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Can a tax lien be filed on a home jointly owned if the business was not jointly owned and was also
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Asked on February 16, 2018 under Business Law, South Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Certain tax debts will allow a lien to filed against an S corporation's owner (even against property he or she jointly owns with another, such as a jointly owned home, though only to the extent of the corporation's owners interest in or share of the home) or other collections efforts to be taken against the owner, not just the corportion. Those are the taxes denominated as "fiduciary" taxes, or where the corporation is collecting or remitting other persons' money, like sales tax or payroll tax. The law requires that some manager or owner be personally responsible for such taxes, so if there is a one-person-owned S corporation, the owner would be the responsible person and therefore personally liable on the taxes.
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