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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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I believe Texas does not allow collections on non collarteral

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I believe Texas does not allow collections on non collarteral debts as in personal income tax. Is this true?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV : Hi and welcome to Just Answer!
LEV : Texas doesn't have state personal income tax. However federal income taxes are regulated by federal laws - not state laws - and as such might be enforced.
Customer: If I purchase a house in Texas as my primary residence can the state of Kansas put a lien on it if I owe personal state income taxes from 20 years ago? (I have found financing on a house in Texas, but the concern with the financeer is that Kansas may be able to step in and place a lien on my primary residence)
LEV : Generally - yes they may do that - but KS DOR would need to sue you in TX. Unless the tax debt is very large - that is very unlikely. What they most likely will do - will cease your federal tax refund via the Treasury Offset Program.
Customer: I intend on settling this debt with the State of Kansas with a tax attorney eventually, however they have ceased the federal tax refund collection about 9 or 10 years ago which leads to the question of statute of limitations of 10 years to collect before it expires
LEV : Please see here - http://kansasstatutes.lesterama.org/Chapter_79/Article_32/79-3230.html The amount of income taxes imposed by this act shall be assessed within three years after the original return was filed, the tax as shown to be due on the return was paid or within one year after an amended return is filed, whichever is the later date, and no proceedings in court for the collection of such taxes shall be begun after the expiration of such period. For purposes of this act any return filed before the 15th day of the fourth month following the close of the taxable year shall be considered as being filed on the 15th day of the fourth month following the close of the taxable year, and any tax shown to be due on the return and paid before the 15th day of the fourth month following the close of the taxable year shall be deemed to have been paid on the 15th day of the fourth month following the close of the taxable year.
LEV : Specifically for collection - see here - http://kansasstatutes.lesterama.org/Chapter_79/Article_32/79-3233i.htmlStatute 79-3233i: Same; uncollectible accounts; account $25 or less or delinquent more than 7 years; basis for determination. Any individual and corporate tax indebtedness, including the penalty and interest thereon which has: (a) Been delinquent for more than five years, or (b) is in the amount of $100 or less, and is determined by the secretary to be an uncollectible account after all reasonable efforts have been made to effect collection, may be abated in the manner and subject to the limitations prescribed by K.S.A. 79-3233g for any one of the following reasons: (1) The statute of limitations bars collection; (2) Lack of jurisdiction; (3) The domicile of the taxpayer is located outside of the state, and the taxpayer has no assets within the state of Kansas upon which the division of taxation may levy; (4) Insolvency of taxpayer; (5) The taxpayer cannot be located; (6) The taxpayer is receiving social security benefits, or social welfare payments and the taxpayer has no other assets upon which the division of taxation may levy; (7) The taxpayer is mentally ill or physically incapacitated and circumstances indicate that the taxpayer will not be economically productive in the foreseeable future; (8) The administration and collection cost involved would not warrant collection of the amount due, and it will be to the advantage of the state to grant abatement of taxpayer's indebtedness.
LEV : So 7 years after assessment is a limit unless any exemption could be used.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22749
Experience: Taxes, Immigration, Labor Relations
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Customer: replied 1 year ago.
Thank you I believe this will head us in the right direction

david and barbara
Expert:  Lev replied 1 year ago.
Appreciate your warm words.
I hope that information will be helpful.
My goal is to provide EXCELLENT service.
Be sure to ask for clarification as needed.

Here is the link to the statute for your reference - http://kansasstatutes.lesterama.org/Chapter_79/Article_32/79-3233i.html

Have a wonderful New Year!

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