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if you dont pay your income taxes the irs can put a lien on your real estate i think everybody realizes that and its pretty straightforward the lien attaches to your property and you cant sell the property without first paying off the lien but what happens when the the taxpayer lives in a house thats owned by a trust so trusts are fairly common and its rare but on occasion a taxpayer will have a tax lien against them but theyll be in a house thats owned by a trust not by them individually i ran into this yesterday and i read the irs collection manual on this situation and its a bit of a gray area the irs says essentially whether or not the lien attaches to the real estate which is in the trust will depend on the validity of the trust and things will be considered such as what sort of control the taxpayer has over the trust and what sort of interest as a beneficiary does the taxpayer have so if the taxpayer can control the trust absolutely do whatever they want with trust proper