Can the state go after your house if sales and use tax are unpaid from a business?

I owe sales and use tax from a business that is no longer going. I know the taxes have to be paid, but can they go after you house also.

Madison, CT -

Attorney Answers (2)

Byron M.G. Sanford

Byron M.G. Sanford

Business Attorney - Alpharetta, GA
Answered

In many states, business owners are personally liable for unpaid sales and use taxes. As such, it is possible for the state to attempt to collect these taxes directly from the owners of the business, even if the business is no longer open. The actions taken by states can include filing law suits against the business owners and placing liens upon the property of those business owners.

Because laws vary from state to state, it is best to consult with an attorney licensed to practice law were you live to get more specific answers applicable to your particular circumstances.

Henry Daniel Lively

Henry Daniel Lively

Tax Lawyer - Newport Beach, CA
Answered

Typically, states hold business owners that close down their businesses personally liable for fiduciary type taxes. These are taxes that you collected on behalf of the state, but did not remit them. An example would be payroll and sales taxes. You should hire a tax professional in your area to assist you with this matter to determine if you are personally liable, and how they may be able to limit this liability.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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