We failed to appeal 'offer in compromise' in time. BOE sent us 'notice of levy' and took money from bank. Can I still re-appeal?

Asked in Los Angeles, CA - 8 months

We owe sales tax at BOE for a failed business from while back. We're personally liable for the unpaid sales tax and tried to file Offer in Compromise, but was denied (offer amount may have been too little) so we were about to file appeal with slightly bigger offer amount, however, we must have not filed appeal on time, and BOE has already sent me 'notice of levy' and they've took $100 out of our bank (that's all we had). We don't have assets (only 2 old cars that we need to keep current low paying job or to go to hospital ( i have asthma and diabetes)) and are far below federal poverty income line. We are planning to file chpt. 7 bankruptcy but wondering if that will dissolve this BOE debt and levy. We also have debt with IRS on the business tax as well. Not sure what to do.

Attorney Answers (2)

Michael Raymond Daymude

Sherman Oaks Litigation Lawyer

Licensed in CA

2

1

Answered 8 months ago. A BK will not discharge taxes owed to the BOE for sales tax. Depending on many factors a Chapter 7 BK may reduce or eliminate your IRS tax debt. Hopefully, you have filed all your income tax returns timely. If so, generally income taxes that are older than 3 years may be discharged in a Chapter 7 but there are several technical requirements that must be met.

You should immediately and personally consult with a BK lawyer. However, before that consultation will be useful you will need to gather up all available information regarding your debts and income, especially as it relates to your IRS issues, so it can be reviewed and considered as part of your consultation.

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Austen Christian Na

Atlanta Tax Lawyer

2

0

Answered 8 months ago. If the primary reason for contemplating bankruptcy is to discharge your federal tax liability then bankruptcy would not be the best solution. Bankruptcy cannot discharge certain types of taxes. Nondischargeable taxes in bankruptcy include excise tax such as sales tax.

Nondischargeable excise taxes that are claimed by a governmental unit must relate to transactions for which a tax return is last due:
(1) If a tax return is required to be filed then the excise taxes are not dischargeable if they are within three years from when the return is due (plus extension of due date for the return) before filing a bankruptcy petition.
(2) If a tax return is not required to be filed then excise taxes are not dischargeable if they arise from transactions that occurred within three years before filing a bankruptcy petition.

Regarding your business taxes, you have to elaborate on what specific type of taxes are your business taxes. Certain business taxes such as employment taxes are also not dischargeable in bankruptcy.

You should consult a tax attorney to attempt another offer in compromise or try an installment plan. Currently not collectible status is also another temporary solution where the Internal Revenue Service will suspend their collection actions against you because of your financial situation. This allows you time to decide on your best options.

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