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Debt owed to Board of Equalization
John:
Please don't do that. We'll not be able to run Leslie's 5K!
D
Sent from my iPhone
On May 1, 2013, at 3:18 PM, "John D. Faucher" wrote:
> What he said.
> Except that I haven't run across an "exercise tax" in the Code; I must call my old colleagues at IRS to let them know that they have not put their jackboot on all taxable activity yet.
>
> John D. Faucher
> Faucher & Associates
> 818/889-8080
>
>
> On Wed, May 1, 2013 at 2:27 PM, axel richter wrote:
>>
>> Did your client file a sales tax return for this 10year old debt? I just worked on a settlement for a client who had failed to file a tax return on his
>> tax debt from 2009, debt not dischargeable unless sales tax return was filed, similar issue as with IRS, call me if any questions (310-302-0069)
>> as a general rule:
>> Courts have held that CA sales tax is an exercise tax (dischargeable if over 3 years old pursuant to 11 USc 507(a)(8)(E). It is also a tax based on gross revenue and therfore similar to personal income tax., pursunt to 11 USC 507 (a)(8)(A)
>> also see In re Raimon:
>> .....recent due date for the sales tax return is over 3 years old before the BK filing date, including any extensions given (Tax Code 6459); tax was assessed at least 240 days prior BK filing, sales tax return was filed at least 2 years before BK filing,
>>
>> if your clients tax liability came due to a Corporate Officers perssonal liability on owed corporate sales taxes upon disolving a corporation, then the the corporate officer must file a personal sales tax return upon the BOE assessment of the corporate sales taxes owed by the disolved corporation, and above filing rules apply for dischargebility, (tax code 6829 authority of BOE to assess personal liability)
>> To: cdcbaa@yahoogroups.com
>> Sent: Wednesday, May 1, 2013 12:17 PM
>> Subject: Re: [cdcbaa] Debt owed to Board of Equalization
>>
>> BOE debt is almost always sales tax. Is it sales tax he owes personally, or as the result of owning a company that owed it? Read Ilko, 651 F3d 1049. While this is not a trust fund tax in California, its dischargeability is subject to a very narrow set of rules, and it's highly unlikely to be dischargeable if it is an obligation based on a corporation's liability.
>> John D. Faucher
>> Faucher & Associates
>> 818/889-8080
>> On Wed, May 1, 2013 at 8:52 AM, sbombalier wrote:
>>
>> Good morning I have a client with debt to the BOE dating back 10 years, most interest and penalties. Would this be a dischargeable debt? I believe it is but just wanted to confirm with the rest of the group.As always, I value your advice.Silvia
>
>
The post was migrated from Yahoo.
What he said.
Except that I haven't run across an "exercise tax" in the Code; I must call
my old colleagues at IRS to let them know that they have not put their
jackboot on all taxable activity yet.
John D. Faucher
Faucher & Associates
*818/889-8080*
On Wed, May 1, 2013 at 2:27 PM, axel richter wrote:
> **
>
>
> Did your client file a sales tax return for this 10year old debt? I just
> worked on a settlement for a client who had failed to file a tax return on
> his
> tax debt from 2009, debt not dischargeable unless sales tax return was
> filed, similar issue as with IRS, call me if any questions (310-302-0069)
> as a general rule:
> Courts have held that CA sales tax is an exercise tax (dischargeable if
> over 3 years old pursuant to 11 USc 507(a)(8)(E). It is also a tax based on
> gross revenue and therfore similar to personal income tax., pursunt to 11
> USC 507 (a)(8)(A)
> also see In re Raimon:
> .....recent due date for the sales tax return is over 3 years old before
> the BK filing date, including any extensions given (Tax Code 6459); tax was
> assessed at least 240 days prior BK filing, sales tax return was filed at
> least 2 years before BK filing,
>
> if your clients tax liability came due to a Corporate Officers perssonal
> liability on owed corporate sales taxes upon disolving a corporation, then
> the the corporate officer must file a personal sales tax return upon the
> BOE assessment of the corporate sales taxes owed by the disolved
> corporation, and above filing rules apply for dischargebility, (tax code
> 6829 authority of BOE to assess personal liability)
> *From:* John D. Faucher
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Wednesday, May 1, 2013 12:17 PM
> *Subject:* Re: [cdcbaa] Debt owed to Board of Equalization
>
> BOE debt is almost always sales tax. Is it sales tax he owes
> personally, or as the result of owning a company that owed it? Read Ilko,
> 651 F3d 1049. While this is not a trust fund tax in California, its
> dischargeability is subject to a very narrow set of rules, and it's highly
> unlikely to be dischargeable if it is an obligation based on a
> corporation's liability.
