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Can the IRS Take Your Home? Understanding Seizure Risks in Florida

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Few things are more alarming than the idea of losing your home. If you owe the IRS, you may wonder whether the government can seize your property. In some cases, the answer is yes. While IRS home seizures don’t happen often, they are a legal possibility if your tax debt remains unresolved.

At Ronald Cutler, P.A., we help Florida taxpayers understand their rights and confidently navigate IRS collection actions. With over 50 years of experience as a Florida tax-IRS attorney, CPA, and former FBI Special Agent, Mr. Cutler provides trusted legal counsel for clients facing serious tax problems. Find out more about home seizure risks and how to protect yourself.

Can the IRS Legally Seize Your Home in Florida?

Under Section 5.10.2 of the Internal Revenue Service manual, the IRS can seize real property, including your residence, if you owe back taxes. However, there is a strict legal process, and many opportunities to stop the seizure before it happens. Before your home can be seized:

  • The IRS must assess the tax liability and send a Notice and Demand for Payment.
  • If you do not pay or make arrangements, the IRS must send Notice of Intent to Levy and Your Right to a Hearing (typically Letter 1058 or LT11).
  • You then have 30 days to request a Collection Due Process (CDP) hearing to appeal or dispute the action.
  • Even if this time passes without a response, the IRS must obtain court approval before seizing your home.

The complex requirements of property seizure generally make it a last resort when all other IRS collection methods, such as wage garnishment, have failed.

How to Avoid A Florida Home Seizure Due to IRS Tax Debts

Don’t wait for the IRS to take action if you have tax debts and are worried about losing your home. Fortunately, you have options when it comes to resolving the situation and stopping collection efforts. These include:

  • Enter into an Installment Agreement to pay off the debt.
  • Submit an Offer in Compromise, allowing you to settle for less than the full amount owed.
  • Request Currently Not Collectible status if you’re facing financial hardship.
  • Challenge the tax debt or penalty through appeals or amended returns.
  • Seek Innocent Spouse Relief if your tax issues stem from a former partner.
  • File a CDP hearing request to stop a levy and assert your rights.

The key is to act before the IRS moves forward with a lien or levy. Ignoring notices only increases the risk of losing your property.

Worried About Losing Your Home? Call Our Florida Tax-IRS Attorney Today

While the IRS can seize homes to pay tax debts, the right legal strategy can protect it and resolve your tax issues for good.

Ronald Cutler, P.A. offers experienced, compassionate legal help to Florida residents facing IRS collection threats. With our decades of experience, we take action to prevent home seizures and help you regain control. Contact us and request a confidential consultation with our Florida tax-IRS attorney today.

Sources:

irs.gov/irm/part5/irm_05-010-002

irs.gov/businesses/small-businesses-self-employed/what-happens-after-my-property-is-seized-and-how-do-i-get-it-back

By Ronald Cutler, P.A. | Posted on September 5, 2025