← Back to All Comparisons

Lien Withdrawal vs. Lien Release

One says the debt is settled. The other says the notice should not have been public. They are not stages of the same thing.

Quick Answer

A release ends the lien. A withdrawal removes the notice of it. They are answers to different questions, and the second is available in circumstances where the first is not — most usefully, Form 12277 lists being under a Direct Debit Installment Agreement as a ground, which means the public notice can come off while the balance is still being paid. The other grounds the form prints are: the notice was filed prematurely or not in accordance with IRS procedures; an installment agreement was entered into that did not provide for a notice to be filed; withdrawal will facilitate collection; and the taxpayer or the Taxpayer Advocate believes withdrawal is in the best interest of both the taxpayer and the government.

1

Release

Advantages

  • It follows payment. The IRS states paying the tax debt in full is the best way to get rid of a federal tax lien, and that it releases the lien within 30 days after the debt is paid.
  • It is automatic in that circumstance rather than something you apply for.
  • It ends the lien.

Disadvantages

  • It does not un-publish the notice. A released lien can still show as having been filed.
  • It generally requires the liability to be satisfied or to have become legally unenforceable.

Best For

What it says: the lien is over, because the liability is satisfied or unenforceable.

Typical Cost

The IRS publishes no fee for either.

VS
2

Withdrawal (Form 12277)

Advantages

  • It removes the PUBLIC NOTICE. That is a different thing from ending the lien, and it is the thing that shows up in a credit file or a title search.
  • Form 12277 prints five grounds as checkboxes, which tells you what the IRS counts as a reason.
  • One of the five is "The taxpayer is under a Direct Debit Installment Agreement" — available while the debt is still owed.
  • Another is "The taxpayer, or the Taxpayer Advocate acting on behalf of the taxpayer, believes withdrawal is in the best interest of the taxpayer and the government."
  • A denial is appealable under the Collection Appeals Program.

Disadvantages

  • It is an application, not an automatic consequence. Form 12277 has to be made out and reasoned.
  • The underlying lien may still exist. The form asks separately for the current status of the lien — open, released, or unknown.
  • The form is Revision 10-2011. Confirm the grounds against the current revision before relying on them.

Best For

What it says: the public notice should not stand, whatever the state of the debt.

Typical Cost

The IRS publishes no fee for either.

The Verdict

A release ends the lien. A withdrawal removes the notice of it. They are answers to different questions, and the second is available in circumstances where the first is not — most usefully, Form 12277 lists being under a Direct Debit Installment Agreement as a ground, which means the public notice can come off while the balance is still being paid. The other grounds the form prints are: the notice was filed prematurely or not in accordance with IRS procedures; an installment agreement was entered into that did not provide for a notice to be filed; withdrawal will facilitate collection; and the taxpayer or the Taxpayer Advocate believes withdrawal is in the best interest of both the taxpayer and the government.

Frequently Asked Questions

If I pay in full, is the notice removed too?
The IRS states it releases the lien within 30 days after the debt is paid. Release and withdrawal are different, and a released lien can still show as having been filed. Withdrawal of the notice is applied for on Form 12277.
Can the notice be withdrawn while I still owe?
Form 12277 lists "The taxpayer is under a Direct Debit Installment Agreement" among its five grounds, and separately a ground that withdrawal will facilitate collection of the tax. Whether either applies is the IRS's decision.
What does the form need?
It asks you to attach a copy of the Form 668(Y), Notice of Federal Tax Lien, if you have one — or otherwise to give its serial number, which it says is found near the top of the document, the date it was filed, and the recording office it was filed with.
What if the IRS refuses?
Denials of lien certificate requests are listed in the instructions to Form 9423 among the actions appealable under the Collection Appeals Program.

Ready to Take the Next Step?

Use our free tools to determine which option is best for your specific situation.

Sources

Sourced to primary IRS materials and editorially reviewed. Not reviewed by a tax professional. Not tax advice. Report a correction.