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Statute of limitations for collection of State of Ohio back taxes

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Legal surfer

Junior Member
What is the name of your state (only U.S. law)? Ohio

I was contacted by XXX< LLC. They were acting as a Special Counsel to collect State of Ohio back taxes.

I saw a blog on the Internet: https://meyersroman.com/ohio-tax-collection-rules-create-challenges-for-resolving-tax-claims/ entitled Ohio Tax Collection Rules Create Challenges for Resolving Tax Claims dated May 2016. The following is a quote from the blog:

&#8220;The Ohio Attorney General has seven years from the date of the assessment to file a law suit to collect the tax, such as filing a garnishment of a bank account, IRA or brokerage account, or conducting an examination of the taxpayer&#8217;s financial information by deposition. However, if the Ohio Attorney General fails to file a law suit to collect the tax within the seven year period, the Ohio Attorney General is time-barred from instituting any garnishment, foreclosure or other law suit to collect the unpaid tax.&#8221;

In addition, it said:

&#8220;From time to time, we have noticed that the Ohio Attorney General will send out collection notices for purportedly unpaid taxes, interest and penalties that are many years old, and in some cases, twenty or more years old. In these situations, our clients frequently have vague memories of the business or other circumstances that may have given rise to the tax liability and are unlikely to have records to determine the origin of the tax liability or whether the State&#8217;s claim is correct. In these cases, it is critical that the statute of limitations be considered in determining what collection authority the State has. The Ohio Attorney General in many cases refers tax claims to outside collection law firms who are referred to as &#8220;Special Counsel&#8221; for the State. Special Counsel has limited authority to negotiate on behalf of the State to settle tax claims. In most cases, Special Counsel will consider installment agreements. The State may not inform a taxpayer that a statute of limitations has expired at the time it is making a demand for payment unless the statute is raised by the taxpayer.&#8221;

I chatted with the State of Ohio at http://www.ohioattorneygeneral.gov/Business/Collections. I asked for a list of my assessments. They said to call Attorney XXs office. They will be able to provide a list of all of your assessments broken down.

I called them. They sent a list of assessments. Each assessment says &#8220;Warning !! SOL date expired: mm/dd/yy&#8221;. Each date is in the past.

I received a missive two days later. It said: &#8220;This office has been appointed as Special Counsel to the Ohio Attorney General and we have been assigned to collect this debt. We have written you previously regarding this account. We have still not received full payment, and you have not made satisfactory arrangements on your account. You can avoid any further collection efforts by mailing the full payment to the address listed below.&#8221;

I am unsure of my next move.
 
Last edited by a moderator:


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ohio

I was contacted by XXX< LLC. They were acting as a Special Counsel to collect State of Ohio back taxes.

I saw a blog on the Internet: https://meyersroman.com/ohio-tax-collection-rules-create-challenges-for-resolving-tax-claims/ entitled Ohio Tax Collection Rules Create Challenges for Resolving Tax Claims dated May 2016. The following is a quote from the blog:

“The Ohio Attorney General has seven years from the date of the assessment to file a law suit to collect the tax, such as filing a garnishment of a bank account, IRA or brokerage account, or conducting an examination of the taxpayer’s financial information by deposition. However, if the Ohio Attorney General fails to file a law suit to collect the tax within the seven year period, the Ohio Attorney General is time-barred from instituting any garnishment, foreclosure or other law suit to collect the unpaid tax.”

In addition, it said:

“From time to time, we have noticed that the Ohio Attorney General will send out collection notices for purportedly unpaid taxes, interest and penalties that are many years old, and in some cases, twenty or more years old. In these situations, our clients frequently have vague memories of the business or other circumstances that may have given rise to the tax liability and are unlikely to have records to determine the origin of the tax liability or whether the State’s claim is correct. In these cases, it is critical that the statute of limitations be considered in determining what collection authority the State has. The Ohio Attorney General in many cases refers tax claims to outside collection law firms who are referred to as “Special Counsel” for the State. Special Counsel has limited authority to negotiate on behalf of the State to settle tax claims. In most cases, Special Counsel will consider installment agreements. The State may not inform a taxpayer that a statute of limitations has expired at the time it is making a demand for payment unless the statute is raised by the taxpayer.”

I chatted with the State of Ohio at http://www.ohioattorneygeneral.gov/Business/Collections. I asked for a list of my assessments. They said to call Attorney XXs office. They will be able to provide a list of all of your assessments broken down.

I called them. They sent a list of assessments. Each assessment says “Warning !! SOL date expired: mm/dd/yy”. Each date is in the past.

I received a missive two days later. It said: “This office has been appointed as Special Counsel to the Ohio Attorney General and we have been assigned to collect this debt. We have written you previously regarding this account. We have still not received full payment, and you have not made satisfactory arrangements on your account. You can avoid any further collection efforts by mailing the full payment to the address listed below.”

