Every year, thousands of Massachusetts property owners and small business operators face a harsh reality: unpaid state taxes can quickly become a public lien that threatens homes, business assets, and even professional licenses. Once a Massachusetts tax lien is filed, it becomes part of the public record, potentially damaging credit and complicating any effort to sell or refinance property. The consequences are inconvenient and can be financially devastating if ignored.

The Massachusetts Department of Revenue (DOR) uses tax liens as one of its strongest collection tools. Whether the debt comes from personal income tax, corporate excise tax, or other state taxes, a lien allows the Commonwealth to claim legal interest in your property until your outstanding balance is paid. This means your real or personal property—including homes, vehicles, and business equipment—can be legally tied to your tax liability.

Understanding how Massachusetts tax liens work is essential to protect your financial security and property rights. In this guide, you’ll learn how liens are filed, how long they last, and what steps can help remove or prevent them. You’ll also find practical strategies for dealing with the Collections Bureau, managing estate tax liens, and avoiding common mistakes that lead to delayed payments or lost property. Knowing your options and acting early can prevent minor tax issues from growing into long-term financial setbacks.

What Is a Massachusetts Tax Lien?

Before resolving or removing a lien, it’s essential to understand precisely what it is and how it works in Massachusetts. Many taxpayers underestimate the seriousness of a lien until it appears in public records or blocks a property transaction. Knowing how it attaches to your property and what rights the Department of Revenue has can help you take timely action.

Definition and Legal Basis

A Massachusetts tax lien is the Commonwealth’s legal claim on your property when you fail to pay state taxes after proper notice. It secures the government’s right to collect unpaid balances by attaching to real and personal property. The authority to file liens comes from Massachusetts General Laws Chapter 62C, Section 50, which grants the Department of Revenue (DOR) the power to protect the state’s financial interests through recorded liens.

The lien serves several purposes: it protects the state’s claim, prevents the sale or transfer of assets without payment, and provides a public notice of debt. Once filed, it becomes part of your permanent record and can severely affect your credit rating. The Massachusetts Department of Revenue is responsible for issuing and managing these liens through its Collections Bureau.

Property Types and Legal Interest

Tax liens in Massachusetts attach broadly to nearly all forms of property the taxpayer owns. This includes real property (such as homes, land, and commercial buildings) and personal property (like vehicles, equipment, and bank accounts). It can also extend to intangible assets such as business receivables or intellectual property.

Significantly, liens also affect ownership held through joint arrangements. The DOR can attach liens to property owned by a joint tenant, surviving joint tenant, or life estate holder. In such cases, the lien attaches to the taxpayer’s share or legal interest, meaning even jointly owned or inherited property can be affected. Liens apply equally to recorded and registered land; all filings must be made through the appropriate county registry.

Public Notice and Consequences

Once filed, a Notice of Massachusetts Tax Lien becomes part of the public record. This public notice alerts potential lenders, buyers, and business partners that the Commonwealth holds a legal claim against your property. As a result, you may face difficulties obtaining loans, selling real estate, or maintaining business credit.

Failure to address a lien can lead to more aggressive enforcement measures such as levies, wage garnishments, and legal actions in court. Because the lien attaches to all present and future-acquired property, unpaid taxes can continue to affect new assets until the debt is cleared.

Massachusetts Tax Lien vs. Federal Tax Lien

1. Filing Authority

  • Massachusetts Tax Lien: Managed by the Massachusetts Department of Revenue.
  • Federal Tax Lien: Administered by the Internal Revenue Service (IRS).

2. Governing Law

  • Massachusetts Tax Lien: Governed under M.G.L. c. 62C, §50.
  • Federal Tax Lien: Based on the Internal Revenue Code (IRC) §§6321–6326.

3. Duration

  • Massachusetts Tax Lien: Effective for 10 years, with the option to refile for an additional 10 years.
  • Federal Tax Lien: Also lasts for 10 years, with refiling possible.

