[WSBAPT] 10 year estate tax lien for qualified family business interests - no certificate filed

Joshua Grant jgrant at advocateslg.com
Mon Oct 28 14:30:47 PDT 2024


I am reviewing some old estate files, and I notice that when the client elected the "qualified family owned business" status , the IRS sent out a letter saying that they issued a letter requesting a Certificate of Continued Qualified Use be sent to them, for example in 2011. About a year later (2012) the IRS sent a letter "No response to this request has been received. ... Because we have not been able to make a determination regarding the potential recapture... we will not be able to release the lien until the Certificate is provided.  Assume no Certificate is ever filed.  After about 20 years, is it recommended that PR's (if they can be located) file a Certificate of Continued Qualified Use... or is that 10 year lien released by operation of law?

Thanks

Josh

Joshua F. Grant
[cid:image001.png at 01DB2945.FC2AB0A0]
P. O. Box 619
Wilbur, WA 99185
509 647 5578
jgrant at advocateslg.com

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