I am unsure of my next move.
You respond by telling them that the debt is past the statute of limitations and therefore they cannot sue you or take any other kinds of actions against you for the debt.
 

Legal surfer

Junior Member
You respond by telling them that the debt is past the statute of limitations...
I left a message with my Account Resolution Specialist.

"The debt is past the statute of limitations and therefore you cannot sue me or take any other kinds of actions against me for the debt."

My Account Resolution Specialist replied with this message:

"Hi XXXX, it’s XXXX with XXXXXX (law firm name). I got your message last night with regard to the statute of limitations. I should’ve explained that to you. I’m sorry. I thought you were aware that only refers to the liens, and when the state can issue a lien against a tax debt. So if the lien had not been issued prior to that statute of limitation date, then the state cannot issue a lien. In this particular case, they had issued liens against all four tax assessments well before that statute of limitations date. I appreciate your concern on that, but that has nothing to do with the tax debt itself with regard to the statute of limitation date. The tax debt does not have a statute of limitation. That’s always collectible and always a debt that needs to be paid. So if you have any other questions, please just give me a call at XXX-XXX-XXXX."

I looked at each of the assessment dates and the statute of limitations dates. Each statute of limitations date is 7 years after the assessment date.

(As I said in my original post, each statute of limitations date is in the past.)

I reread the blog entry at https://meyersroman.com/ohio-tax-collection-rules-create-challenges-for-resolving-tax-claims/. (This is the same hyperlink that I included in my original post).

Both of them cannot be right. One of them is wrong.

I am unsure of my next move.
 

Zigner

Senior Member, Non-Attorney
I left a message with my Account Resolution Specialist.

"The debt is past the statute of limitations and therefore you cannot sue me or take any other kinds of actions against me for the debt."

My Account Resolution Specialist replied with this message:

"Hi XXXX, it’s XXXX with XXXXXX (law firm name). I got your message last night with regard to the statute of limitations. I should’ve explained that to you. I’m sorry. I thought you were aware that only refers to the liens, and when the state can issue a lien against a tax debt. So if the lien had not been issued prior to that statute of limitation date, then the state cannot issue a lien. In this particular case, they had issued liens against all four tax assessments well before that statute of limitations date. I appreciate your concern on that, but that has nothing to do with the tax debt itself with regard to the statute of limitation date. The tax debt does not have a statute of limitation. That’s always collectible and always a debt that needs to be paid. So if you have any other questions, please just give me a call at XXX-XXX-XXXX."

I looked at each of the assessment dates and the statute of limitations dates. Each statute of limitations date is 7 years after the assessment date.

(As I said in my original post, each statute of limitations date is in the past.)

I reread the blog entry at https://meyersroman.com/ohio-tax-collection-rules-create-challenges-for-resolving-tax-claims/. (This is the same hyperlink that I included in my original post).

Both of them cannot be right. One of them is wrong.

I am unsure of my next move.
They can still attempt to collect even if it's past the statute of limitations. They just can't take legal action.
 

LdiJ

Senior Member
I left a message with my Account Resolution Specialist.

"The debt is past the statute of limitations and therefore you cannot sue me or take any other kinds of actions against me for the debt."

My Account Resolution Specialist replied with this message:

"Hi XXXX, it&#8217;s XXXX with XXXXXX (law firm name). I got your message last night with regard to the statute of limitations. I should&#8217;ve explained that to you. I&#8217;m sorry. I thought you were aware that only refers to the liens, and when the state can issue a lien against a tax debt. So if the lien had not been issued prior to that statute of limitation date, then the state cannot issue a lien. In this particular case, they had issued liens against all four tax assessments well before that statute of limitations date. I appreciate your concern on that, but that has nothing to do with the tax debt itself with regard to the statute of limitation date. The tax debt does not have a statute of limitation. That&#8217;s always collectible and always a debt that needs to be paid. So if you have any other questions, please just give me a call at XXX-XXX-XXXX."

I looked at each of the assessment dates and the statute of limitations dates. Each statute of limitations date is 7 years after the assessment date.

(As I said in my original post, each statute of limitations date is in the past.)

I reread the blog entry at https://meyersroman.com/ohio-tax-collection-rules-create-challenges-for-resolving-tax-claims/. (This is the same hyperlink that I included in my original post).

Both of them cannot be right. One of them is wrong.

I am unsure of my next move.
You are going to want to get a consult with an OH tax attorney. You might start with a tax professional in a local office just to see what insight they have to offer, but I suspect that you are going to need an opinion from an actual tax attorney. Many CPA firms have tax attorneys on staff as well.
 

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