top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Property tax question: california

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Property tax question: california

    Can anyone tell me if an unsecured property tax, also known as a transfer tax or an escape tax or known as a supplementary real property tax is able to be discharged? This is a tax associated with the transfer of real property and are considered the personal liability of the person who owned the home at the time the tax bill was assessed by the county in which the house was owned. Its very complicated and its not a tax which was or is associated with the sale of the home in terms of being secured by the property to pay this off. This tax is one which the county is holding me liable for and will not negotiate or take payments for and I was not even aware of this til several years after the tax bills were put on the unsecured roll. My attorney says bankruptcy will take care of this debt but I am not sure. Other attorneys say it wont dismiss the taxes,and most are just unfamiliar with this situation all together. The tax assessor says the only way to get rid of it is through payment or siezure of my property, meaning my car. The houses in question have been forclosed on. Also I am on disability and he says he can take that as well if they want to. I am really stressed out and have not been able to get much help from anyone. Please let me know if you have any ideas or are familiar with this situation.


    Thank you, Debbie

    PS the case in question is in san diego if that matters.

    #2
    Originally posted by Babybear View Post
    Can anyone tell me if an unsecured property tax, also known as a transfer tax or an escape tax or known as a supplementary real property tax is able to be discharged? I was not even aware of this til several years after the tax bills were put on the unsecured roll. My attorney says bankruptcy will take care of this debt but I am not sure.
    Generally speaking, I've read that you can discharge this type of tax if it was due before you filed AND if it's been more than a year since you could make a payment without penalty. If these two timing requirements are met, the tax debt loses its "priority" status and becomes dischargeable. It's described in 11 USC ยง 507(a)(8). But I've also read that tax issues in bankruptcy are complicated so if I were you, I would seek a bankruptcy attorney with a sub-specialty in tax issues.
    Last edited by debee; 02-06-2011, 08:56 PM.
    There are two secrets for success in life:
    1.) Never tell everything you know.

    Comment

    bottom Ad Widget

    Collapse
    Working...
    X