4. Filing Locations

  • Massachusetts Tax Lien: Filed with the Secretary of State’s Office and County Registry of Deeds.
  • Federal Tax Lien: Filed with federal offices designated for each jurisdiction.

5. Property Coverage

  • Massachusetts Tax Lien: Applies to real and personal property, including property acquired in the future.
  • Federal Tax Lien: Covers all real and personal property belonging to the taxpayer.

6. Release Process

  • Massachusetts Tax Lien: Released by the Department of Revenue’s Collections Bureau upon full payment or verified hardship relief.
  • Federal Tax Lien: Released by the IRS after full payment or settlement of the tax liability.

By understanding these distinctions, property owners can better navigate their state and federal tax obligations while protecting their rights.

How Massachusetts Tax Liens Are Filed

Once the Massachusetts Department of Revenue (DOR) determines that taxes are overdue and collection efforts have failed, filing a tax lien begins. The filing process ensures the Commonwealth’s claim is legally recorded and that creditors or potential buyers are notified of the debt. Understanding each step can help you act before your property or assets are restricted.

Filing Authority and Locations

The Collections Bureau, Massachusetts Department of Revenue, is the sole authority responsible for filing state tax liens. When a lien is recorded, it becomes a matter of public record. Massachusetts uses a dual-filing system that ensures maximum visibility for the DOR and creditors.

  • Secretary of State’s Office: This office in Boston handles the statewide filing of all Massachusetts tax liens. It provides public access to lien documentation and maintains official digital records.

  • County Registry of Deeds: The lien is also filed at the Registry of Deeds in the county where the taxpayer resides or owns property. This includes both recorded land and registered land categories. Each registry has designated registry personnel who manage filing, recording, and verification.

  • Separate Recording Fees: Each filing location may charge a separate recording fee. These fees vary by county and must be paid in full for the lien to be recorded appropriately.

The DOR’s centralized filing process ensures consistency across all counties, protecting the state’s financial interest in cases involving unpaid taxes or outstanding balances.

Notice and Filing Requirements

A Notice of Massachusetts Tax Lien must include precise information to be valid. This documentation ensures the lien can be legally enforced and the taxpayer receives proper notice. It typically contains:

  • The taxpayer’s full name, address, and identification number must be clearly listed to ensure the lien is accurately matched to the correct individual or business account.

  • The assessment date must be included, as it marks when the tax liability became final and enforceable by the Department of Revenue.

  • The total amount of tax debt owed at the time of filing must be specified, including all accrued penalties and interest to that date.

  • The property's legal description or title reference must be provided so the lien can be appropriately associated with the correct parcel or asset.

  • The affiant’s signature must appear on the notice and be adequately verified by a notary public to confirm the filing's accuracy.

  • To complete the official record and ensure traceability, the name of the recording office and the registry personnel handling the filing must be stated.

This information becomes part of the public record, which lenders, creditors, or title companies can review before approving transactions.

Timeline and Procedure

The process generally unfolds in several clear steps:

  1. Notice of Assessment: The DOR issues a Notice of Assessment that identifies the unpaid amount and due date. This is the taxpayer’s first formal warning.

  2. Final Notice and Demand for Payment: If the amount remains unpaid, the taxpayer receives a final notice that provides a brief period to respond.

  3. Lien Filing: When the deadline passes without payment, the DOR records the lien with the Secretary of State’s Office and the appropriate Registry of Deeds.

  4. Public Recording: Once filed, the lien becomes enforceable against all property and appears in state and county records.

  5. Contact for Resolution: Taxpayers can contact the Collections Bureau for payment proposals or installment arrangements to prevent further enforcement actions.

Once filed, the lien remains active until it is released, withdrawn, or expires. The following section explains how long liens last and what they mean for property owners and businesses.

Duration and Legal Impact

Once a Massachusetts tax lien has been filed, it remains in place for a specific duration unless fully satisfied, withdrawn, or refiled. Understanding how long a lien lasts and its financial impact can help property owners take timely action to prevent long-term damage.

