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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22771
Experience:  Taxes, Immigration, Labor Relations
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I have a sales tax lien in Arizona ... this lien is 19 years

Resolved Question:

I have a sales tax lien in Arizona ... this lien is 19 years old - it is on my credit report - I did not even know about it until I tried to get a mortgage - I live in another state and do not want to go back to Arizona, hire an attorney to argue this ... The sales tax obligation was against my company - the state could not collect ... but it seems that they have teh lien against me personally ... can they pierce the corporate shield ... what is the statue of limitations on this 19 year ld sales tax lien?
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.

LEV :

Hi and welcome to Just Answer!
Yes - there is the statute of limitations - see here - http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/42/02066.htm&Title=42&DocType=ARS


42-2066. Statute of limitations on tax debts


A taxpayer's obligations for any tax, interest or penalty required to be collected by the department for any tax period are extinguished, if not previously satisfied, ten years after the amount of tax determined to be due becomes final unless one of the following circumstances applies:


1. The department has commenced a suit to collect the debt pursuant to section 42-1114.


2. The taxpayer has agreed in writing to extend this time period before the time period expires.


3. Enforced collection has been stayed by the operation of federal or state law during the period. The period of limitations prescribed by this section is extended by the period of time that the department was stayed from engaging in enforced collections.

LEV :

In your situation - the tax lien should be released according to - http://law.justia.com/arizona/codes/title42/01153.html


E. If a tax obligation has been extinguished pursuant to section 42-2066, the lien for the extinguished tax is also extinguished. The department is not required to record a release of the lien under this section, but on the taxpayer's written request, the department shall provide a certificate of release to the taxpayer.

LEV :

You still need to contact AZ DOR asking to release the lien.

Customer:

so - this sales tax lien has reached its statue of limitations ... I need to ask the DOR to release the lien ... is this crrect ...

Customer:

Lev - am I correct in understanding your response all I need to do is ask the DOR to release this lien?

LEV :

Yes - you are correct. Actually the tax lien should be release long ago.

Customer:

thank you very much -

Customer:

is there anything special I should say?

LEV :

Please be aware that the statute was changed - and current statute doesn't have that statement - http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/42/01153.htm&Title=42&DocType=ARS
So you need to reference the statute from 2005 that I provided above.

Customer:

any special wording or reference?

Customer:

Oh, Ok

Customer:

Thanks

LEV :

There is no special wording - they should do that without your intervention. But be prepared to defend your position.

Customer:

ok - thank you

Customer:

defend in what way?

Customer:

defend with the statue you referenced?

Customer:

yes?

LEV :

If you will talk to the person - they will reference the current version of the statute. But you need to insist that previous version should be used.

Customer:

Ok - I understand ... thank you ... have a good night

Customer:

P

Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22771
Experience: Taxes, Immigration, Labor Relations
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