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NJ income Tax Lien question

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  • NJ income Tax Lien question

    I have a NJ income tax lien on my credit report, date filed 07/2005, $2009.

    I believe this may be from 2003 which I don't think I filed, so it won't be discharged in my C7 BK.

    My question is: How do I get information on where I stand with this lien? The only correspondence I get from the state is a notice saying my refund (every year) has been applied elsewhere. I have no idea about additional penalties, interest, or how my applied refunds have had an effect.

    Looking forward to post-BK and cleaning up my residual debt and Credit Report, I am trying to find out what I will have to do about this. I have called various numbers and I either get a voicemail (calls never returned) or the lines keep ringing and eventually disconnect. I've written emails that are not answered.

    If anyone has any advice or experience with this, it is most appreciated.

  • #2
    a quick search yield this info....i'm thinking state taxes would be included.

    "In Chapter 7 bankruptcy, the court erases an obligation to pay most or all debts. However, some debts are "non-dischargeable." Income taxes can be discharged in a Chapter 7 bankruptcy but only if all of the following tax code rules are met:

    1. The 3-Year Rule: The tax return on which the tax debt arises must have been due at least three years before you file for bankruptcy. This usually means April 15 of the year the return was due. If an extension was filed, then it means August 15 or October 15 of that year, or beyond to the actual filing date. If the 15th falls on a Saturday or Sunday, the return wasn't due until the following Monday.


    2. The 2-Year Rule: The tax return was filed at least two years before the bankruptcy (having the IRS file a substitute for return doesn't count).


    3. The 240-Day Rule: The taxes were assessed by the IRS at least 240 days before filing.


    4. Lack of Fraud/Willful Evasion: There was not a fraudulent tax return or a willful attempt to evade paying taxes.


    5. Income Taxes Only: Taxes other than income, such as payroll taxes, a 100% penalty, Trust Fund Recovery penalty, fraud penalties, or several other unusual types of taxes are by law excepted from bankruptcy discharge.

    pj, you are filing federal and NOT state correct????
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


    • #3
      If I understand your question, 2003 is the only year NOT filed, Fed and State.

      I owe back taxes to the IRS for 2003, 2009, 2010. (2009 was the first time I was laid-off) The IRS has levied my Soc. Sec., so 2003 is almost paid. I'm OK with this, it is being paid, and I don't have to worry about a late payment. I have never called the IRS, but I will. Ya never know, they might just waive 'something.' At least I get statements from the IRS, and I know where I stand.

      It's just the state that will never go away until I do something, but can't figure out what to do.

      Edit: thank you for your help.


      • #4
        oh i meant are you filing in nj...your bk as "state" or "federal" exemptions for your bk? sorry, that was a bit confusing. i just know nj is a creditor friendly state, and many are best off since nj is one of the states you can chose one or the other most opt to file under the federal petition.

        it seems like most of your liens can be cleared, but i would check with your atty...and give him/her the above info and make certain all or some apply to you, which it certainly looks like it will!!!

        welcome! hope it was some help.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


        • #5
          I'm a no asset 7. Attorney is using Fed. Exemptions. None of my tax debt will be discharged, only credit card debt. My 11 yr. old car is paid for. I haven't seen my filing papers yet, scheduled for 8/15 when I will turn over the 'rest' of my soc. sec. deposit (what's left after the IRS deduct) to my lawyer.

          I still don't even know what I owe the state.


          • #6
            PJ, when you filed your Taxes did you use a CPA? If so he/she would be able to call for you. sammie
            Plan Completed 10 months early 09/24/2014 Discharged 11/04/2014

            Filed Ch 13 Aug. 2012 341 Meeting 09/12/2012 Confirmed 10/23/2012


            • #7
              Hi Sammie, nope, no CPA. Good 'ole online Turbotax.


              • #8
                Do you know an Acct. that could look at your filings for you?
                Plan Completed 10 months early 09/24/2014 Discharged 11/04/2014

                Filed Ch 13 Aug. 2012 341 Meeting 09/12/2012 Confirmed 10/23/2012


                • #9
                  Try snail mail. From the NJ Divsion of Taxation website:
                  If you are writing concerning a refund, Statement of Account or Billing Notice involving Gross Income Tax (individual and employer) but you do not have the Notice with its specific address, mail your correspondence to:

                  N.J. Division of Taxation
                  P.O. Box 046
                  Trenton, N.J. 08646-0046
                  That seems like the right address to use to request a Statement of Account.

                  Or, you could go to a regional office:

                  When you sent email, did you do it using this tool?:
                  LadyInTheRed is in the black!
                  Filed Chap 13 April 2010. Discharged May 2015.
                  $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


                  • #10
                    Yes, I believe I did use that tool at one point. Snail mail it is, I guess. I've tried everything else. I hope I'm not opening up a can of worms, but while my head is out of the sandbox, thought I'd try to deal with it.

                    Thanks, Lady.


                    • #11
                      Update. Just received an email (only took 2 months,). It looks like my state tax lien is from tax year 1997! I had no idea. I forwarded the info to my atty. I think this is good news. I thought I'd have to start paying it off to get rid of it.


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