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I live in Louisiana & have unpaid withholding taxes from a…

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I live in Louisiana &...
I live in Louisiana & have unpaid withholding taxes from a bankrupt business. That balance has now passed down personally. I'm attempting to get penalties & interest waived & set up an informal but reasonable payment plan. The LDR is not very helpful but I'm remaining patient & kind with them. What is the prescriptive period on the taxes due & will they levy my bank accounts if my personal bankruptcy is discharged but not finalized and closed. *when notified of bankruptcies they did not file formal priority claims.
Submitted: 7 months ago.Category: Tax
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11/30/2017
Tax Professional: PDtax, Certified Public Accountant (CPA) replied 7 months ago
PDtax
PDtax, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 5,086
Experience: 35 years tax experience, including four years at a Big 4 firm.
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Hi from Just Answer. I'mCustomer and can assist.

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Tax Professional: PDtax, Certified Public Accountant (CPA) replied 7 months ago

What state tax went to you is typically not a tax, but a responsible party penalty. With very unique tax law treatment.

Let me look into some specifics and get back to you, but that will be later today. I might also suggest a phone conference to discuss, as you could then have privacy to review the facts and my response.

Customerbr />
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Customer reply replied 7 months ago
That sounds fine but just s little more clarity. We owned a business that also had to file. We actually had to file bc of our business filing. So the withholding taxes have passed down from our business to us personally since we owned the business. But, absolutely, any help you can give me would be great. We're trying to rebuild after this painful bankruptcy & I'm panicked that I'll wake up Christmas morning with my accounts levied. I have put together a formal appeal to send to the board in an effort to get some help & hopefully some relief. LDR has for years sent conflicting & confusing information & assessments to us & when we filed, they were notified and never filed any priority claims. We have funds in our bankruptcy estate but bc they never filed a claim, I'm wrangling with my trustee to send LDR the funds. I look forward to hearing from you and hopefully getting some help. My clock is ticking to file my appeal.
Tax Professional: PDtax, Certified Public Accountant (CPA) replied 7 months ago

Yours is not a tax question, but a louisiana bankruptcy one. I can tell you what I would look at, but your bankruptcy attorney should respond to some of the following:

Is the states' claim a priority or nonpriority claim?

Did you include these taxes on both petitions?

Can you amend your petition to include these taxes?

Thanks for asking, and good luck with your attorney. Positive feedback is appreciated if this helps. I'mCustomer

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Tax Professional: PDtax, Certified Public Accountant (CPA) replied 7 months ago

Confirming post.

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Customer reply replied 7 months ago
I appreciate the info but both bankruptcy attorneys definitely feel this should be deferred to a CPA or tax attorney, which is what has brought me here. The balances & information were included in both bankruptcies & LDR was duly notified. LDR did not make claims on anything. The trustees/bankruptcy courts would have determined what if those balances are priority and non priority. The withholding taxes would be consider priority if my research is correct but not sure about interest & penalties but without LDR actually filing a claim it's a guess if how that would go bc it would be in the hands of the trustee to determine what of their claim would be paid. BUT there is no claim. I'm certain the trustee would allow them to add a claim since the case is still open but it's out of my hands to have LDR file one. My personal bankruptcy has stated that even though the bankruptcy is not closed that the withholding taxes could still be pursued. LDR has NO answers. They have just deferred me to the website & standard procedures. I'm smart enough to know that issues can go deeper & be more complex and help can be offered. I'm getting no answers. Just more if the same to pass along to others who give me general standard info. If that was what I needed, I would simply read the website.
Tax Professional: PDtax, Certified Public Accountant (CPA) replied 7 months ago

Even though I stand by my recommendation, I can assist. And I'm intrigued by your question.

But this is a research issue that I would have to charge more. I know the answer in my state, but not in yours.

See my offer and advise.

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Tax Professional: PDtax, Certified Public Accountant (CPA) replied 7 months ago

I did want to add something you could do outside of that research: negotiate a settlement with the state.

Louisiana offers an offer in compromise program you are likely eligible for. This allows you to negotiate a deal and move on. Typically for only a small amount of the total sought.

I had trouble creating links to the state web pages. Simply type "Louisiana offer in compromise" into your browser for more information. I typically suggest that unlicensed taxpayers get a pro to assist, but you know the language of the subject.

Good luck. Rating will be appreciated.

Customer/p>
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