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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22737
Experience:  Taxes, Immigration, Labor Relations
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I just received a Tax Warrant from the Kansas Department

Resolved Question:

I just received a 'Tax Warrant' from the Kansas Department of Revenue. Does this mean that someone will force me to sell my house or that my bank account will be levied? I spoke to a Kansas tax rep., last month, about making payment arrangements. She was suppose to send me some financial form, which I have not received, and now I have this Tax Warrant. So, what does this mean? Will I be arrested?
Submitted: 4 years ago.
Category: Tax
Expert:  Lev replied 4 years ago.

the State of Kansas Department of revenue issues a tax warrant to levy on the property if the person failed to pay state income taxes.

In some cases where the pay plan exceeds six months, a tax warrant will be filed with the District Court to protect the State's interest. A tax warrant will also be filed if the Statute of Limitations is due to expire during the term of the payment plan.

 

Nobody will not be arrested or jailed for the tax debt unless the person has committed a tax fraud.

However - the levy might be placed on the property you own, your bank account, and your income might be garnished.

 

All states are short on revenue nowadays and they put a pressure on all possible collection activities.

Taxpayers who are granted a payment plan must file and pay all current and future taxes and estimated payments when due. Any additional debts not included in the agreement or missed payments will be considered default of the agreement and KDOR may take immediate enforcement action.

If you have any issues - I suggest to contact Taxpayer Advocate - Bob Clelland atXXX@XXXXXX.XXX to resolve tax issues or answer questions.

Contact Civil Tax Enforcement at(NNN) NNN-NNNNfor the current pay-off amount.

Let me know if you need any help.

 



Edited by LEV on 10/10/2009 at 5:31 AM EST
Customer: replied 4 years ago.
The answer that you gave is from the Kansas State website and really isn't the answer I was looking for. What I need to know is this....does this letter mean that they will automatically put my home up for sale; garnish my wages; and or levy my bank account? I spoke to a Kansas rep a few weeks ago to make payment arrangements. She stated that she will send me a financial form, but I never received it. Now I have this letter. I need to know if they will give me the time to contact them to work out a payment plan or does this warrant mean they will go ahead and levy my accounts? I had my tax accountant file an abatement (which I'm not sure what the purpose of that was) a couple of months ago. I live in Missouri, but work in Kansas. The KDOR is very confusing.
Expert:  Lev replied 4 years ago.

does this letter mean that they will automatically put my home up for sale; garnish my wages; and or levy my bank account?

No - your home will not automatically be seized, but - the lien will be registered and you will not be sell your home or refinance without coordination with the State of Kansas Department of Revenue.

They may levy your bank account - if you are not current with your payment plan.

 

I need to know if they will give me the time to contact them to work out a payment plan or does this warrant mean they will go ahead and levy my accounts?

If they levy on your bank account or wages - your funds will be froze - and you will have a specified period to settle with the Department of Revenue before your money would be garnished.

 

You might want to contact that person again and ask to fax forms or send them by email - and to speed up the process.

 

I had my tax accountant file an abatement (which I'm not sure what the purpose of that was) - that generally means you are asking to forgive your tax liability - I hope that you have good arguments for that - but the risk is that your request will be rejected.

 

Generally - you need to negotiate installment payment plan if you can't pay in full.

If you will be granted a payment plan and will be current - that will protect you from garnishment.

All information about requesting a payment plan might be found here - http://www.ksrevenue.org/payplanind.htm

 

Let me know if you need any help.

 



Edited by LEV on 10/10/2009 at 6:22 AM EST
Customer: replied 4 years ago.
So, what you are stating is that my home will not be automatically seized and since I am NOT on any installment plan now, they will not levy my bank account; therefore, I should be able to contact them on Monday to negotiate a payment plan. Is this correct?
Expert:  Lev replied 4 years ago.

The State of Kansas OR issues a tax warrant to levy on the property if the person failed to pay state income taxes - regardless if you have or not installment payment plan.

The DOR doesn't want your property, doesn't want to seize you property and deal with selling - all they want - the money.

 

If you do not have any agreement (like an installment payment plan or any other agreement) in place - they will act to collect the money - start a garnishment of you wages and put a levy on your bank account. If that happens - you should be notified - funds will be frozen for a specific period (normally 30 days) - so you may get into the agreement and have funds released.

As you did not get a note about garnishment and do not have any agreement in place - you might expect the note shortly.

The DOR very rare seizes properties and a house that your primary residence - but you might expect the lien to be registered in your county and reported to the credit bureau - you might have issues with your credit history for years if that happens.

 

I suggest you to contact the DOR as soon as possible - and might have someone to represent you BEFORE the DOR performs any other collection activities.

Please be aware that if you are in the middle of negotiation - that will not stop the DOR from such activities.

 

Let me know if you need any help.

 

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22737
Experience: Taxes, Immigration, Labor Relations
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