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Message
Unfiled Tax question
Posted on 8/16/15 at 9:59 pm
Posted on 8/16/15 at 9:59 pm
A member of my family just passed away and hasn't filed taxes in 13+ years but in 10 of those years they have always withheld more taxes than they needed to. (Single and none) the other 3 years they paid no taxes and racked up a hefty tax bill of 150k. From what I understand the IRS cannot Garnish his life insurance policy (no beneficiary) nor the deceased 401k with a beneficiary, is this correct? Can the force us to sell possessions (vehicles, atvs and such) to repay theses taxes or is there a way around it? Also, is it possible to transfer LSU season tickets to someone? If so, how? TIA
Posted on 8/16/15 at 11:12 pm to Squints 3410
I would google "tax attorney" for you, but I don't want to be held responsible for the search results
Posted on 8/17/15 at 7:47 am to Squints 3410
Do you have an attorney assisting with probate for the estate? He should have informed you about fiduciary and transferee tax liability for decedent's estates. I recommend you consult with a tax attorney (you might need more help with the probate issues than CPAs can reasonably provide) who has experience dealing with estates and unfiled tax return issues. You want to get returns filed for all years possible, and you want to get it done as quickly as possible. Filing returns can seriously reduce the amounts that the IRS is trying to collect.
The estate is not going to get out of this cheaply. The professional fees will be worth it though.
The estate is not going to get out of this cheaply. The professional fees will be worth it though.
Posted on 8/17/15 at 8:37 am to Poodlebrain
that's what I was thinking, just not looking forward to filing 13 years of taxes.
Posted on 8/17/15 at 8:54 am to Squints 3410
quote:
Also, is it possible to transfer LSU season tickets to someone?
Pretty sure it has to be an immediate family member. Call the LSU ticket office. (225) 578-2184
Posted on 8/17/15 at 9:30 am to Squints 3410
You likely won't have to file more than about 7 returns. There is no point to filing returns for years in which there was an overpayment, and the statute for getting a refund has expired. You need to file for each of the years the IRS determined there is tax owed in order to minimize the amount of tax, and you need to file returns for all years with overpayments eligible for refunds in order to get as much of the estate's money back as possible.
Posted on 8/17/15 at 9:43 am to Squints 3410
Poodle pretty much nailed the answer, so I'll just chime in an reinforce that you are going to want professional assistance with this one. Also, you said they were withheld single, just making sure that the person was indeed not married for the years at issue.
Hope y'all haven't spend the inheritance yet!!! =)
Hope y'all haven't spend the inheritance yet!!! =)
Posted on 8/17/15 at 2:38 pm to LSUFanHouston
As of right now, life insurance and 401k didn't go into the estate therefore the IRS cannot though those, is this correct? Since the vehicles and such had no beneficiary they go to the estate, which the IRS CAN touch. If my understanding is correct and the possessions are only worth approx 50k do you think it would be worth it to try and resolve this issue or should we chance it? My relative was not married btw.
Any recommendations on tax attorneys around BR? Thanks again
Any recommendations on tax attorneys around BR? Thanks again
Posted on 8/17/15 at 3:26 pm to Squints 3410
Regardless of the tax issues, you will have to open a succession in order to dispose of the titled property (car, truck) or real estate. Plus, if the life insurance policy truly had no beneficiary designated, then it is part of the estate as well. It becomes even more complicated if there WAS a beneficiary who is now deceased (but was never removed as designee).
So there is no avoiding professional assistance in this matter...
So there is no avoiding professional assistance in this matter...
Posted on 8/17/15 at 4:56 pm to Squints 3410
What happens to the retirement and life insurance monies depends on how the beneficiary was titled.
The decision on whether or not to try to go before the IRS is not one that I or anyone else competent can make without a full review of the facts. Part of that decision is what enforcement action the IRS has taken to date, if any.
I don't have any tax attorneys I've worked with enough in BR to offer a rec, I'll defer to Poodlebrain on that one if he's still listening. If you are willing to work with a New Orleans attorney, I have a couple I can recommend to you.
The decision on whether or not to try to go before the IRS is not one that I or anyone else competent can make without a full review of the facts. Part of that decision is what enforcement action the IRS has taken to date, if any.
I don't have any tax attorneys I've worked with enough in BR to offer a rec, I'll defer to Poodlebrain on that one if he's still listening. If you are willing to work with a New Orleans attorney, I have a couple I can recommend to you.
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