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Nampa Idaho Form 668 (Y) (c): What You Should Know
Form 668(Y)(c) is not a “procedure” for a tax lien or a demand for payment of tax, but instead is used by the IRS to make an actual judgment that you are a debtor. This can happen if you default on a tax matter (for example, fail to pay estimated federal taxes that the IRS is due), if you file Form 1040X (or any other return), or fail to do any one of three other things (if you owe taxes to the government, Social Security, Medicare, wages, etc.). Why is this form needed? There are two reasons. First, if the IRS comes to collect on you owed taxes, then the lien is valid. Second, if your property is held in bankruptcy, then you can no longer avoid a tax lien by not making a payment and not filing your return. If you owe federal tax, the lien is valid because there is tax due. All the courts in the United States agree that a debt is valid if there is real and just cause for a tax lien. This means that there must be tax to be collected, the taxes must have been paid, and the taxes have not been paid at the date of the judgment or lien. If you do not want to give the IRS notice, then the IRS can still get a judgment against you. However, if the judgment is not enforceable and the debt is still due for collection, then you have not waived any rights you may have to a lawsuit to stop its collection. If you do not have to pay tax, then no payment of tax will stop the IRS or any other party from getting a judgment against you. How does the court try to protect you if you don't pay your taxes or file your forms? If you fail to meet one of the three requirements of a tax lien (you have not paid, filed your return, or been in default), then the court can require the creditor to file a motion (called a motion to enforce judgment) in the court in which the judgment was issued to make it appear you still owe the taxes. The creditor has 60 days after the lien is filed in the court in which it was issued to file a motion with that court to enforce the judgment if it wants to get a judgment against you. After the motion is filed, the court will decide whether it wants to file a case on it.
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