If you transfer your house to a Trust, is it sheltered from any tax liens by the IRS?

Asked over 1 year ago - New York, NY

My husband retired in 2010 and received a substantial amount of money. He has since withdrawn most of the funds, as well as received an inheritance in 2012. He has not filed any taxes in 3 years. I have filed separately since 2010. We are both on the deed to the house and I do not want the IRS putting a lien on it due to his tax problems.

Additional information

Does the IRS give you any notification prior to seizing checking/bank accounts?

Attorney answers (3)

  1. Gregory Herman-Giddens

    Contributor Level 14

    7

    Lawyers agree

    1

    Answered . The short answer is no - it is almost impossible to do planning that will defeat the IRS from collecting taxes that are already due.

  2. Joseph Michael Pankowski Jr

    Contributor Level 18

    5

    Lawyers agree

    Answered . Attorney Herman-Giddens is correct. I would strongly urge you to retain an experienced tax attorney to help you clean up your husband's issues. Good luck to you.

    This information is presented as a public service. It should not be construed to be formal legal advice nor... more
  3. Linda Simmons Campbell

    Pro

    Contributor Level 14

    6

    Lawyers agree

    1

    Answered . A lien can be filed against him and would attach to his property, including the home since he is on the deed. Because you filed married filing separately, only his share of the equity in the home would be in jeopardy. Any attempt to transfer the home may result in the IRS viewing this as a dissipated asset and could impede any potential collection alternative he may have available to him. He definitely needs the assistance of a tax professional to resolve this issue.

    info@cttaxhelp.com Office number: (860) 255-7423 Website: www.cttaxhelp.com. Our reply to your question has not... more

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