> John D. Faucher
> Faucher & Associates
> *818/889-8080*
> On Wed, May 1, 2013 at 8:52 AM, sbombalier wrote:
>
> **
>
> Good morning ****I have a client with debt to the BOE dating back 10
> years, most interest and penalties. Would this be a dischargeable debt? I
> believe it is but just wanted to confirm with the rest of the group.****As
> always, I value your advice.****Silvia****
>
>
>
What he said.
Except that I haven't run across an "exercise tax" in the Code; I must call my old colleagues at IRS to let them know that they have not put their jackboot on all taxable activity yet.
The post was migrated from Yahoo.
Did your client file a sales tax return for this 10year old debt? I just worked on a settlement for a client who had failed to file a tax return on his
tax debt from 2009, debt not dischargeable unless sales tax return was filed, similar issue as with IRS, call me if any questions (310-302-0069)
as a general rule:
Courts have held that CA sales tax is an exercise tax (dischargeable if over 3 years old pursuant to 11 USc 507(a)(8)(E). It is also a tax based on gross revenue and therfore similar to personal income tax., pursunt to 11 USC 507 (a)(8)(A)
also see In re Raimon:
.....recent due date for the sales tax return is over 3 years old before the BK filing date, including any extensions given (Tax Code 6459); tax was assessed at least 240 days prior BK filing, sales tax return was filed at least 2 years before BK filing,
if your clients tax liability came due to a Corporate Officers perssonal liability on owed corporate sales taxes upon disolving a corporation, then the the corporate officer must file a personal sales tax return upon the BOE assessment of the corporate sales taxes owed by the disolved corporation, and above filing rules apply for dischargebility, (tax code 6829 authority of BOE to assess personal liability)
________________________________
To: cdcbaa@yahoogroups.com
Sent: Wednesday, May 1, 2013 12:17 PM
Subject: Re: [cdcbaa] Debt owed to Board of Equalization
BOE debt is almost always sales tax. Is it sales tax he owes personally, or as the result of owning a company that owed it? Read Ilko, 651 F3d 1049. While this is not a trust fund tax in California, its dischargeability is subject to a very narrow set of rules, and it's highly unlikely to be dischargeable if it is an obligation based on a corporation's liability.
John D. Faucher
Faucher & Associates
818/889-8080
On Wed, May 1, 2013 at 8:52 AM, sbombalier wrote:
>Good morning I have a client with debt to the BOE dating back 10 years, most interest and penalties. Would this be a dischargeable debt? I believe it is but just wanted to confirm with the rest of the group.As always, I value your advice.Silvia
The post was migrated from Yahoo.
BOE debt is almost always sales tax. Is it sales tax he owes personally,
or as the result of owning a company that owed it? Read Ilko, 651 F3d
1049. While this is not a trust fund tax in California, its
dischargeability is subject to a very narrow set of rules, and it's highly
unlikely to be dischargeable if it is an obligation based on a
corporation's liability.
John D. Faucher
Faucher & Associates
*818/889-8080*
On Wed, May 1, 2013 at 8:52 AM, sbombalier wrote:
> **
>
>
> Good morning
>
> I have a client with debt to the BOE dating back 10 years, most interest
> and penalties. Would this be a dischargeable debt? I believe it is but just
> wanted to confirm with the rest of the group.
>
> As always, I value your advice.
>
> Silvia
>
>
>
BOE debt is almost always sales tax. Is it sales tax he owes personally, or as the result of owning a company that owed it? Read Ilko, 651 F3d 1049. While this is not a trust fund tax in California, its dischargeability is subject to a very narrow set of rules, and it's highly unlikely to be dischargeable if it is an obligation based on a corporation's liability.
John D. Faucher
Faucher & Associates818/889-8080
On Wed, May 1, 2013 at 8:52 AM, sbombalier <bombalier@aol.com> wrote:
Good morning
I have a client with debt to the BOE dating back 10 years, most interest and penalties. Would this be a dischargeable debt? I believe it is but just wanted to confirm with the rest of the group.
As always, I value your advice.
Silvia
The post was migrated from Yahoo.
Good morning
I have a client with debt to the BOE dating back 10 years, most interest and penalties. Would this be a dischargeable debt? I believe it is but just wanted to confirm with the rest of the group.
As always, I value your advice.
Silvia
The post was migrated from Yahoo.