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Personally applied unemployment insurance taxes after business failure

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  • Personally applied unemployment insurance taxes after business failure

    DH had a business fail in 2009 ... the business had unpaid unemployment insurance taxes. Filed personal bk in Oct 09 and and were discharged June 30th 2010.

    State of Wisconsin sent a letter and applied some of the taxes personally to dh while we were in bk ... dh talked to them/told them about the bk and we haven't heard anything since. How long should we expect to not hear anything? Do they EVER just "let it go" and not pursue it? (I know, probably wishful thinking on my part.)

    Also, when we do hear something, how does the negotiation for an offer in compromise for taxes go? What percent of the amount owed will they settle on? I'm assuming we'll need a tax attorney for this. Thanks for any information you can provide.

    In addition, since Wisconsin is one of the states where a spouse's debt can be collected from the spouse not responsible for it (not sure of the exact term), does this apply for personally applied taxes from the business? My name was not on the business.

  • #2
    It's hard to know and no one seems to be able to give anyone a set percentage that WI would be willing to accept.

    After letter and phone call, did they indicate they will be following up with you?

    Have you had a free consultation with a business bankruptcy attorney? If not, I would call around and talk or meet with a few people. They ought to be able to give you some free advice that allows you to get a feel for them, should something happen in the future and you need to hire one of them to help you out.

    Not much but hope it helps.

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    • #3
      Last conversation dh had with them back in March or so, he informed the person that the personal bk had been filed ... she said something to the effect that it would be passed on to the legal department. There was nothing about them being back in touch or actively attempting to collect on the taxes.

      However, dh's business partner is now getting letters from them about it and he hadn't received anything before now. His bk was discharged in January 2010. Our bk was just recently discharged. The business partner is currently working with them on trying to get the 2009 payroll taxes deducted from the total amount of back taxes due. They were paid for the portion of 2009 when the business was up and running, but for some reason, state of Wisconsin has those taxes reflected on the current amount owed, along with previous taxes that actually were unpaid.

      Thanks for the answer to my question. We are very happy to move forward with our lives since the bk has been discharged, but this will remain in the back of our minds until we hear something...

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