Duration Rules

Under Massachusetts regulation 830 CMR 62C.50.1, a tax lien lasts ten years from the assessment date. During this period, the Department of Revenue (DOR) has full legal authority to enforce the lien and pursue collection through levies or other legal actions.

The DOR also has the option to refile the lien if the tax remains unpaid. Refilling must occur during the required refilling period, which begins one year before and ends thirty days after the lien’s ten-year expiration date. When refiled, the lien can remain valid for another ten years, resulting in a total possible duration of twenty years.

Even when a lien expires, the underlying tax liability may still exist. The expiration only limits the lien’s enforceability against new creditors or purchasers. The DOR may initiate new collection efforts if the statutory period for tax collection has not expired.

Legal and Financial Effects

A Massachusetts tax lien affects more than just your property title—it can influence your financial profile. Once recorded, the lien becomes part of the public record, which means lenders, buyers, and credit bureaus can access it. This public visibility can reduce credit scores and make qualifying for loans or business financing harder.

A lien limits your ability to sell or refinance property until the debt is cleared. In many cases, proceeds from a sale are held in escrow and applied directly to the outstanding balance before the title can be released.

The effects can be even broader for businesses. Tax liens can disrupt operations by freezing business accounts or discouraging potential investors. The DOR also has the authority to impose wage garnishments, bank levies, and asset seizures if payment agreements are not established promptly.

Short-Term vs. Long-Term Impacts of a Tax Lien

1. Within the First Year

  • Potential Consequences: Credit score drops; property transactions may be delayed; payment notices are issued.
  • Recommended Action: Contact the Collections Bureau and establish a payment plan.

2. After Five Years

  • Potential Consequences: Continued interest and penalties accrue; the lien appears on all credit reports; business financing options become limited.
  • Recommended Action: Consider pursuing a partial lien release or subordination if refinancing is required.

3. After Ten Years

  • Potential Consequences: The lien may be refiled for an additional ten years if the debt remains unpaid.
  • Recommended Action: Request a payoff verification and take steps to secure lien release as soon as possible.

Understanding how long a lien lasts and its broader effects helps taxpayers prioritize repayment and maintain financial stability.

Options for Lien Removal or Resolution

Once a lien has been filed, the next step is finding a way to resolve it. The Massachusetts Department of Revenue (DOR) offers several paths to help taxpayers clear liens depending on their payment ability and financial circumstances. Knowing these options early can save you from additional penalties, interest, and restricted property rights.

Full Release through Payment

The most direct way to remove a Massachusetts tax lien is to pay the full amount owed. Once the balance—including all penalties, accrued interest, and collection fees—is paid, the DOR will issue a Certificate of Release through its Collections Bureau.

Accepted payment methods include bank checks, certified checks, debit cards, and personal checks, though processing times vary. Certified or bank check payments are released immediately, while personal checks can take up to thirty days to clear. To ensure a prompt release, taxpayers should verify that the DOR has processed and confirmed the payment to the DOR before closing property sales or refinancing.

Paying in full clears the debt and removes the lien from the public record, restoring your ability to sell, refinance, or transfer property without restrictions. This is the most effective option for property owners who want to protect their credit and regain complete financial flexibility.

Partial Release or Subordination

In cases where selling or refinancing part of a property would help pay down the tax debt, the DOR may grant a partial release. This occurs when the lien is lifted from one property or asset while remaining in place on others. To qualify, the taxpayer must provide documentation showing the fair market value of the property, any other encumbrances, and proof that the remaining assets exceed double the amount of the outstanding debt.

Another option is lien subordination, where the DOR agrees to place its claim behind another creditor—such as a mortgage lender—to allow a refinance or property sale to proceed. Subordination is typically approved when it facilitates tax collection or results in partial payment toward the balance. 

