42-1153. Release or subordination of lien

331 words·~2 min read·/az/title-42/42-1153

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The department, at any time, may release all or any portion of the property subject to the lien from the lien or subordinate the lien to other liens if it determines that either:

1. The taxes are sufficiently secured by a lien on other property of the taxpayer.

2. The release or subordination of the lien will not endanger or jeopardize the collection of such taxes.

B. In its discretion and at any time, the department may withdraw a notice of lien that was recorded pursuant to this article if the department determines that any of the following conditions applies:

1. The department's interests are best served by withdrawing the notice.

2. Filing the lien was premature or otherwise in violation of the department's administrative procedures.

3. Withdrawing the notice will facilitate collecting the outstanding amount of taxes, interest and penalties.

4. The taxpayer has entered into an installment payment agreement, unless the agreement provides otherwise.

C. If any lien imposed by section 42-1151 has been satisfied and a notice of the lien had been recorded by the department pursuant to section 42-1152, the department shall issue a release of the lien to the person against whom the lien was claimed. The department shall record the lien release in any county where the original lien was recorded and in the office of the secretary of state if applicable.

D. If a balance owed by a taxpayer has been abated pursuant to section 42-1004, subsection B, paragraph 1, subdivision (a), the department is not required to record a release of the lien under this section, but on the taxpayer's written request, the department shall provide a certificate of release to the taxpayer.

E. A certificate by the department to the effect that any property has been released from the lien or that the lien has been subordinated to other liens is conclusive evidence that the property has been released or that the lien has been subordinated as provided in the certificate.