Tax lien investing is a unique investment strategy that involves purchasing delinquent property tax liens on properties. When a property owner fails to pay their property taxes, the local government may place a tax lien on the property in order to collect the unpaid taxes. Investors can then buy these tax liens at auctions, with the expectation of earning a profit either through the repayment of the delinquent taxes with interest or through acquiring the property through foreclosure if the taxes remain unpaid.
With the potential for attractive returns and the ability to invest in real estate without the responsibilities of property management, tax lien investing can be a compelling option for savvy investors willing to take on some level of risk.
What are Tax Liens?
A tax lien is a legal claim made by the government against the assets of an individual or business that fails to pay taxes. More simply put, a tax lien is the government's claim against your property if you fail to pay a tax debt or on a significantly delinquent tax obligation. In case the tax lien isn't satisfied, the creditor or investor holding the tax lien may seize the assets.
For example, if a family doesn't pay property taxes, the government may place a tax lien on their property. After some time, the government may sell the tax lien at auction to an investor. The investor will then receive the repayment if the owner pays their taxes plus interest and fees.
How Does Tax Lien Investing Work?
The process of tax lien investing involves purchasing tax lien claims of the government at auction. While that sounds simple, you don't want to invest in tax liens without thorough research and understanding of the risks.
First, before you purchase a tax lien, it has to be created by the local municipality. If a homeowner doesn't pay their property tax bill, the local government will place a lien on the property and create a tax lien certificate. A tax lien certificate indicates the amount of tax due, interest, and penalties. If the property owner still doesn't pay the tax bill with interest, the government or lienholder has the right to foreclose on the home. More on that in a moment. But first, how do you purchase a tax lien? Follow these steps:
Attend a Tax Lien Auction
In 28 states, local governments can sell tax lien certificates to private investors. This allows governments to recoup lost revenue more quickly while allowing investors to profit significantly (in some cases). The sale of tax lien certificates normally happens in an auction. Sometimes, the bidding gets quite heated.
Understand Tax Lien Certificate Pricing
Come prepared to bid in a fast-paced environment! Tax lien certificates may be prices on the cash value someone will pay for the certificate or the interest rate they're willing to accept. In the case of cash offers, the winning bidder will have the highest cash offer. In the case of interest rates, the winner will be the lowest bid.
Keep in mind that if you bid a lower cash value than the tax owed, you'll be responsible for the tax and will lose money on the tax lien. And if you bid a very low interest rate, you'll cut into your profit margins.
Take over the Tax Lien Certificate
If you're the winning bidder, you will take ownership of the tax lien certificate. This doesn't give you ownership of the property, but it does give you the right to foreclose on the property if the homeowner doesn't pay. However, in most cases, the homeowner will pay, and you'll make money on the investment.
Pay the Tax Bill
By taking over the tax lien, you're immediately responsible for paying the tax bill plus any interest or fees owed. The homeowner is given a redemption deadline period, during which they must pay you the amount owed. If they fail to do so, they risk foreclosure.
Recoup Investment
If the homeowner pays the tax bill plus interest and fees, you should recover your investment plus interest. Now, you have the option to reinvest in other tax liens or other asset classes. However, in some cases, the homeowner may fail to pay the tax on time.
Possible Foreclosure
If the homeowner doesn't pay the taxes, you can begin foreclosure. In some states, you must begin the foreclosure process within a certain time after buying the tax lien. Failing to take action within the specified time may mean you lose the right to collect on the investment. However, fortunately for investors, most homeowners pay their tax bills before the foreclosure begins.
Benefits of Tax Lien Investing
The benefits of tax lien investing are diverse. The biggest advantage is that the relatively small investment can lead to significant returns over a short time, allowing you to build an additional income stream with a modest risk of total loss. Overall, tax lien investing is considered a lower risk, especially if you only invest a small amount. In addition, in the rare case of foreclosure, you could acquire a property for pennies on the dollar.
Advantages of tax lien investing include:
- Potential for higher returns compared to other investments
- Secured investment with low-risk factor
- Opportunity to acquire properties at a discounted price
Risks and Challenges of Tax Lien Investing
Any investment carries risk, and tax lien investing is no different. The possible pitfalls and drawbacks of tax lien investing include buying liens on properties that are nearly worthless or facing having to initiate a foreclosure. In addition, risks of tax lien investing include:
- Purchasing liens for properties without value because of inadequate research
- Having to foreclose and facing issues in that process
- Having to pay additional fines
- Losing the right to foreclose on a property due to slow action
- Owner bankruptcy, which can mean that other debts are paid first, and you are unable to collect on the tax lien
Finding Tax Lien Investing Opportunities
You can find tax lien investing opportunities from different sources, including local government websites and online auctions. As a starting point, you can contact your tax revenue office. It should be able to provide information on local tax lien auctions if you live in a state that allows the sale of tax lien certificates. If you don't live in one of the states that allow the sale of tax liens, you can find auctions in other states.
States that allow the sale of tax lien certificates are Alabama, Arizona, Colorado, Florida, Illinois, Indiana, Iowa, Kentucky, Maryland, Mississippi, Missouri, Montana, Nebraska, New Jersey, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Vermont, West Virginia, Wyoming and the District of Columbia.
In addition, several states allow a variation of tax lien investing. However, if you can purchase tax liens in one of the tax lien certificate states, you'll increase investing success.
Many online platforms let you can research or purchase tax liens, including LienLoft, GovEase and Taxsale Resource, which require an annual subscription.
Tips for Successful Tax Lien Investing
Conducting due diligence and thorough property research is essential for successful tax lien investing. You may be able to see the auction listings ahead of time and even visit the property. Likewise, many successful tax lien investors develop an investment strategy or formula and stick to it. That means, for example, if you decide that your minimum interest rate is 4.5%, you don't bid below that, even if you lose the property.
You can also seek guidance from experienced professionals and other tax lien investors to understand the local markets, auction frequency and property opportunities and gain other insights from their expertise.
Should You Consider Tax Lien Investing?
With thorough research and a clear strategy, tax lien investing can be profitable for a small portion of your portfolio. Remember to diversify across asset classes and thoroughly understand all risks. You can always start small and build up as you gain an understanding of tax lien investing and learn new strategies. Interested in other investment opportunities? You can also find the best real estate investment companies or the best real estate investing apps to give you more ideas.
Frequently Asked Questions
What does an IRS tax lien do?
Do tax liens affect credit scores?
Do IRS liens expire after 10 years?
The general rule is that IRS tax liens expire after 10 years from the date of assessment if the IRS does not refile the lien. This means that after the 10-year period is up, the IRS must release the lien and it will no longer be enforceable against your property. However, it’s important to note that the 10-year expiration period can be extended in certain circumstances, such as if the IRS refiles the lien or if you enter into a payment plan or file for bankruptcy.
About Alison Plaut
Alison Kimberly is a freelance content writer with a Sustainable MBA, uniquely qualified to help individuals and businesses achieve the triple bottom line of environmental, social, and financial profitability. She has been writing for various non-profit organizations for 15+ years. When not writing, you will find her promoting education and meditation in the developing world, or hiking and enjoying nature.