Milledgeville, GA asked in Tax Law for Georgia

Q: I received a lien notice in April of this year for 2015 back taxes, but my IRS transcript- $0 balance, written off 2018.

As part of our divorce settlement, my ex was to pay her share of 2015 back taxes. We don't speak anymore but from what I can tell from my 2015 transcript was that she started and stopped her plan once or twice until 2018 when it was written off and the balance was set to zero - there are no more entries in my transcript for this tax year. Earlier this year, 2024, I was mailed a lien notice demanding full payment. I couldn't pay in full so I immediately called the Irs and setup a payment plan which I pay on each month. Curious if they can do this if my balance is $0?

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1 Lawyer Answer
W. Calvin Bomar
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Answered

A: I would want to look at the lien notice, but if it went to $0 on IRS records prior to the notice normally I would expect that you probably received a scam notice that is not actually from IRS. Feel free to email it to me for review. No, an IRS lien cannot exist without an underlying tax debt. Even where a lien is supported by a debt, you will receive a release once it is paid off. If you called IRS, they would only be able to set up an installment agreement if they showed a balance on their computers. So I would start with the transcripts and make sure that it is actually IRS that you are paying and see what the reality of the situation is.

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