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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33757
Experience:  15 years real estate, Realtor. Landlord 26 years
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I would like to purchase a condo (over 55 gated) in Florida;

Customer Question

I would like to purchase a condo (over 55 gated) in Florida; I now live in NY. However, I went out of business in NY and never filed a discontinuance of business upon advice of my accountant. This was over 20 or so years ago, and IRS is claiming I owe sales tax for all those years. I do not have paperwork to prove when I went out of business. Can I buy in Florida without the IRS taking my property for sales tax? They are claiming that I owe approximately $750 thousand, although I was not doing business. Can they put a lien or take my Florida property. I will be selling a condo here which is under my daughter's name and will be paying all cash. Thank you for any advice you can give me. Judith Rudnick
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I live in NY State. I am 72 years of age.
JA: Has any paperwork been filed?
Customer: No discontinuance was ever filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: My husband receives Medicare and medicaid, as his ss is very low. Will he still be entitled to medicaid in Florida?
Submitted: 29 days ago.
Category: Real Estate Law
Expert:  Barrister replied 29 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can I buy in Florida without the IRS taking my property for sales tax?

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The IRS is a national agency so they can come after assets wherever you have them if you owe back taxes to them. So buying in FL wouldn't protect those assets from any tax lien that is filed and pursued. Courts have held that a federal tax lien is enforceable in FL, even against homesteaded property.

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So it sounds like your best option is to contact a tax attorney and see if he can untangle this mess and get them to void out any taxes that were never actually incurred with you doing some type of Affidavit and providing them with your financial records showing you haven't been doing any business.

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That will be much cheaper than having them seize your home in FL and selling it at public auction and keeping all the money for a lien that is not valid and having to fight them in court.

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thanks

Barrister

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