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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 1156
Experience:  16+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.
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I have a home health business, we are licensed with department

Customer Question

I have a home health business, we are licensed with department of aging and disability services whic his nedicaid, is time to renew our license and specifically asks in one of the questions if any of the persons of who runs the business or license holders has an unresolved tax lien, because the rule says that any personthat is noted on the license cannot have a federal unresolved rax lien, if that is the case they have the right to deny the license renewal.. the corporation currently have 3 IRS liens and at this point we offered an offer of compromise package to the IRS that is pending a response, do you think that the lien appears on my personal background?
Submitted: 1 year ago.
Category: Tax
Expert:  Barbara replied 1 year ago.

Welcome and thank you for giving me the opportunity to assist you with your tax question.

 

If the tax liens are against the corporation and not you personally, it should not appear against you personally. Further, if you have been in communication with the IRS and have an offer in compromise pending a response, that is not considered "unresolved."

 

Please let me know if you require further information or clarification.

 

Thank you.

Customer: replied 1 year ago.

Do you think I can transfer the license to another corporation? Or how c

Expert:  Barbara replied 1 year ago.

You can transfer the license to another corporation, but you do not have an unresolved tax lien. As I mentioned in my initial response, the lien is not against you personally, and it is not unresolved.

Customer: replied 1 year ago.

I obtained this document on public records, the owner of that company has a similar problem than mine, can you please review the attachment


Attachment: 2013-08-11_185049_539%5c10%5cXXX-XX-XXXX-k-pfd1.pdf

Expert:  Barbara replied 1 year ago.

Hi, Etna.

 

Unfortunately, I cannot view the attachment you sent. Due to privacy issues, JustAnswer has blocked some of the information by using "X's". If you were able to access it from the Public Records, tell me what the website is, the type of document and the date it was recorded. I may be able to narrow it down that way.

 

Thanks.

Barb

Customer: replied 1 year ago.


sorry in google I just typed first choice provider services and DADS and will give you a PDF of a court document

Expert:  Barbara replied 1 year ago.

I apologize, but I'm not getting any type of court document. Can you send me the link to the court document without any identifying information?

Expert:  Barbara replied 1 year ago.

Some of the link is still being x'd out. It looks like it's on a State of Texas website. What's the date and title of the court document?

Customer: replied 1 year ago.
Expert:  Barbara replied 1 year ago.

I apologize but Just Answer is blocking some of the information in the link as well as the docket number.

Customer: replied 1 year ago.


XXX-XX-XXXX.K

Expert:  Barbara replied 1 year ago.

Everything is x'd out in your most recent reply. It looks like a social security number, which is the reason it is x'd out. Personal information cannot be revealed on the site.

Expert:  Barbara replied 1 year ago.
A colleague on the site sent me a link which contained a Proposal for Decision pertaining to the issue involved in your initial question. I am reviewing it now and will send you my answer in a few minutes.
Expert:  Barbara replied 1 year ago.

Hello again, Etna.

 

It would seem that DADS has the complete power to unilaterally refuse to issue/reissue a license because of an unresolved tax lien either on the corporation or any of its owners/directors as evidenced by the following:

 

DADS may deny an application for renewal of a license to an applicant if the applicant, or an affiliate, administrator, or controlling person of the applicant, for two years preceding the date of the application, has a history of an unresolved state or federal tax lien in any state or jurisdiction. 40 TEX. ADMIN. CODE § 97.11(g)(2)(A).

What further complicates the issue is the meaning of the word "unresolved" as DADS defines it, which seems to be ambiguous.

In your case, which is similar to what I have just read, an OIC was pending but no approval from the IRS had been received. According to DADS, this is "unresolved" even though there is nothing anywhere that defines "unresolved." I am not even certain that DADS would renew your license if the OIC had already been approved by the IRS.

It might be worth your while to contact DADS directly and let them know exactly what is going on and how you are planning to rectify the IRS situation. Sometimes it is better to voluntarily provide the information rather than DADS find out on its own.

Please let me know if I can assist you further.

Thanks,

Barb

Customer: replied 1 year ago.

Do you think if it is possible to transfer our state license to another corporation?

Expert:  Barbara replied 1 year ago.

I'm sure it's possible to transfer your state license to another corporation, but I would be hesitant to do that because DADS might interpret that as you trying to hide the information about the tax liens from them.

Customer: replied 1 year ago.


in fact that's what I'am hoping since we don't have a lien on our personal records.. and they check our criminal backgrounds, I don't know if they check the corporation public records

Expert:  Barbara replied 1 year ago.
After reading the information about that case, it would seem that they do a check of your personally. How extensive the check is, I have no idea. The check may reveal you to be an officer of the corporation, and then they might delve further and find the tax liens.
Customer: replied 1 year ago.


can I sell the corporation and assign some one else to be the administrator/owner?

Expert:  Barbara replied 1 year ago.
You could, but what about the tax liens? Every transaction is traceable, and I do not know how extensive DADS is with their background checks. As I said, I think DADS would not look favorably upon anything it might deem to be deception.

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Barbara
Barbara
Tax Professional
1156 Satisfied Customers
16+ years of experience in tax preparation; 25+ years of experience as a real estate/corporate paralegal.