Vermont § 5895 - Tax liability as property lien

Full text of Vermont Vermont Statutes Online § 5895 — Tax liability as property lien, with citation guidance and answers to common questions.

§ 5895. Tax liability as property lien

  • (a)(1) If any corporation, partnership, individual, trust, or estate required to pay or remit
    any tax liability under this chapter neglects or refuses to pay it in accordance with
    this chapter after notification or assessment thereof under sections 3202 and 3203 of this title, the aggregate amount of the tax liability then due and owing, together with any
    costs that may accrue in addition thereto, shall be a lien in favor of this State
    upon all property and rights to property, whether real or personal, belonging to the
    corporation, partnership, individual, trust, or estate. (2) The lien shall arise at the time the notification or assessment is made by the Commissioner
    and shall continue until the aggregate tax liability with costs is satisfied in full
    or becomes unenforceable by reason of lapse of time. The lien shall be valid as against
    any subsequent mortgagee, pledgee, purchaser, or judgment creditor when notice of
    the lien and the sum due has been filed by the Commissioner with the clerk of the
    town or city in which the property subject to lien is situated or, in the case of
    an unorganized town, gore, or grant, in the office of the clerk of the county wherein
    the property is situated. The lien shall be deemed filed when the clerk of the town
    or city indorses a certificate on the lien pursuant to 24 V.S.A. § 1159. (3) In the case of a motor vehicle, the lien shall also be valid when a notation of the
    lien is made on the certificate of title and shall only be valid as against any subsequent
    mortgagee, pledgee, bona fide purchaser, or judgment creditor when such notation is
    made. (4) In the case of any prior mortgage on any real or personal property so written as to
    secure a present debt and also future advances by the mortgagee to the mortgagor,
    the lien established pursuant to this section, when notice thereof has been filed
    in the proper clerk’s office, shall be subject to the prior mortgage unless the Commissioner
    also notifies the mortgagee of the recording of the lien in writing, in which case
    any indebtedness thereafter created from the mortgagor to the mortgagee shall be junior
    to the lien established pursuant to this section.

Frequently Asked Questions About Vermont § 5895

What does Vermont Statutes Online § 5895 cover?

Section 5895 ("Tax liability as property lien") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 5895?

A common citation format is "Vermont Statutes Online § 5895" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 5895 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.