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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
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Experience:  Bankruptcy professor.
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Are property tax on content of a business dismissible in ban

Resolved Question:

Are property tax on content of a business dismissible in bankruptcy? The business was a Georgia corporation closed with no assets.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

Hi JACustomer,

Although property taxes are generally dischargeable in a Bankruptcy, if the taxes were owed by a corporation, and not by you personally, those taxes do not belong in your personal Bankruptcy.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

 

 

cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you
Customer: replied 3 years ago.
The County where the business was located sent me a $7.000.00 property tax bill and said they were coming after me personally. Can they do that? That's the reason I was asking about putting the tax bill in my bankruptsy. The bankurptsy was discharged December 20 of 2010 but I have a window of 12 months to reopen.
Expert:  cfortunato replied 3 years ago.
For what year(s) are the property taxes for?
Customer: replied 3 years ago.
Then why are they coming after my personally and threatening a levy? Can they levy my personal account? They sent the tax bill to my home address.
Expert:  cfortunato replied 3 years ago.

It is possible for an owner or officer of a corporation to be held personally liable for debts of a corporation or an LLC - including property taxes - if it is determined that there was some fraud involved. This is the only way the owner or officer can be held personally liable, if the debts were not personally guaranteed.

That is why I said that "property taxes are generally dischargeable".

If it is determined that owner or officer is personally liable because of fraud, then the property taxes cannot be discharged in a Bankruptcy. Bankruptcy Stat. 523(a)(2).

Customer: replied 3 years ago.
The years they are looking for are 2004, 2005, 2006, although the business was closed in 2005. There was no fraud I just closed the business after a divorce with no assets, all the equipment was leased.
Is their a law code I could referance that an officer of the company can't be held responceable for the property taxes they say I owe?

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