Will the IRS Take My House for Owing Back Taxes?
Your options for exemptions in Georgia
By S.M. Oliva | Last updated on January 27, 2023Use these links to jump to different sections:
- Federal Law Restricts the IRS’ Ability to Come After a Taxpayer’s Principal Residence
- Alternatives for Resolving Your Tax Debt
Federal Law Restricts the IRS’ Ability to Come After a Taxpayer’s Principal Residence

Alternatives for Resolving Your Tax Debt
The truth is that the IRS does not want to take your house. It wants your tax debt paid with as little effort as necessary on its part. “Always file your returns, even if you can’t pay,” says Vivian D. Hoard, a tax attorney at Taylor English Duma in Atlanta. “The penalties accrue much faster on a ‘failure to file’ than a ‘failure to pay.’” If you are unable to pay your full debt right away, you can ask for an installment agreement or an offer in compromise (OIC). An installment agreement allows you to repay your entire debt over a period of up to five years, while an OIC means the IRS will agree to take less than the full amount of taxes owed. “The right decision is to go ahead and file, and start paying what you can every month,” Hoard says. “Then, the IRS will see that you’re trying to be compliant, and they will work with you on a payment plan. It’s the people who don’t file and don’t pay—and bury their head in the sand—that get into real serious trouble.” An experienced Georgia tax attorney can advise you on the specific requirements for seeking an installment agreement or OIC, as well as assist you in dealing with the IRS with respect to either of these options. “You probably should call an attorney before you make a decision not to file your tax returns,” adds Hoard. “Generally, people wait until the IRS issues a notice of levy, and by then, it’s time to talk to someone. You’ve let it go too far.” If you want more information on this area of tax law, see our tax overview.What do I do next?
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