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Q: Taxes in Michigan "following" assets purchase ( Answered,   0 Comments )
Question  
Subject: Taxes in Michigan "following" assets purchase
Category: Miscellaneous
Asked by: geor-ga
List Price: $20.00
Posted: 02 Feb 2003 22:25 PST
Expires: 04 Mar 2003 22:25 PST
Question ID: 156603
I am preparing to buy some of the assets (including) computers,
software and media from a Michigan corporation (a Ltd.). The company
owes outstanding Michigan taxes of some $8000.00. I presently
understand that if I execute the purchase, the taxes will "follow" the
assets and I will be liable for them. As I am purchasing only some of
the assets is this true, and if I re-sell some of the assets what
happens to the taxes
due?
Answer  
Subject: Re: Taxes in Michigan "following" assets purchase
Answered By: taxmama-ga on 11 Feb 2003 05:59 PST
 
Hi Geor-ga

Without more information about the specifics, I can't give you an
absolutely definitive answer. 

However, the corporation is responsible for the taxes - not you.
 

If you buy the company, as in their stock, business name, etc,
you will take over their liability. And then, you WILL be 
responsible. 

Simply buying their assets, you should not have any responsibility 
for their taxes.

If IRS or the State of Michigan has a lien on those assets,
it's likely that they will take the money you pay the company
and use that money towards their debt.

If there is a lien filed, it is in the public records. 

If you are the least bit concerned, you may want to contact 
the taxing authorities before you make the purchase. 

It's likely that they will want your payment for those
assets to go to them. You may even be able to open an
escrow account to hold those funds until the seller and
the government sort out their issues.

But, I wouldn't do that without working with the seller. 
Work with the seller to communicate with their tax collectors. 

If you are still skittish, don't make the purchase. 

Typically, in my experience with IRS collections issues, they
won't follow you. They will follow the money. So, if you paid
the bucks for the equipment, they'll go to the company who
got the money. 

Good luck,

Your TaxMama-ga
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