Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law

We began leasing a bar in July of 2015 then purchased the

Customer Question
property in August 2015....
We began leasing a bar in July of 2015 then purchased the property in August 2015. The village of Saukville WI is not coming to us for some personal property taxes owed for 2015. The Village claims we are responsible for the entire year. Based on our accountant we are not responsible for those taxes until 2016 calendar year. The tax bill is listed as the previous owner. Please provide our next steps in straightening up this tax question. Thank you, Cindy
Submitted: 1 year ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 2 hours by:
3/16/2016
Business Lawyer: Attorney2020, Attorney replied 1 year ago
Attorney2020
Attorney2020, Attorney
Category: Business Law
Satisfied Customers: 2,580
Experience: I am a practicing attorney. I have experience in business law, bankruptcy, real estate law and estates.
Verified

Do the terms o the lease address this issue. If so, the terms of the lease govern.

Ask Your Own Business Law Question
Customer reply replied 1 year ago
The issue is related to the business personal property tax issue. When we purchased the property we also purchased the bar so it is now our business. Maybe I was not clear on that. The village is not looking to the new business owner (us as of August 2015) to pay the personal property taxes for the year 2015. There is no lease in play with the previous business owner.Please respond. Thank you Cindy
Business Lawyer: Attorney2020, Attorney replied 1 year ago

I see.

Ask Your Own Business Law Question
Customer reply replied 1 year ago
is the previous owner responsible for the personal property for 2015 or are we as the new owners?
Business Lawyer: Legalease, Attorney replied 1 year ago
Legalease
Legalease, Attorney
Category: Business Law
Satisfied Customers: 16,388
Experience: 14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements
Verified

Hello there --

-

I apologize for the delay in responding -- I was not aware that this question was reopened until just now.

-

Typically these things are taken care of in writing in a written purchase agreement for the property. In the absence of such an agreement, the responsibility to pay the taxes is on the prior owner for the period he owned the property in 2015 and then on you for the time period that you own the property in 2015 (this is actually how it is usually handled at a closing -- on a pro rata basis -- the sale documents should show the two portions of the taxes owed and how much each the seller and buyer are paying). Now, if the taxes being sought are part of the business and the prior owner failed to disclose that to you then you have a lawsuit against the prior owner for the full 2015 year for the failure to disclose that these taxes are due and you are responsible for them. However, if he did disclose these taxes to you and there is nothing in writing stating how the taxes are to be treated at closing, then each of the owners in 2015 is responsible for their portion for the months each owned the bar and property during 2015. Unfortunately, in either situation, you will have to pursue the prior owner for payment of these taxes yourself because the taxing authority/assessors office has no legal obligation to do so. You see, the taxing authority is assessing the taxes against the property and not you personally and so if they remain unpaid, they will simply place a lien on your property and eventually foreclose on that lien if the taxes remain unpaid for a year or two after the assessment of the taxes. Legally, it does not matter who is the legal owner of the property because the taxing authority has the power to lien the property and foreclose on it.

-

My suggestion here is to send the prior owner an invoice with his portion of the taxes and ask him to pay it or you will seek legal recourse for misrepresentation and failure to disclose the assessment and imminent nature of the taxes at the closing. If he refuses or you get no response, then I suggest you either take the matter to small claims court against the former owner (depending upon the amount of the taxes, you may be able to do this simply in small claims court in your local county civil court without using an attorney) or you contact a local attorney in your area to pursue further legal action against the prior owner.

-

Please let me know if you have further questions. If not, can you please press a positive rating above so I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star on the right of the middle star above in the ratings section. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

-

MARY

Ask Your Own Business Law Question
Ask Legalease Your Own Question
Legalease
Legalease
Legalease, Attorney
Category: Business Law
Satisfied Customers: 16,388
16,388 Satisfied Customers
Experience: 14 years experience corps, LLC's and partnerships; preparation, negotiation of complex contracts and business agreements

Legalease is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

646 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
If I have a business registered in the state of A, and I
If I have a business registered in the state of A, and I live in the state of B. I plan to open a business account. In which state, A or B, I should open the business account, from legal perspective a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
We are looking to start a business and i was was wondering
we are looking to start a business and i was was wondering if we are allowed to trademark a name? i looked it up and a portion is already trademarked by multiple businesses. so multiple businesses can… read more
Lori
Lori
Juris Doctor
281 satisfied customers
I need assistance with a business closure. My store was
I need assistance with a business closure. My store was closed inappropriately. Now they are suing for the remaining lease and a personal guarantee.I have the following areas I need support with. Prov… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My business is registered in Delaware as an LLC with a
Hi Pearl, my business is registered in Delaware as an LLC with a partner. My partner is no longer with the company. I would like to move the business to PA where I live. I am also changing the name of… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
How binding is a non-compete agreement if 2 business
How binding is a non-compete agreement if 2 business partners (50/50) created a non-compete for employees but never signed or agreed to the non-compete themselves. And to mention ... there are no clie… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Can a proprietorship business be bought and sold? Is
Can a proprietorship business be bought and sold? Is proprietorship business considered to be legal entity? I am the seller and have separate tax id for this my healthcare small business..A buyer gave… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it legal for a business to offer their services to
Is it legal for a business to offer their services to individuals of families that live on or below our government's difinition of the poverty level… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I'm looking to buy a business that deals in promotional
hello. I'm looking to buy a business that deals in promotional products. i'm getting an SBA loan which I will personally guarantee. I currently own an S corporation now but taxed as a pass through ent… read more
KLAW
KLAW
Juris Doctorate
1,769 satisfied customers
The 60% business owner to an LLC with no articles of
the 60% business owner to an LLC with no articles of organization, has done things that makes all of us want to separate. however the 40% owners hold all MHIC licenses. Can the 60% just move the compa… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
What liscences are needed to open a juice bar in nyc other
Hi. What liscences are needed to open a juice bar in nyc other than a health dept permit … read more
lawyerJ
lawyerJ
Juris Doctorate
143 satisfied customers
Business consultant. I started a new business that will
business consultant. I started a new business that will offer 50 percent discounts on products and services. How can I get an email list of potential users of my new product? Either how grown or purch… read more
RGMacEsq
RGMacEsq
Attorney
Doctoral Degree
751 satisfied customers
I decided to sue my business partners. The business is going
I decided to sue my business partners. The business is going to operate in Panama city beach Florida but we live in Pembroke Pines Florida. What court should i use for this? … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
A business executive candidate asked a business owner about
A business executive candidate asked a business owner about the details of the business' technology at a meeting. The business owner's IP attorney advised the business owner not to disclose the techno… read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I graduated from Law school I took the bar exam in Florida,
I graduated from Law school I took the bar exam in Florida, but I have not yet pass the bar exam. Florida has completed the character and fitness investigation, and already issued me the notice of com… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I have a bar in New Rochelle and I'm interested in getting a
I have a bar in New Rochelle and I'm interested in getting a hookah license … read more
Damien Bosco
Damien Bosco
3,388 satisfied customers
I am a 20% owner in an s-corp (a small restaurant/bar in
Hi I am a 20% owner in an s-corp (a small restaurant/bar in NYC) and plan to resign as shareholder, officer. What paper work do I need to file? I also need to submit paperwork to remove my name from t… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
I am an accountant for a c corp, it is a restaurant/bar with
I am an accountant for a c corp, it is a restaurant/bar with an illinois liquor license. He want to open another bar and not use the full name of the corp. Can he do a D/B/A under the corp. Does he th… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,851 satisfied customers
I sold my business (bar) to a person I have a contract. He
I sold my business (bar) to a person I have a contract. He took over the first of DE em … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x