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Old 01-04-2004, 11:21 PM
Katie Jaques
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Default Re: Ad Valorem Tax question

"R. Sheu" <rsheu[at]hotmail.com> wrote:

- quote -

> A friend and I had a Florida corporation that went out of
> business in September. We received a bill from the county
> tax collector for Ad Valorem taxes and non-ad valorem
> assesments. I am told by the taxing authority that there
> was a time to contest this bill, (Sept.) but during the
> shuffle of moving out of my co-workers home the letter to
> contest the bill must have been lost.
> My former co-worker has moved out of the state and I'm
> currently unemployed but looking. The bill is for ~$1,400
> which would have to come out of my personal savings account.
> My question is: Am I personally liable for this bill?
> The taxing authority told me that I must pay this tax. I
> don't want to break the law, and will work out a payment
> plan for the bill if absolutely necessary but is it
> absolutely necessary that I pay this bill personally? What
> would happen if I don't?


It depends ... Who owned the property? What happened to
the property -- who owns it now? Did you and/or your friend
take that or other property out of the corporation? What
kind of property was it --real, personal?

If the corporation owned the property, and sold or otherwise
transferred it to a third party (not you or the other
stockholder) and used the proceeds to pay debts of the
corporation, and you and the other stockholder didn't take
anything out of the corporation that you didn't pay for,
then the assessor may not be able to collect from you
personally. (The present owner might be liable under some
circumstances, and might be able to collect reimbursement
from you personally, depending on the terms of the sale.)
On the other hand, if you and/or your co-owner ended up with
the property, or if the corporation sold it and you took the
proceeds or other property out of the corporation, you're
probably personally liable for the tax.

If you are personally liable they may be able to attach your
bank account, garnish any wages, seize your SUV, etc. They
certainly can put a lien on the property, although that
won't affect you if you don't own it.

Katie in San Diego

The foregoing is intended for educational purposes only and
does not constitute legal or professional advice.

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Old 01-03-2004, 04:34 AM
Wayne Brasch
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Posts: n/a
Default Re: Ad Valorem Tax question

"R. Sheu" <rsheu[at]hotmail.com> wrote:

- quote -

> A friend and I had a Florida corporation that went out of
> business in September. We received a bill from the county
> tax collector for Ad Valorem taxes and non-ad valorem
> assesments. I am told by the taxing authority that there
> was a time to contest this bill, (Sept.) but during the
> shuffle of moving out of my co-workers home the letter to
> contest the bill must have been lost.
> My former co-worker has moved out of the state and I'm
> currently unemployed but looking. The bill is for ~$1,400
> which would have to come out of my personal savings account.
> My question is: Am I personally liable for this bill?
> The taxing authority told me that I must pay this tax. I
> don't want to break the law, and will work out a payment
> plan for the bill if absolutely necessary but is it
> absolutely necessary that I pay this bill personally? What
> would happen if I don't?


If this was, in fact, a corporation that was incorporated
correctly under Florida law, no creditor including a taxing
authority can get anything from you other than property
which properly belonged to the corporation. This means that
you should not have to take your personal property (money in
your savings account) to pay a debt of the corporation.
This debt should be paid with property that belonged to the
corporation.

Wayne Brasch, CPA, M. S. Taxation

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  #-1  
Old 12-31-2003, 11:13 PM
R. Sheu
Guest
 
Posts: n/a
Default Ad Valorem Tax question

A friend and I had a Florida corporation that went out of
business in September. We received a bill from the county
tax collector for Ad Valorem taxes and non-ad valorem
assesments. I am told by the taxing authority that there
was a time to contest this bill, (Sept.) but during the
shuffle of moving out of my co-workers home the letter to
contest the bill must have been lost.

My former co-worker has moved out of the state and I'm
currently unemployed but looking. The bill is for ~$1,400
which would have to come out of my personal savings account.
My question is: Am I personally liable for this bill?

The taxing authority told me that I must pay this tax. I
don't want to break the law, and will work out a payment
plan for the bill if absolutely necessary but is it
absolutely necessary that I pay this bill personally? What
would happen if I don't?

Thanks

<< -------------------------------------------------> << The Charter and the Guidelines for submitting > << messages to this newsgroup are at www.asktax.org > << ------------------------------------------------->
 

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