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Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes. If it is a joint tax liability and the secondary taxpayer is deceased, then pursue tax collection from the primary taxpayer. If it is a joint tax liability and the primary taxpayer is deceased,…
If the liable taxpayer, after Notice and Demand for Payment, neglects or refuses to pay, then the balance due (tax, penalties, interest, costs) shall be a Lien, in favor of the State of Illinois, and shall attach to all property and rights to property, belonging to the taxpayer, whether real or personal. Unless another date is specifically fixed by law,…
When spouses file a joint tax return, each spouse is responsible for the entire tax liability. This is referred to as joint and several liability. Joint and several liability survives the divorce of the spouses even if the corresponding Divorce Decree states that one (1) of the spouses is solely responsible for any particular tax liability. Equitable Relief is applicable…
The Statute of Limitations for Collection, is a time limit, on the Internal Revenue Service (“IRS”), in which to collect delinquent taxes, from the taxpayer, for a particular tax year. In general, the IRS has ten (10) years, after the date of assessment, in which to collect. This ten (10) year deadline is referred to as the Collection Statute Expiration Date (“CSED”). …
If the taxpayer has delinquent Indiana taxes, then the Indiana Department of Revenue (“IN-DOR”) shall issue a Demand for Payment (“AR-40”). The taxpayer has twenty (20) days, from the date, of the AR-40, to full pay the delinquent taxes or to show reasonable cause for not paying. If, after the twenty (20) day time period, the taxpayer fails to pay…
A Certificate of Release of Federal Tax Lien (“Release”) is a public notice that indicates that the tax liability is no longer owed. However, the Release does not remove reference to the filing, of the corresponding Notice of Federal Tax Lien (“NFTL”), from the public record. Consequently, even though the tax liability has been resolved and the Release has been obtained, a third (3rd) party…
If the Indiana Department of Revenue (“IN-DOR”) reasonably believes that the taxpayer has not reported the proper amount of tax due, then, based on the best information available, it shall make a proposed assessment, of the amount, of the unpaid tax, and issue a Notice of Proposed Assessment (“AR-80”). The taxpayer may challenge the AR-80, by filing a written protest (“Protest”),…
When spouses file a joint tax return, each spouse is responsible for the entire tax liability. This is referred to as joint and several liability. Joint and several liability survives the divorce of the spouses even if the corresponding Divorce Decree states that one (1) of the spouses is solely responsible for any particular tax liability. Injured Spouse Relief is available…
As soon as practicable after a tax return is filed, the Illinois Department of Revenue (“IL-DOR”) shall examine the tax return to determine the correct amount of tax. If the IL-DOR finds that the amount of tax shown on the tax return is less than the correct amount, then a Notice of Deficiency (“NOD”), which shall set forth the amount…