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The IRD claim my wife owes them 100k from her business for…

The IRD claim my...

The IRD claim my wife owes them 100k from her business for income not declared.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

With our accountant we have been trying to prove this is not correct but they have taken a position that we are now unable to defend. My wife has no assets except for her share in the family home. Can the IRD make us sell the home to pay the debt-have they any claim over it? If my wife became insolvent because of this debt what would the situation be?

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

No

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

We are still working thru the debt with the IRD and were supposed to have a meeting with them in Dec but THEY could not meet as the investigators senior went on holiday. Our accountant is waiting to hear from them re a new meeting

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1/16/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,855
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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You can make arrangements to pay this off but before that you can require IRD to prove their case. I don't know what steps have been take so far however.

If the debt is actually due and you do not pay then IRD can claim her share of the house and make her bankrupt. You could buy her share of the house if that is a possibility.

But see if there are arrangements to pay this off as they do permit this, and you can make a decent offer

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,855
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Customer reply replied 7 months ago
Thanks for the information. We now have conflicting information as we were given advise that if my wife became insolvent that the IRD, the house would be safe. But thank you for the information, we will just have to wait and see what the IRD want to do
Customer reply replied 7 months ago
The first IRD should not be there-I did not proof read what I had typed

They cant sell it up directly unless they place a charging order on the property or make her bankrupt. The effort they go to will depend on the equity in the home. If you didnt have a mortgage they would certainly do so, but if you have a large mortgage and small equity, they would be unlikely to sell

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