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Justice Manual § 9-114.110

Payment of Interest and Penalties on State and Local Real Property Taxes

activein force · 2026-01-01 – presentas-observed

The following policy is meant to ensure consistent national treatment of the payment of interest and penalties on state and local taxes on forfeited real property:

The United States will pay interest but not penalties on overdue taxes;

The formula for the rate of interest is set forth in 28 U.S.C. § 1961(a);

Higher rates of interest may be paid where the taxing authority has incurred out-of-pocket interest expenses in excess of the rate specified by 28 U.S.C. § 1961(a), e.g., where tax certificates have been sold to private investors;

United States Attorneys, with the concurrence of the Money Laundering, Narcotics and Forfeiture Section (MNF), Criminal Division, may agree to a higher rate of interest provided that such higher rate is not punitive; and

Taxes and interest thereon may only be paid up to the amount realized from the sale of the property. See Chapter 4 of the Asset Forfeiture Policy Manual ("Payment of Interest and Penalties on State and Local Real Property Taxes").

History

[updated January 2026]

Provenance

Source
justice.gov
Retrieved
2026-09-20
Edition
jm-2026-09-20
Content hash
e1b222f4923ea3e545c0e783ad39328418e19dd8a3b0b9a09bc5f58869c79893
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