I HAVE A STATE TAX LIEN AGAINST MY CLOSED BUSINESS, AM I ABLE TO OPEN A NEW BUSINESS IF I HAVE A STATE TAX LIEN AGAINST ME?

Asked over 1 year ago - Alpharetta, GA

IF I MAKE A PAYMENT ARRANGEMENT WITH THE GA DEPT OF REVENUE, WILL I BE THEN ALLOWED TO OPEN A NEW BUSINESS IN GA? OR DOES THE STATE TAX LIEN HAVE TO BE PAID IN FULL BEFORE I AM ALLOWED TO OPEN A NEW BUSINESS.

Attorney answers (1)

  1. Richard Gordon Stack

    Contributor Level 13

    1

    Lawyer agrees

    Answered . There may be a requirement in Georgia for you to pay the taxes owed by your prior business before you can duly register a new business locally or with the Georgia Secretary of State. To obtain a specific answer to that question, you will have to consult local counsel familiar with Georgia's tax laws.

    Another thing to consider is that if you open a new business which is merely a continuation of the prior business that incurred tax liabilities (i.e., same type of business, same location, same principals, same customers, etc.), it could be held liable for the delinquent taxes under a successor business theory of liability.

    The answer to this question does not establish an attorney-client relationship. Moreover, this attorney is... more

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