Experienced IRS & NY tax attorney Charles Rosselli gives you valuable tips and strategies so that you do not get taxing advantage of by the IRS, NY Tax Department or a so-called tax resolution firm.
What is a NYS Tax Warrant?
A NYS tax warrant is a judgment against you that is filed by either New York State or NYC as a result of back taxes that you owe [ income tax, sales tax, or withholding taxes].
A tax warrant begins highly aggressive NYS enforcement tactics [ see below ].
Whether you owe taxes to New York State or NYC, New York State will enforce the tax warrant under the tax law.
"What if I just ignore the tax warrant, nothing has happened yet. Maybe NYS just forgot about me and I will continue to ignore the letters"?
The NYS Tax Department is highly aggressive when it comes to enforcement.
Actually, NYS is one of the most aggressive taxing authorities in the nation.
What a NY Tax Warrant Means to Your Life
Your bank account will be drained.
Your driver's license will be suspended.
Your wages will be garnished.
Interest and penalties [compounded daily].
Assets seized.
Inability to buy to sell a home.
Inability to get a loan of any kind.
A NYS tax agent will come to your home.
Losing your job if it requires a license
The tax warrant becomes a matter of public record and is easily accessible by title searchers; credit reporting agencies; and potential employers.
When your tax liability becomes due and owing, the deficiency is “assessed” against you.
The filing of your tax return creates the assessment of the tax.
If you fail to file a tax return, New York State may still assess a tax liability against you based upon based upon income records [ the IRS and the NYS Tax Department share your tax information].
Collection action begins with a notice of deficiency if you owe New York State income tax or a notice of determination if you owe sales and use tax.
The notice of deficiency as well as the tax warrant will be sent to your last known address.
The amount shown in the notice of deficiency or determination will be assessed against you unless you file for a hearing within 90 days from receipt of the notice.
If you fail to file for a hearing to dispute the assessment, New York State may issue a tax warrant for the amount indicated in the notice.
Steps to issuing a tax warrant
Before the NYS tax warrant is issued, you received a Notice and Demand for Payment to your last know address.
You had 21 days to pay the amount due and owing.
The Notice of Demand for Payment was not responded to.
The New York State Department of Taxation and Finance issued a tax warrant.
A tax warrant is a powerful legal tool as it allows an authorized New York State tax agent to take your bank account, income, and sell your real and personal property.
The NYS tax warrant was then recorded at the county clerk’s office in the county in which you live or own real estate and is also filed with the Department of State.
The county clerk will file ( also known as “docketing”) the lien against you, along with penalties and interest [ compounding daily ].
The tax warrant legally creates a lien against any personal property as well as real estate that you own once it is recorded in the county clerk’s office.
You will be unable to sell any property without first paying the tax liability that is owed.
How long does NYS have to collect?
A very long time.
The New York State Department of Taxation and Finance has 20 years from the date that the tax warrant [ not 20 years from the date of the tax liability ]was filed to collect on the tax liability.
In other words, the NYS Tax Department has a very long time and will continue to chase you into retirement and into other states if you move.
Does NY have to go to Court to seize my property?
No.
Once the tax warrant has been docketed (filed) at the county clerk’s office, the New York State employee may begin legal enforcement action against you.
A court proceeding is not necessary to collect the back tax liability that has been assessed against you, along with penalties and interest.
Will moving out of NY help me?
No.
Under the Full Faith and Credit Clause of the United States Constitution ( Article IV, Section 1), other states are legally obligated to respect the judicial records and proceedings of other states.
In other words, the NYS tax warrant will follow you to any other state where you live and the state in which you now live will enforce the warrant against you.
What Can the NYS Tax Department Do?
Income Execution : Your wages will be garnished until such time that the tax liability is satisfied.
Bank Levy: Your bank account or bank accounts will be seized up to the amount of your back tax liability, including penalties and interest [compounding daily].
Driver’s License Suspension : Owe over $10,000 your New York State driver’s license will be suspended.
Sale & Seizure :New York State has the authority to seize real and personal property that you own.
NYS Tax Agent Assigned: A NYS Tax Agent will come to your home to harass you. At times, they also begin asking your neighbors about your whereabouts.
If you been lucky enough to avoid the above remedies to date, it is only a matter of time.
The New York State Department of Taxation and Finance is one of the most efficient and highly aggressive taxing authorities in the nation.
Solving Your NYS Tax Warrant Problem [ the first step ]
You received or have been made aware of a NY tax warrant.
If you ignore the problem, it will only get more expensive over time [ interest and penalties compounded every day].
The NYS Tax Department is highly aggressive. A tax warrant began the enforcement clock.
If you need your bank account or income to pay your living expenses, the NYS Tax Department will continue to levy or garnish you until every dollar is collected, including penalties and interest.
The NYS Tax Department will continue to squeeze you.
If we can assist you, we will start the process of stop enforcement action against you and solving your tax problems.
Stop procrastinating with your tax problems.
Tax problems only get worse over time.
After years of fear and suffering with unfiled income tax returns and back taxes, I was already so discouraged about my IRS and NY tax situation and now I felt like my accountant was just sitting on his hands. I reached out to the Tax Problem Law Center and they quickly put together a plan on how to fix the issues. The Tax Problem Law Center fees were affordable; they filed all my back income tax returns, and I liked that they did not charge by the hour. More importantly, the tax attorneys addressed my concerns with kindness and a wealth of knowledge. They were always quick to respond by email or a call, to follow up as needed and they did everything they said they would. I would recommend them in a heartbeat. My family is in a much better place, thank you!
