Ann Arbor Real Estate Attorney

The role that the Real Estate Attorney/Lawyer plays in the selling of your home by for sale by owner makes him/her a necessary addition to your team. Like any other aspect of the law, real estate law should be left to the professionals. Unless you are legally entitled to practice Real Estate law in your State/Province you need professional help. Below are some of the details that your Attorney/Lawyer will take care of.

Your Attorney/Lawyer will review the contract of purchase and sale and advice of potential problems. The seller is typically responsible for preparing the transfer, which is the document that transfers the title of the land from the seller to the purchaser.

They will review transfer documents received from the buyers lawyer, which includes the statement of adjustments which shows credits and debits for seller and buyer, for items such as purchase price, property tax, strata fees where applicable, water account, tenant rent or damage deposits, commissions to be paid to Real Estate Agents, down payment paid by buyer and transfer of title.

They will converse with the buyers Lawyer if necessary and resolve any problems or concerns regarding title issues and or accuracy of figures. Obtain a mortgage balance statement from the seller’s mortgage lender to determine the amount necessary to pay and clear the mortgage balance on the day of closing.

If you are selling one property and purchasing another property with closings on the same day, you may need to arrange interim financing. This is a temporary loan to ensure that monies are in place to complete your purchase.

As you can plainly see the Attorney/Lawyers role is vital to the sale of your home. Make sure you have one on your team before you attempt to sell your property.

Tax Tips: Pasadena Tax Attorney & Cpa – Irs Tax Lien

An IRS tax lien is a legal claim against assets of a taxpayer who owes back taxes. If the taxpayer doesn’t discharge the tax lien by paying the overdue taxes, then assets can be seized and sold with the proceeds going to the tax debt balance.

Both the IRS and the Franchise Tax Board can place liens on a taxpayer’s assets. They use this as a collection tactic which is very severe. Valuable assets, such as real estate, could be sold at a forced sale (fire sale) resulting in minimal proceeds to apply to the tax debt.

A federal tax lien may be issued with regard to any federal tax including income tax, gift tax and estate tax.

The tax law is very specific granting significant powers to the IRS. Section 6321 LIEN FOR TAXES provides:

“If any person liable to pay any tax neglects or refuses to pay the same after demand, the amount (including any interest, additional amount, addition to tax, or assessable penalty, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belong to such person.”

The lien acts like a mortgage on the assets of the taxpayer and remains in force until the full tax liability is discharged or otherwise resolved. For example a building or equipment with a lien could not be sold until the tax liability has been paid and the lien lifted.

There is a statute of limitations—the lien generally becomes unenforceable ten years after the date of assessment.

A taxpayer should take immediate action if they receive any notice regarding unpaid taxes—especially a Notice of Federal Tax Lien (NFTL). There are many options that a tax attorney can counsel a taxpayer on regarding getting the lien removed. An IRS tax lien arising as described here is valid against the taxpayer without any further action by the government. The IRS will firstly look for assets that can be converted to cash as quickly as possible. They are not in the real estate business or the used car resale business. The IRS or Franchise Tax Board will firstly track down your bank accounts and grab as much as they can.

Once the outstanding tax owing has been resolved a Certificate of Release of
1000
Federal Tax Lien should be obtained. This is generally issued within 30 days of retirement of the tax debt.

Federal tax liens and administrative levies are similar but not the same. A levy is an administrative action by the IRS without the necessity of going to court. In short, the IRS requires no court permission to issue and enforce a levy. The levy is giving a taxpayer notice that the IRS intends to seize assets.

Whether it is a lien or a levy the end result is the same—the IRS is going to grab the taxpayer’s assets. As soon as a notice is received, a taxpayer is strongly encouraged to retain counsel to avoid asset seizure and forced sale. There are remedies including offer in compromise that can be utilized to resolve the matter.

John Spurgeon is a tax attorney in Pasadena, California servicing clients in the greater Los Angeles area. John Spurgeon & Associates, who are both tax attorneys and CPAs, have the proven knowledge and experience to effectively deal with IRS tax liens or the Franchise Tax Board. Please call 626-440-9518 for a complimentary initial consultation.

About John Spurgeon & Associates

John Spurgeon & Associates is a professional services firm located in Pasadena, California with a focus on tax law and related accounting services. They have extensive experience with federal and state income taxes, payroll taxes and sales taxes. They represent business, non-profits and individuals against the IRS and the Franchise Tax Board (California State Taxes). As both tax attorneys and Certified Public Accountants they offer a broad range of tax related services.

By: Don K

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John Spurgeon is a native and resident of Pasadena, California. He is a father of eight and a grandfather of seven. He has over 25 years of experience dealing with corporate income tax, individual income tax, tax planning, litigation of civil criminal cases and tax controversy. Being both a tax attorney and CPA provides clients with the best of both worlds. For more information, please visit www.taxproadvocate.com.

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