Frequently Asked Questions
Why was a levy placed against my bank account and how do I resolve it?
When a taxpayer fails to pay any tax, penalty, or interest assessed by LDR, Revised Statute 47:1569 authorizes the secretary to enforce the tax collection by distraint and sale. Revised Statute 47:1570 defines distraint to mean the secretary’s right to levy upon and seize and sell any of the taxpayer’s property or rights to property including goods, chattels, effects, stocks, securities, bank accounts, evidences of debt, wages, real estate and other forms of property to satisfy any assessment of tax, penalty or interest due.
Revised Statute 47:1577 provides that all tax, penalty, interest, or attorney fees due to LDR shall operate as a lien, privilege, and mortgage on all of the property of the tax debtor. The law also authorizes LDR to record notices of liens in parishes where there is reason to believe that the tax debtor owns property. If a lien is recorded, the tax debtor is responsible for paying the lien recordation costs. See LAC 61:I.5302.G for more information about lien fees.
Once a lien has been recorded, Revised Statute 47:1578 requires the taxpayer to pay the tax, interest, penalties, and lien fees for the tax period against which the lien was recorded before the lien will be released. To determine the lien payoff amount and to request a lien release, the taxpayer must submit the Request for Louisiana Tax Assessment & Lien Payoff, Form R-19023, and attach copies of any outstanding liens. Once the request is received, the taxpayer’s account will be reviewed and the lien payoff including tax, penalties, interest, and lien recordation and cancellation fees will be provided. When the liability is paid, the lien will be cancelled. The response time to obtain the lien payoff information is four to five business days. To expedite a request, the form may be faxed to the Special Collection Unit at (225) 219-2256.
Revised Statute 47:1578 also allows for a partial lien release for certain real property if LDR has liens against the tax debtors other properties sufficient to cover the tax obligation amount taking into consideration for the rankings of any other liens or if the tax debtor pays an amount that is equal to the state’s interest in the property or if it is determined that the state’s interest in the property to be released has no value. All partial lien releases must be approved by the Louisiana Board of Tax Appeals.
For more information concerning tax liens, see LAC 61:I.5302.