Chapter 12 - § 12.14 • FEDERAL LIENS

• Jurisdiction: Colorado

§ 12.14 • FEDERAL LIENS

§ 12.14.1—General Federal Tax Liens

The general federal tax lien attaches to all of the taxpayer's property.⁵⁸⁶ It is not valid as against purchasers, holders of security interests, mechanic's lien claimants, and judgment lien creditors until notice of the lien has been filed.⁵⁸⁷ A purchaser is a person who for adequate and full consideration acquires an interest in property which is valid against subsequent purchasers without actual notice.⁵⁸⁸ Past consideration is not "adequate and full consideration."⁵⁸⁹ Notices of tax lien on real property must be recorded with the clerk and recorder of the county in which the real property is situated.⁵⁹⁰ To retain the original recording date, the lien must be rerecorded during "the one-year period ending 30 days after the expiration of 10 years after the date of the assessment of the tax" and thereafter during "the one-year period ending with the expiration of 10 years after the close of the preceding required refiling period . . . ."⁵⁹¹ Thus, the search period for liens for federal tax assessments is ten years plus 30 days.⁵⁹² The lien attaches to after-acquired property.⁵⁹³

§ 12.14.2—Special Federal Estate and Gift Tax Liens

The special estate tax lien is a lien upon the gross estate of the decedent for ten years.⁵⁹⁴ The special gift tax lien is a lien upon all gifts made during the period for which the return was filed, for ten years from the date the gifts are made.⁵⁹⁵ The special liens for federal estate and gift taxes are not valid as against a mechanic's lien.⁵⁹⁶ They are divested by the transfer of property to a purchaser or holder of a security interest.⁵⁹⁷ The special lien for estate tax deferred under Section 6166⁵⁹⁸ and the special lien for additional gift tax attributable to a farm, etc., valuation⁵⁹⁹ are not valid as against any purchaser, holder of a security interest, mechanic's lien, or judgment creditor until filed.⁶⁰⁰

§ 12.14.3—Federal Environmental Liens

The United States has a lien for all costs and damages for which a person is liable under § 107(a) of CERCLA.⁶⁰¹ The lien attaches to all real property and rights in real property belonging to the person or subject to or affected by a removal or remedial action.⁶⁰² The lien is subject to the rights of any purchaser, holder of a security interest, or judgment lien creditor whose interest is perfected before notice of the lien is recorded. The terms "purchaser" and "security interest" are defined as in 26 U.S.C. § 6323(h).⁶...