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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
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Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Back in Sept 2001 my company which was a LLC in the state of

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Back in Sept 2001 my company which was a LLC in the state of Connecticut went out of business. The town we live and did business as WebGard LLC, Winsted, CT, we paid yearly property taxes for this business.

This morning I find that there is a tax bill that belonged to Webgard LLC, however the town changed the name on the tax bill to my name and my wife's name and it shows as property taxes.

How can they legally do that and do we have any legal recourse? The interest is over 5 times the actual tax bill.
Submitted: 9 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, if your LLC went out of business and you owed any back taxes, then the members of the LLC become personally liable for back taxes. This is why they are coming after you personally for those taxes.

There is a 10 year statute of limitations in CT and for the IRS to collect back taxes, but I am afraid there is a 15 year statute of limitations for property taxes, so if this is property taxes they can still pursue the delinquency.

Generally, they will negotiate with the tax payer and agree to waive a good bit of that interest, but legally they can pursue the members owners of the corporation or LLC personally for that money (because the government always get their taxes).



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Customer: replied 9 months ago.

I apologize for not getting back to you sooner. I have been trying to find a way to work out the property tax issue with my town, and unfortunately they will not offer me any breaks at all.


 


The biggest issue I have is that they have already taken this issue to court and gotten bank executions as well as allowed to do an asset discovery, we have nothing so they have not collected anything. The only reason I know this happened is because my credit report showed a hard credit check from a debt collector, and once I started to investigate who this debt collector was and contacted them I got to this point.


 


I have not found any way to stop these bank executions so that we can get this issue resolved and move on with our lives, however our town is under a federal investigation and is almost completely broke so maybe that is why they refuse to work with me.


 


Anyways, thank you for your time


 


 

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.

While the town states they will not negotiate on this, a decent tax attorney would be able to negotiate some relief in most cases and that should be your next step, because taxes are not generally able to be discharged even in bankruptcy. You have some recourse here, it may not be the best you want because of the laws but you should avail yourself of every option you have before giving up.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88860
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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