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I have never paid Montgomery County income taxes since we…

Customer Question
I have never paid...

I have never paid Montgomery County income taxes since we moved here from NJ in 2005. Notices were apparently sent from a private company called Berkheimer and I thought they were public accountants seeking work. Never anything from the county or Cheltenham Twp. I now have a court date next week. No doubt they will win, but how far back am I obligated to pay. I retired from my job in NJ this year. Chris

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I'm sorry, this is Pennsylvania.

Lawyer's Assistant: Has anything been filed or reported?

I filed and paid all federal and state taxes every year on time. No issues whatsoever.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything. I did speak to the Cheltenham Twp people and told them that had I seen anything from them or Montgomery Cty itself I'd have responded, but I had no idea this tax collection was farmed out to a third party. Who'd have guessed??

Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
9/13/2017
Lawyer: Maverick, Attorney replied 8 months ago
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,427
Experience: 20 years experience as a civil trial and appellate lawyer
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Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

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Customer reply replied 8 months ago
Ok
Lawyer: Maverick, Attorney replied 8 months ago

Individuals who are domiciled in PA or who are statutory residents of PA are subject to PA personal income tax on income, regardless of where the income was earned. But you may qualify for credits against tax paid to NJ on income earned there.

More to come...

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Customer reply replied 8 months ago
I understand that much now. My question is what is the statute of limitations for them collecting back taxes?? If they can't pursue 2005 thru 2009 I need to know this.
Lawyer: Maverick, Attorney replied 8 months ago

PA has reciprocal tax agreements with Indiana, Maryland, New Jersey, Ohio, Virginia and West Virginia. Under these agreements, one state will not tax a resident of the other state on compensation subject to employer withholding. For PA residents who work in reciprocal agreement states, PA taxes compensation, not the reciprocal state.

It is your responsibility to notify the employer of PA residency, and the employer should withhold PA tax from pay, not income tax of NJ / the reciprocal state. If an out-of-state employer does not withhold PA tax, then you must report compensation as taxable income to PA and pay the tax. You may also file a return and apply for a refund from NJ.

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Customer reply replied 8 months ago
No. This doesn't tell me anything I don't already know. My question is simply regarding Montgomery County taxes. Not state taxes. What is the statute of limitations on collecting back county income taxes????
Lawyer: Maverick, Attorney replied 8 months ago

Berkheimer's webpage states:

Generally, suits involving unpaid earned income / net profits taxes must be filed within three (3) years from the date a tax return was due or from the date when a tax return was actually filed, whichever is later. There is no statute of limitations for filing civil suits to collect unpaid earned income / net profits taxes if a taxpayer has not filed a tax return or in cases of tax evasion.

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