Both options require formal written requests submitted to the Massachusetts Department of Revenue with full property descriptions, current valuations, and proposed payment terms.

Hardship and Payment Agreements

Taxpayers may request a payment agreement or hardship relief if paying in full is not possible.

  • Payment Agreements: Taxpayers can apply through MassTaxConnect or by completing Form M-433(I) for individuals or Form M-433(B) for businesses. Agreements lasting twelve months or less may prevent lien filing, while longer arrangements may allow liens to remain in place until fully satisfied.

  • Hardship Relief: Those facing significant financial hardship—such as loss of income or medical emergencies—can file Form M-911, the Taxpayer’s Application for Relief Due to Hardship. When approved, the DOR temporarily halts collection actions such as bank levies and wage garnishments, though the lien remains valid until payment resumes.

Legal Actions and Representation

When liens involve large balances, business assets, or estate property, it may be necessary to seek legal assistance. A tax attorney can negotiate settlements, review lien validity, or represent you in probate court if estate assets are involved. In complex cases, professional representation helps ensure compliance with all filing, payment, and recording requirements while protecting your legal interests.

Knowing these resolution paths allows taxpayers to take practical steps toward financial recovery and reduce long-term consequences. The following section provides a detailed step-by-step process for paying, releasing, and recording liens in Massachusetts.

Step-by-Step: Paying, Releasing, and Recording

Following the correct process is crucial once you decide how to resolve your Massachusetts tax lien. Each step ensures your payment is recorded correctly, your lien is released promptly, and your property title becomes clear. Skipping even one step can delay release or create problems during future transactions.

Step 1: Confirm the Payoff Amount

Contact the Collections Bureau, Massachusetts Department of Revenue, to confirm your payoff balance. This total will include the original tax liability, plus any interest, penalties, and legal fees added since the assessment date. Request written verification of the total amount and a payment deadline to avoid calculation errors. Having an updated payoff statement prevents disputes later when requesting your lien release.

Step 2: Choose an Approved Payment Method

Select the most reliable payment option based on how quickly you need the lien removed. Accepted methods include bank checks, certified checks, personal checks, debit cards, or credit cards. Certified or bank checks are processed immediately, while electronic payments made through MassTaxConnect are usually verified within one business day. Personal checks take longer to clear, typically up to thirty days, so they are best used only when timing is not urgent.

Step 3: Submit the Payment

Mail your payment to: Massachusetts Department of Revenue, Collections Bureau, P.O. Box 7021, Boston, MA 02204.

Include your name, address, Social Security or Federal ID number, lien reference number, and tax periods on all correspondence. If paying electronically, ensure the payment confirmation number is stored safely. Payments must be received and posted before the DOR can process the release.

Step 4: Request the Certificate of Release

Once the payment is complete, request a written Certificate of Release from the DOR. This certificate formally removes the state’s claim on your property and clears the lien from the public record. Always verify that the certificate includes your correct property description and lien reference number. Keep copies of the release certificate and the original lien notice for future reference.

Step 5: Record and Verify the Release

After receiving the Certificate of Release, submit it to the Secretary of State’s Office and the appropriate Registry of Deeds for recording. Each office may charge a recording fee to update the records officially. Once the release is recorded, verify that the lien no longer appears in the registry or title reference. Finally, check your credit report within sixty days to confirm that the lien has been removed from all major reporting agencies.

Notable Cases and Estate Tax Liens

Not all tax liens in Massachusetts arise from unpaid income or business taxes. In some cases, liens are tied to estate tax obligations following a property owner's death. These estate-related liens can complicate property transfers and probate proceedings, so understanding how they work is essential for executors, heirs, and attorneys handling estate administration.

Massachusetts Estate Tax Filing Requirements

When a Massachusetts resident dies, the executor or personal representative must determine whether the gross estate value exceeds the state’s filing threshold. As of current DOR rules, estates with a total value exceeding one million dollars must file a Massachusetts estate tax return (Form M-706).

