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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 15344
Experience:  15years with H & R Block. Divisional leader, Instructor
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statue of limitation for property tax

Resolved Question:

statue of limitation for property tax
Submitted: 5 years ago.
Category: Tax
Expert:  Robin D. replied 5 years ago.

Robin D :

Hello and thank you for using Just Answer
Many states do have a statute of limitations on collecting property taxes. For example in Texas:


Sec. 33.05. Limitation on Collection of Taxes.


(a) Personal property may not be seized and a suit may not be filed:


(1) to collect a tax on personal property that has been delinquent more than four years; or


(2) to collect a tax on real property that has been delinquent more than 20 years.

Robin D :

You would need to be more specific about the state you are interest in before you click ACCEPT if you require specific information.

Customer:

Hi I am In illinois and the title company is suing me on the basis that i

Customer:

owed taxes on the property i sold in 2003 but the taxes are from 2001

Robin D :

re they being asked to pay the taxes

Robin D :

sorry* Are they

Customer:

can i file a motion to vacate this for lack of cause and use the statued of limitation as my reason

Customer:

yes

Robin D :

Let me see if Illinois even has a statute of limitations on proeprty tax

Robin D :

property*sorry

Customer:

ok

Robin D :

Thanks for waiting, I had to wade through the codes

Customer:

i've looked with no luck

Robin D :

(35 ILCS 200/20-190)


Sec. 20-190. Statute of limitation for collection of delinquent real estate taxes and special assessments.


(a) If a taxpayer owes arrearages of taxes for a reason other than administrative error, actions for the collection of any delinquent general tax, or the enforcement or foreclosure of the tax lien shall be commenced within 20 years after the tax became delinquent, and not thereafter. After 20 years the tax lien shall be discharged and released.

Robin D :

They do have a statute of limitations but you can see it is 20 years

Robin D :

I am at a loss to understand how any property taxes not paid were overlooked at the time of sale

Customer:

hm well thank you for your help i doubt that i wi;; be alive in another 8-9 years .

Robin D :

You are welcome

Customer:

so if i am living on a pension &ss how can i stop them from collecting on the taxes

Customer:

??

Robin D :

If this were the IRS that you were dealing with I would advise you to request to be placed on Currently Not Collectible status. This means that your income is not sufficient to support a tax debt be satisfied. This appears to be dealing with a private company and out of the tax area now

Robin D :

I would suggest you request the aid of an attorney if this is a legal matter with a private company

Customer:

have a nice day thank you again

Robin D :

Best wishes

Robin D. and other Tax Specialists are ready to help you