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Question about late property tax payments and chl
Posted: Wed Jan 30, 2008 9:23 am
by jnkirk1974
Ok, let me say that this does not apply to me. I just paid my property tax, so no problems here.
However, what happens to your CHL license if you pay your property tax a couple of days late?
Is it null and void? Are you permanently ineligible to carry again?
Just curious, since the rule state that you cannot be determined to have been delinquent in paying
taxes.
Thanks.
Re: Question about late property tax payments and chl
Posted: Wed Jan 30, 2008 9:56 am
by zbordas
The book says "finally determined to be delinquent". That does not apply to you.
However; late tax payment
!
Re: Question about late property tax payments and chl
Posted: Wed Jan 30, 2008 10:07 am
by seamusTX
An application for a CHL will be denied if you have been finally adjudicated, blah, blah.
If you already have a CHL, those conditions could theoretically be a basis for suspending or revoking it. However, I don't know of any mechanism for informing DPS that a CHL holder has been so adjudicated.
The only automatic suspension occurs if you are charged with a class B misdemeanor or worse.
- Jim
Re: Question about late property tax payments and chl
Posted: Wed Jan 30, 2008 10:10 am
by Charles L. Cotton
Late payment of anything, taxes, school loans, child support, or any fee collected by the state, doesn't matter, so long as it hasn't been finally determined to be delinquent. Some people, perhaps even the DPS, take the position that a final determination by a state agency such as the AG's Office on child support matters constitutes a "final determination." I don't know if there are any cases on this issue, but as a lawyer, to me a final determination occurs after a judgment has been rendered by a court of competent jurisdiction and all appeals have been lost, or the time for filing an appeal has passed.
Chas.
Re: Question about late property tax payments and chl
Posted: Wed Jan 30, 2008 10:57 pm
by rm9792
zbordas wrote:The book says "finally determined to be delinquent". That does not apply to you.
However; late tax payment
!
Property taxes period!
I hate that I can never truly own my property.
Re: Question about late property tax payments and chl
Posted: Thu Jan 31, 2008 9:28 am
by jnkirk1974
Ok, I just wanted to be clear about my case. I'm not late. I paid all of my property taxes a couple of days early.....so I'm fine.
I'm just talking about a hypothetical here.
If a person pays there property taxes even one day late, does it make their CHL license null and void?
According to the property tax sheet that they sent us in the mail, one day late is considered "delinquent".
Re: Question about late property tax payments and chl
Posted: Thu Jan 31, 2008 9:48 am
by seamusTX
jnkirk1974 wrote:If a person pays there property taxes even one day late, does it make their CHL license null and void?
No.
A person who is charged with a crime or has a protective order against him cannot carry and technically cannot possess a firearm. Otherwise, suspension or revocation of a CHL requires a formal process. It's never automatic.
- Jim
Re: Question about late property tax payments and chl
Posted: Thu Jan 31, 2008 3:43 pm
by jnkirk1974
Ok, so if I understand you right........
Just merely being a couple of days late on your taxes, doesn't mean your license is screwed. However, if you've gotten to the point where the county, state
or federal guys take you to court to get paid and you lose............NOW your screwed.
Correct?
Re: Question about late property tax payments and chl
Posted: Thu Jan 31, 2008 3:52 pm
by seamusTX
Not quite. Only state taxes count toward your CHL. I'm not sure county property taxes would count.
Federal taxes do not.
- Jim
Re: Question about late property tax payments and chl
Posted: Thu Jan 31, 2008 5:15 pm
by Crossfire
jnkirk1974 wrote:Ok, so if I understand you right........
Just merely being a couple of days late on your taxes, doesn't mean your license is screwed. However, if you've gotten to the point where the county, state
or federal guys take you to court to get paid and you lose............NOW your screwed.
Correct?
Yes, that is correct. And yes, county taxes DO count. I didn't know either until one of my students was denied due to real estate taxes.
At least, that's what he told me.