The filing process requires careful documentation of all assets, including real property, personal property, financial accounts, and life insurance proceeds. The executor must also attach a death certificate and ensure that all required estimated tax payments are made before submitting the return to the Massachusetts Department of Revenue. Failure to file or pay the estate tax can trigger a lien on estate assets until the liability is resolved.

Estate Tax Liens and Property Transfers

A Massachusetts estate tax lien automatically attaches to all real and personal property in the decedent’s estate at the time of death. This lien protects the Commonwealth’s claim until all estate taxes are paid in full. The lien applies even if the property is jointly owned or held in trust.

  • When the decedent shared property ownership with a joint tenant or surviving joint tenant, the lien attaches to the decedent’s proportional interest in the property until the tax liability is fully resolved.

  • Suppose the property was subject to a life estate. In that case, the lien applies to the decedent’s ownership interest for the duration of the life tenant’s rights, ensuring that the state can recover unpaid taxes when the estate transfers.

  • The lien remains valid against recorded and registered land, and it must be officially released at the Registry of Deeds before the property can be sold, refinanced, or transferred to heirs.

All property subject to estate tax liens must be cleared through the DOR before the probate court can authorize beneficiary distributions.

Clearing Estate Tax Liens

To remove an estate tax lien, the executor must pay the full estate tax liability and request an official Certificate of Release of Estate Tax Lien from the Department of Revenue. The request must include:

  • The executor must provide a completed Form M-706, which details all assets, deductions, and relevant financial information associated with the estate.

  • A notarized affiant’s signature must be included to verify the accuracy and completeness of all information reported on the estate tax return.

  • The submission must include proof of payment or official confirmation of electronic payment made through MassTaxConnect to demonstrate that all tax liabilities have been satisfied.

  • The executor must also attach documentation showing that all separate recording fees were paid at the Registry of Deeds, confirming that the release will be filed appropriately and recorded.

Once processed, the DOR issues the release, which must be recorded with the registry personnel in the county where the property is located. This final recording ensures the title is cleared, allowing sales, transfers, or estate settlements to proceed without restrictions.

FAQs

How long does a Massachusetts tax lien last?

A Massachusetts tax lien lasts ten years from the assessment date, but the Department of Revenue can refile it once for another ten years. Under Massachusetts law, the underlying tax liability may remain collectible even after expiration. Taxpayers should verify lien status directly with the Massachusetts Department of Revenue Collections Bureau to confirm whether it remains active or has been officially released.

Can a tax lien affect property sales or refinancing?

Yes, a Massachusetts tax lien prevents property sales or refinances until the balance is paid. Most lenders require a clear title before approving any transaction. Once the full amount is paid, the Department of Revenue issues a Certificate of Release, which must be recorded with the Registry of Deeds to remove the lien from public record and restore the property’s transferability.

What is an estate tax lien, and who does it affect?

An estate tax lien automatically applies to all real or personal property in a decedent’s estate. It affects executors, heirs, and any surviving joint tenant involved in property transfer. The lien remains valid until the Massachusetts Department of Revenue receives full estate tax payment and issues a Certificate of Release, ensuring the title is cleared for probate court approval.

Can hardship delay collection or enforcement actions?

Yes, taxpayers experiencing financial hardship can apply for relief using Form M-911. Once approved, the Department of Revenue temporarily suspends levies, wage garnishments, and other enforcement actions. However, the lien remains active, and interest continues to accrue until the full balance is paid or the taxpayer enters an approved payment proposal. Hardship relief provides breathing room but does not erase the tax debt.

How do I contact the Massachusetts Department of Revenue for assistance?

You can contact the Collections Bureau of the Massachusetts Department of Revenue by calling (617) 887-6400 or visiting MassTaxConnect online. Be prepared to provide your name, Social Security Number, lien reference number, and assessment date. These details allow the Department to locate your account quickly, review your tax liability, and explain available options for lien release or payment arrangements.