The IRS files far fewer Forms 668-Y, Notice of Federal Tax Lien, than most tax professionals presume. In fact, the number of liens filed each year has been rapidly dropping over the past several years.
According to the annual IRS Data Book, here are the number of IRS tax liens placed on public record each year:
2009: 965,618
2010: 1,096,376
2011: 1,042,230
2012: 707,768
2013: 602,005
2014: 535,580
2015: 515,247
2016: 470,602
2017: 446,378
2018: 410,220
As you can see, the number of tax lien records filed by the IRS peaked in 2010 at just shy of 1.1 million. In the intervening eight years, annual lien filing volume has dropped a whopping 63%.
At the same time, however, the number of IRS Collections cases has been steadily increasing each year. In 2010, the IRS started the fiscal year with 9.6 million open tax debt cases. We started fiscal year 2018 with almost 14.1 million open tax debt cases, and increase of 45%. It’s interesting to note that the number of tax debt cases, and the dollar amount owed to the IRS, has skyrocketed during one of the strongest periods of economic recovery in American history. This clearly indicates that many small businesses and individuals have still been feeling the impact of the 2007-2008 crash many years after it happened.
So why has the IRS been filing fewer tax liens? There are a number of reasons.
First of all, the federal government has a statutory tax lien over any tax debtor, whether they file the 668-Y or not. Thus, it’s not actually necessary for the IRS to file the lien to take collections action. The filing of the lien merely perfects the government’s lien and establishes priority under state law.
Second, the service made changes in 2011 and 2012 under the IRS Fresh Start program. These changes increased the minimum lien filing threshold from $5,000 to $10,000 in most cases. In addition, expansion of Streamline criteria that allowed for the 668-Y to not be filed also came into play.
Lastly, we all know that the IRS has been under significant budget pressure for years. The IRS, just like anybody else, must pay a filing fee to the local county clerk and recorder or the Secretary of State in order to file the document. These fees are typically only $15 to $50, but across a million tax liens, that dollar amount really adds up. The Centralized Lien … Continue reading