26 U.S.C. § 6320 — Notice and opportunity for hearing upon filing of notice of lien
submitted 28 years ago by Pub. L. 105-206 to r/title-26-INTERNAL-REVENUE-CODE · 392 words · no verdicts yet
The Secretary must notify a person when a tax-lien notice is filed and explain the tax, hearing rights, appeals, lien releases, and passport consequences. The person may request one impartial hearing through the IRS Independent Office of Appeals for the relevant taxable period.
(a) (1) The Secretary* must notify in writing the person described in section 6321 that a section 6323 lien notice was filed. (2) The notice must be delivered personally, left at the home or usual business place, or sent by certified or registered mail to the last known address within 5 business days after filing. (3) In simple language it must state the unpaid tax, the right to request a hearing during the 30 days beginning after that 5-day period, available administrative appeals and their procedures, lien-release provisions and procedures, and section 7345’s passport rules for seriously delinquent tax debts under FAST Act section 32101. (b) (1) A person who timely requests a written hearing and states the grounds must receive it from the IRS Independent Office of Appeals. (2) Only one hearing is allowed for the taxable period. (3) Before the first hearing under this section or section 6330, the officer or employee* must have had no prior involvement with the unpaid tax, unless the taxpayer* waives this rule. (4) When practicable, this hearing must be combined with a section 6330 hearing. (c) Section 6330(c), (d) except paragraph (3)(B), (e), and (g) apply.
The Secretary* shall notify in writing the person described in section 6321 of the filing of a notice of lien under section 6323.
The notice required under paragraph (1) shall be—
given in person;
left at the dwelling or usual place of business of such person; or
sent by certified or registered mail to such person’s last known address,
not more than 5 business days after the day of the filing of the notice of lien.
The notice required under paragraph (1) shall include in simple and nontechnical terms—
the amount of unpaid tax;
the right of the person to request a hearing during the 30-day period beginning on the day after the 5-day period described in paragraph (2);
the administrative appeals available to the taxpayer* with respect to such lien and the procedures relating to such appeals;
the provisions of this title and procedures relating to the release of liens on property; and
the provisions of section 7345 relating to the certification of seriously delinquent tax debts and the denial, revocation, or limitation of passports of individuals with such debts pursuant to section 32101 of the FAST Act.
If the person requests a hearing in writing under subsection (a)(3)(B) and states the grounds for the requested hearing, such hearing shall be held by the Internal Revenue Service Independent Office of Appeals.
A person shall be entitled to only one hearing under this section with respect to the taxable period to which the unpaid tax specified in subsection (a)(3)(A) relates.
The hearing under this subsection shall be conducted by an officer or employee* who has had no prior involvement with respect to the unpaid tax specified in subsection (a)(3)(A) before the first hearing under this section or section 6330. A taxpayer may waive the requirement of this paragraph.
To the extent practicable, a hearing under this section shall be held in conjunction with a hearing under section 6330.
For purposes of this section, subsections (c), (d) (other than paragraph (3)(B) thereof), (e), and (g) of section 6330 shall apply.
Source credit: (Added Pub. L. 105–206, title III, § 3401(a), July 22, 1998, 112 Stat. 746; amended Pub. L. 109–432, div. A, title IV, § 407(c), Dec. 20, 2006, 120 Stat. 2962; Pub. L. 114–94, div. C, title XXXII, § 32101(b)(1), Dec. 4, 2015, 129 Stat. 1731; Pub. L. 114–113, div. Q, title IV, § 424(c), Dec. 18, 2015, 129 Stat. 3125; Pub. L. 116–25, title I, § 1001(b)(1)(B), July 1, 2019, 133 Stat. 985.)
- 1998Enacted · Pub. L. 105-206 · 112 Stat. 746
- 2006Amended · Pub. L. 109-432 · 120 Stat. 2962
- 2015Amended · Pub. L. 114-94 · 129 Stat. 1731
- 2015Amended · Pub. L. 114-113 · 129 Stat. 3125
- 2019Amended · Pub. L. 116-25 · 133 Stat. 985
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-206 on 1998-07-22.
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