest of the United States in the property to be discharged has no value.
6325(b)(3) Proceeds from property sale held in escrow subject to the liens and claims of the United States.
6325(b)(4) Deposit made or bond furnished in an amount equal to the value of the United States' interest.
(Note: This selection provides a remedy under 7426(a)(4) for return of deposit but is exclusively for a property
owner not named as the taxpayer on the lien)
8. Description of property (for example, 3 bedroom rental house; 2002 Cessna twin engine airplane, serial number
AT919000000000X00; etc.):
Address of real property (If this is personal property, list the address where the property is located):
Address
(Number, Street, P.O. Box)
City
State
ZIP Code
FOR REAL ESTATE: a legible copy of the deed or title showing
the legal description is required
Attached NA
FOR Discharge Requests under Section 6325(b)(1):
copy of deed(s) or title(s) for property remaining subject to the
Federal Tax Lien is required
Attached NA
9. Appraisal and Valuations
REQUIRED APPRAISAL
Professional appraisal completed by a disinterested third party
Attached
PLUS ONE OF THE FOLLOWING ADDITIONAL VALUATIONS:
County valuation of property
(real property)
Attached
Informal valuation of property by disinterested third party
Attached
Proposed selling price (for property being sold at auction)
Attached
Other:
Attached
AND for applications under Section 6325(b)(1), valuation information (of the type described above in this section) must also be
provided for property remaining subject to the lien.
Catalog Number 54727S
www.irs.gov
Form
14135 (Rev. 06-2010)
Page 3 of 3
10. Copy of Federal Tax Lien(s) (Complete if applicant and taxpayer differ)
Attached No
OR list the lien number(s) found near the top right corner on the lien document(s)
(if known)
11. Copy of the sales contract/purchase agreement (if available)
Attached No
OR
Describe how and when the taxpayer will be divested of his/her interest in the property:
12. Copy of a current title report
Attached No
OR
List encumbrances senior to the Federal Tax Lien. Include name and address of holder; description of encumbrance,
e.g., mortgage, state lien, etc.; date of agreement; original loan amount and interest rate; amount due at time of
application; and family relationship, if applicable
(Attach additional sheets as needed):
13. Copy of proposed closing statement
(aka HUD-1)
Attached No
OR
Itemize all proposed costs, commissions, and expenses of any transfer or sale associated with property
(Attach
additional sheets as needed):
14. Additional information that may have a bearing on this request, such as pending
litigation, explanations of unusual situations, etc., is attached for consideration
Attached No
15. Escrow Agreement
(For applications under IRC 6325(b)(3))
Attached No
Escrow agreement must specify type of account, name and depositary for account,
conditions under which payment will be made, cost of escrow, name and address of any
party identified as part of escrow agreement, and signatures of all parties involved including
Advisory Group Manager. Terms for agreement must be reached before discharge approved.
16. WAIVER (For applications made by third parties under IRC 6325(b)(2))
If you are applying as an owner of the property and you are not the taxpayer, to have this application considered under section
6325(b)(2), you must waive the rights that would be available if the application were made under section 6325(b)(4). If you choose
not to waive these rights, the application will be treated as one made under 6325(b)(4) and any payment will be treated like a
deposit under that section. Please check the appropriate box.
I understand that an application and payment made under section 6325(b)(2) does not provide the judicial remedy
available under section 7426(a)(4). In making such an application / payment, I waive the option to have the payment
treated as a deposit under section 6325(b)(4) and the right to request a return of funds and to bring an action under
section 7426(a)(4).
Waive No
17. Declaration
Under penalties of perjury, I declare that I have examined this application, including any accompanying schedules, exhibits,
affidavits, and statements and to the best of my knowledge and belief it is true, correct and complete.
Signature/Title Date
Signature/Title Date
Catalog Number 54727S
www.irs.gov
Form
14135 (Rev. 06-2010)
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P783 Publication 783 (Rev. 6-2010)

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Completed 10 February 2020

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