§6320 — Title 26 Internal Revenue Code | U.S. Code

Summary

The IRS must send a written notice to anyone who has a lien filed against them. The notice can be handed to the person, left at their home or usual workplace, or sent by certified or registered mail to their last known address. The notice must say the exact amount owed, explain that the person can ask for a hearing, list the available appeal options and how to ask for a release of the lien, and warn that very delinquent tax debts can lead to passport denial, revocation, or limits. The right to ask for a hearing lasts 30 days and that 30-day period starts the day after a 5-day waiting period that begins when the notice is delivered. If the person asks for a hearing in writing and explains why, the IRS Independent Office of Appeals will hold the hearing. A person gets only one hearing for that tax period. The hearing must be done by someone who has not handled the tax before, unless the person agrees to waive that rule. When possible, the hearing should be held at the same time as any related collection hearing. Certain procedural rules that apply to related collection hearings also apply here.

Title 26, §6320

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)The Secretary shall notify in writing the person described in section 6321 of the filing of a notice of lien under section 6323.

(2)The notice required under paragraph (1) shall be—

(A)given in person;

(B)left at the dwelling or usual place of business of such person; or

(C)sent by certified or registered mail to such person’s last known address,

(3)The notice required under paragraph (1) shall include in simple and nontechnical terms—

(A)the amount of unpaid tax;

(B)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);

(C)the administrative appeals available to the taxpayer with respect to such lien and the procedures relating to such appeals;

(D)the provisions of this title and procedures relating to the release of liens on property; and

(E)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.

(b)(1)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.

(2)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.

(3)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.

(4)To the extent practicable, a hearing under this section shall be held in conjunction with a hearing under section 6330.

(c)For purposes of this section, subsections (c), (d) (other than paragraph (3)(B) thereof), (e), and (g) of section 6330 shall apply.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 32101 of the FAST Act, referred to in subsec. (a)(3)(E), is section 32101 of Pub. L. 114–94, which enacted section 7345 of this title and section 2714a of Title 22, Foreign Relations and Intercourse, and amended this section and section 6103, 6331, and 7508 of this title.

Amendments

2019—Subsec. (b)(1). Pub. L. 116–25 substituted “Internal Revenue Service Independent Office of Appeals” for “Internal Revenue Service Office of Appeals”. 2015—Subsec. (a)(3)(E). Pub. L. 114–94 added subpar. (E). Subsec. (c). Pub. L. 114–113 substituted “(3)(B)” for “(2)(B)”. 2006—Subsec. (b)(1). Pub. L. 109–432, § 407(c)(1), substituted “in writing under subsection (a)(3)(B) and states the grounds for the requested hearing” for “under subsection (a)(3)(B)”. Subsec. (c). Pub. L. 109–432, § 407(c)(2), substituted “(e), and (g)” for “and (e)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–432, div. A, title IV, § 407(f), Dec. 20, 2006, 120 Stat. 2962, provided that: “The

Amendments

made by this section [amending this section and section 6330, 6702, and 7122 of this title] shall apply to submissions made and issues raised after the date on which the Secretary first prescribes a list under section 6702(c) of the Internal Revenue Code of 1986, as amended by subsection (a) [list prescribed Mar. 16, 2007, see I.R.S. Notice 2007–30, 2007–14, I.R.B. 883].”

Effective Date

Pub. L. 105–206, title III, § 3401(d), July 22, 1998, 112 Stat. 750, provided that: “The

Amendments

made by this section [enacting this section and section 6330 of this title and amending section 7443A of this title] shall apply to collection actions initiated after the date which is 180 days after the date of the enactment of this Act [July 22, 1998].”

§6320 Notice and opportunity for hearing upon filing of notice of lien

Summary

Title 26, §6320

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Amendments

Citations & Metadata