If we were a,
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we were a,
Can a tax lien be filed on a home jointly owned if the business was not jointly owned and was also
Asked on February 16, 2018 under Business Law, South Carolina
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Certain tax debts will allow a lien to filed against an S corporation's owner (even against property he or she jointly owns with another, such as a jointly owned home, though only to the extent of the corporation's owners interest in or share of the home) or other collections efforts to be taken against the owner, not just the corportion. Those are the taxes denominated as "fiduciary" taxes, or where the corporation is collecting or remitting other persons' money, like sales tax or payroll tax. The law requires that some manager or owner be personally responsible for such taxes, so if there is a one-person-owned S corporation, the owner would be the responsible person and therefore personally liable on the taxes.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.