New York State Tax Warrant Attorney

Tax situations sometimes arise from things that are not our fault and mistakes that were made as a part of a learning process. You failed to pay the correct amount and owe the government money for personal and business taxes.

A tax warrant is when officials from the state are imposing a lien on any property, assets, bank accounts, and wages. The state will obtain a tax warrant to go after all of these amounts owed to collect the money you owe them.

You are not sure where to go for help or what these actions mean. All you know is that you owe back taxes and need assistance to figure out what is happening. The New York tax warrant attorney works with you to address these situations. We use our knowledge and experience to help you to get your tax warrants removed.

Contact Timothy S. Hart today at (518) 213-3445 (Albany) or (917) 382-5142 (New York City). These are complex situations and you need a tax warrant lawyer that knows what to do. We will give your case the personal attention it deserves.

Why Choose Us?

We give you the personal attention to create successful outcomes. Tax situations require the knowledge and skills of trained professionals that know what to do. You work with Timothy S. Hart. He is a New York state tax warrant lawyer that practices in these areas of the law. We understand the challenge of tax warrants and are here to help you.

We have five-star reviews from our clients who love our professionalism, knowledge, skill, and experience. All of these factors make Timothy Hart an excellent New York tax warrant lawyer. He gives your case the personal attention it needs and can handle any type of legal tax issue. Mr. Hart is knowledgeable, professional, and experienced in dealing with these situations.

We can help you regardless of what is happening with your New York tax situation or issues with the IRS, no matter where you are located. Contact Timothy Hart today at (518) 213-3445 (Albany) or (917) 382-5142 (New York City) and get the help you need.

How We Can Help

You work with a tax warrant attorney that cares and will give you objective advice. Timothy Hart is a skilled NYS tax attorney that listens to your case and understands how your tax issues are making things challenging. He is the New York and Albany tax warrant lawyer to call.

We give you objective advice you can use that will address your tax issues. We practice in many different areas, including tax audits, filing unfiled tax returns, compromise programs, and criminal investigations.

We can help you regardless of where you live or your tax situation. Timothy Hart practices in every state and different areas of tax law. He is focused on giving you outstanding results using his knowledge and experience.

Contact Timothy Hart today at (518) 213-3445 (Albany) or (917) 382-5142 (New York City) and let us help you. We are the New York City and the Albany tax lawyer to call. We have many different tools to use including doing an NYS tax warrant search. This gives us an advantage in understanding the situation and creating strategies that produce successful outcomes for you.

Our New York Tax Warrant Attorney Explains the Process

If a taxpayer fails to pay their sales or income tax bill and no longer has the right to appeal the assessment, the New York State Department of Taxation and Finance’s Collections and Civil Enforcement Division will assess the tax they say you owe and file a New York State Tax Warrant (tax lien). Tax warrants are similar to a Federal Tax Lien. They have some similarity to civil judgments and it’s the way the state will protect its interest in the tax debt that you owe. The warrant is filed at the respective county clerk’s office in the county you reside in. For out-of-state taxpayers, it gets filed with the Albany County Clerk’s office and N.Y. Department of State.

If you have an unpaid tax bill that is correct, your best option is to pay the tax debt owed in full as soon as possible. As a taxpayer takes time to pay the balanced owed, the balance continues to accrue penalties and interest. The penalties and interest really add up since the interest rate is between 7.5% and 14%, and the penalties are up to one-half of the amount owed. If a taxpayer continues to delay paying the tax liability owed to New York State, civil enforcement actions may start and they may levy your account after they file a New York State Tax Warrant.

Civil “enforcement actions” are the Department of Taxation and Finance’s way of collecting unpaid tax bills. If a taxpayer continues to not pay the tax debt owed, the tax department has the power to (1) Issue Tax Warrants (basically filing a tax lien); (2) Levy income and accounts (bank, broker accounts, etc.); (3) Seize property (such as real estate). This will hamper your ability to buy assets due to impact on your credit score.

You can search for NYS tax warrants here: Division of Corporations, State Records and Uniform Commercial Code, NYS Dept. of State

A tax warrant is a harsh legal action against the taxpayer. They are not only a public record filed with the New York Department of State of the tax liability owed to the state, but also:

• Create a lien against property (used to collect on the debt owed through a levy, income execution, seizure and sale of personal property)
• Affect the taxpayer‘s credit score. The tax department does not report tax warrants to credit agencies, but since tax warrants are a matter of public record, the information is made available to them and affects your credit score.

If you have a New York State Tax Warrant and own property, you may sell the property to cover your tax debts. However, in order to satisfy the lien, the funds received from the sale of the house must pay the tax debt owed in full to the extent you receive proceeds from the sale. After the debt is settled, the tax department will issue a Notice of Pending Warrant Satisfaction, and this document will be the proof that the lien is removed. The tax warrant goes against both personal and real property.

For taxpayers facing both a Tax Warrant and bankruptcy, the tax department stops collection on individuals who file for bankruptcy. Though the tax department stops collection, the taxpayer may continue to receive documents about the tax debt owed. If the warrant is not resolved through the bankruptcy, it remain and have to be dealt with after the bankruptcy proceeding concludes.

Once the tax debt owed is paid in full, the tax department will notify the New York Department of State and County Clerk’s office who keeps track of the Tax Warrant. This is the action needed to prove that the tax warrant has been satisfied, and the tax warrant lien will be removed against your property. This filing is known as a Satisfaction of Judgment, and you get a copy of the notice once it is filed. If you are in the process of resolving the warrant issue, and paid the debt, but the state has not yet filed the papers with the county clerk’s office, the state will provide a Notice of Pending Warrant Satisfaction if (1) the tax debt is paid with certified funds, and (2) the payment has posted to the state tax roll assessment database (meaning the check cleared your bank).

In some cases, it is not possible to pay off the tax debt and have the warrant satisfied but it is still affecting your ability to buy property. In these cases, it may be possible to have the warrant either subordinated or released. A warrant subordination is where the warrant is lowered in its pecking order as a lien against your property; therefore, the new lien, such as a mortgage against real property, can have higher priority and the bank is willing to lend money with this higher priority. A warrant release is where the tax debt remains, but the tax warrant is removed from the county clerk records.

In some cases, the tax warrant was filed in error. As an example of this, a taxpayer can file a return (or not have filed a return) and the state incorrectly thinks a tax is owed. Often, when this happens the taxpayer no longer resides within the state and does not get the tax bill notice that was mailed to their last known address. If they still lived at the address, it would be a simple matter to clean up. When they do not get notice is when trouble really starts. Therefore, when the tax bill is not responded to, the state files a tax warrant. At that point, the taxpayer may become aware of it on their credit report and then contact the state. Once the warrant is cleared up, the state will issue a warrant vacate which legally offsets the tax lien like it never existed to begin with.

FAQs for Our New York Tax Warrant Lawyer

Contact Timothy S. Hart today at (518) 213-3445 (Albany) or (917) 382-5142 (New York City) and let us help you. We are licensed to practice tax law in every state across the country. Our knowledge and experience are what give us an edge.

We Can Help You No Matter Where You Live.

Our New York tax law firm offices are located in New York State, but we are able to help you in any state across the country. We can work with you no matter where you live. Timothy S. Hart is licensed to deal with the IRS in every state in the entire country. Call our Albany office at (518) 213-3445 or our New York office at (917) 382-5142.