Frank Oren
I did some research online and found the Tax Problem Law Center to help me settle an old outstanding tax matters with the IRS and New York. I liked that tax attorney Charles Rosselli spoke to me instead of an assistant or junior attorney as when I spoke to another tax law firm on Long Island. The Tax Problem Law Center is highly competent but also very honest. Tax attorney Charles Rosselli truly made it quite easy and uncomplicated as they handled every part of the process and kept updated every step of the way. I now have monthly payments which I can afford and no further worries from the IRS and the NYS Tax Department. I highly recommend the Tax Problem Law Center.
John Banaf
I came to the Tax Problem Law Center with 5 years of unfiled tax returns and owing back taxes.. Thanks to a close friend I decided to call the Tax Problem Law Center. It changed my life… the IRS scares me and I procrastinated for sure , but tax attorney Charles Rosselli at the Tax Problem Law center had a calm approach. He explained things to me in a way I was able to fully understand. He gave me options and advised me as to the best way to resolve the tax problem. I can't recommend them enough if you owe back taxes or have unfiled tax returns.
Janice Schmit
All I can say is thank God I hired this attorney. I was hit with a tax warrant from NY after purchasing a home. The tax amount due went from $117,000 to ZERO. I only had attorney fees and well worth it. He is a damn good lawyer and worth every penny. I live out of state, and he handled everything for me from day one. Don't have any hesitations, he is an excellent tax attorney. Thank you again!!! You are a life saver!
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I had a tax problem with the State of New York. Mr. Charles Rosselli was incredibly honest and helpful. Great tax attorney and I really appreciate all that he did for me.
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Fantastic IRS & NY tax attorney for serious tax problems like me! The Tax Problem Law Center and tax attorney Charles Rosselli - the go-to tax lawyers on Long Island
Mali Patel
One of the best law firms I've ever dealt with. They offer top level services at affordable prices. The NYS Tax Division pursued me for years with the amount increasing more than 5 fold to over $100,000. Charles Rosselli was able to patiently and effectively communicate that it was economically beneficial for all parties to agree to settle the case. Every tax case is different and results will vary according to the entire set of circumstances. However, you can be assured that with Tax Problem Law Center I believe you will receive the best maximum outcome warranted for your particular tax problem.
Ronald Rafaloff
The attorney was very efficient, clear, and resolved our matter quickly. We were at the end of our rope trying to get in touch with the IRS to get clarification at what was going on with our taxes. To get a live person from the IRS on the phone was impossible. We have a sense of great relief now that it is over. They are very honest and willing to work with you to resolved all matters.
Joann Roche
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Jolande Broens
Charles Rosselli kept my tax matters from getting out of hand. He’s not a magician but he will definitely try his best to save you money on penalties and interest, which he did with my case. Not only did he do but he also negotiated my final assessment which I was very pleased with.
Vernel Blanche
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JF
Thank you so much Charles for helping me through this tax situation. I was very worried but luckily found someone who took control and brought it to a great conclusion . truly appreciate your help . Anyone with tax issues looking for a lawyer he's your guy.
Ida Savello
Searching online for a specialized lawyer on taxes for days I finally came across the Tax Problem Law Center. Set up a brief call with Charles Rosselli and explained my situation…NYS claiming I owed almost $400,000 in sales tax liabilities is quite frightening and stressful. Many sleepless nights!! Going with my gut instinct after our first call I retained Mr: Rosselli’s services. Boy did I ever make the right decision, life changing… Mr: Rosselli and team were great guiding me through this ordeal, attentive and very honest with expectations. Long story short, he negotiated a settlement of $7,000!!! I can't thank the Tax Problem Law Center enough for all they did for me and would highly recommend. Thank You Charles Rosselli and team.
David Lee
Charles helped me through the most stressful, nerve-wracking experience of my life, and was courteous, honest, & professional the whole way through. 100% worth every penny and I'd recommend him to anyone.
Brian Wright
I had some issues with my company not being closed out properly which lead to other issues but Charles Rosselli at Tax Problem Law Center, helped me out very much. Very professional. Whenever I had questions or issues answered in a way that i was able to understand. In the future if I ever need a tax help I will be contacting them again.
Curtis Lloyd
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Amalia Anderson
Everything was explained to me clearly and precisely. All my questions were answered regarding my unique situation with confidence and accuracy. I am grateful that the office was able to negotiate with NYS on my behalf. After several years of frustration I now have a resolution and can move forward.
Paul Donelan
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Charles Rosselli at the Tax Problem Law Center was extremely helpful and caring. There was great communication and he was always available. You’ll be in great hands.
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My experience with the Tax Problem Law Center and Charles Rosselli has been an excellent one. I had tried solving my tax issues with another lawyer and, after paying a lot of money that lawyer went missing in action. Charles has been extremely helpful, knowledgeable and efficient in dealing with my tax issue. His office is run extremely well, which makes it easier for clients to contact, submit documents, schedule appointments and so on. Best of all, he gets results.
George Cruz Deschamps
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Gregory Pavlidis
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