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I am the sole owner of 2 s-corps; my husband works as an employee

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I am the sole owner of 2 s-corps; my husband works as an employee for the business. New York State sales tax department has attached my husband's social security number to the sales tax liability and corporate liability. He's not even an "officer" of record. What does he have to do to get himself released from the liability?

Also, I have an IPA for one of the businesses which is no longer in business and I am unable to make the "agreed" payment because my paycheck just started being garnished in January for a past vendor debt (judgement). If I file bankruptcy am I still required to make the IPA payment at the current amount or can I renegotiate it for a lower amount; will the penalties and interest be removed from the tax liability?
Submitted: 7 years ago.Category: Business Law
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5/4/2010
Business Lawyer: Law Educator, Esq., Attorney replied 7 years ago
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 120,995
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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You first need to contact the Sales Tax Department and provide them with copies of the corporate paperwork and your EIN records showing that he is not listed as an owner/member or liable party on that paperwork and provide them with the correct information for the responsible party.

The bankruptcy will not extinguish IPA payments or the tax liability payments or the penalties. The bankruptcy could extinguish your garnishment judgment from the vendor and any other unsecured debts.


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