another property tax question

[mr.72]

ok, so I finished my CHL class today. I filed for the application online last week.

But then I got to thinking, maybe some of our property taxes are not paid off. In our county, when you get the property tax bill it comes with kind of a schedule for payment late (late payments accrue interest on the unpaid balance). So we have been paying it kind of in "installments" under the schedule on the bill.

So the question is: Does this count as "finally delinquent"? Should I wait to send my application until we've paid off the last couple of hundred bucks? Or can I just file? If I just file it, and then they reject it, will I have to apply again and pay the $140 fee again?

Sorry for the lengthy questions... I did a search and couldn't find the right answer. I may call DPS Monday and see if they have an answer although I tend to trust the collective here at least as much.

[boomerang]

If you're paying installments as allowed in the bill, you're fine. Even being a little late shouldn't affect a CHL.

IANAL, but being "finally delinquent" probably requires a decision by a court or similar authority.

[03Lightningrocks]

If your making payments on taxes that have already been assessed, your delinquent. I couldn't tell you how this affects the CHL...but I do this every year. If you notice, they charge you penalties and interest with each passing month.

[03Lightningrocks]

If you're paying installments as allowed in the bill, you're fine. Even being a little late shouldn't affect a CHL.

IANAL, but being "finally delinquent" probably requires a decision by a court or similar authority.

LOL...installments aren't "allowed" in the bill.

[lrb111]

No you aren't finally delinquent. If you are paying on the taxes, and the added interest, you are good to go. DPS is closed Monday, btw...

[bauerdj]

At what point are you considered "finally delinquent"?


Dvae B.

[03Lightningrocks]

No you aren't finally delinquent. If you are paying on the taxes, and the added interest, you are good to go. DPS is closed Monday, btw...

Could I get you to give me the definition of finally delinquent? I have to admit to never hearing of this terminology before. Your either delinquent or your not. The day after your taxes are due...your delinquent. Making payments on it does not make it current until your paid in full. So if you or someone else could enlighten me as to the meaning of "finally delinquent" and maybe give some kind of reference to how it applies to the CHL I would be eternally grateful.

[03Lightningrocks]

No you aren't finally delinquent. If you are paying on the taxes, and the added interest, you are good to go. DPS is closed Monday, btw...

Could I get you to give me the definition of finally delinquent? I have to admit to never hearing of this terminology before. Your either delinquent or your not. The day after your taxes are due...your delinquent. Making payments on it does not make it current until your paid in full. So if you or someone else could enlighten me as to the meaning of "finally delinquent" and maybe give some kind of reference to how it applies to the CHL I would be eternally grateful.

Did some googling . Found the definition of "finally delinquent" and it appears(IMHO) that once it is assessed it IS finally delinquent UNLESS it is pending administrative or judicial challenge. So if it is delinquent and your making payments, you have acknowledged it is a legitimate delinquency so it can't be anything but finally delinquent at this point. Again...I don't know if the state checks your property taxes with your county, but I would expect that if they do....your finally delinquent as the paragraph below states. Yes, I know this was copied from a federal tax ruling, but I am believing that property tax "final delinquency" status would be defined the same way.


1) Federal taxes are considered delinquent
if both of the following criteria apply:

i) The tax liability is finally determined.
The liability is finally determined if it has
been assessed. A liability is not finally
determined if there is a pending
administrative or judicial challenge. In the
case of a judicial challenge to the liability,
the liability is not finally determined until all
judicial appeal rights have been exhausted

(ii) The taxpayer is delinquent in making
payment. A taxpayer is delinquent if the
taxpayer has failed to pay the tax liability
when full payment was due and required. A
taxpayer is not delinquent in cases where
enforced collection action is precluded.

I can tell you one entity that considers it delinquent from the day after it is due. The Bank...don't believe me? Try and get a home equity loan. The first thing they require you to pay with the funds is delinquent property taxes. Even if your making payments.

[mr.72]

The FAQ in the handbook they gave me at the CHL class sort of addresses this, and says the intent of denying a CHL to those who are "finally delinquent" is to compel people who have never made any effort to pay their taxes to do so. So it appears that there is some kind of gray area here. I'll call DPS Tues, otherwise wait a few weeks to file until I can get the tax paid off.

BTW it'd be a lot easier to take your argument seriously if you didn't use the word "your" when you meant "you're".

[lrb111]

No you aren't finally delinquent. If you are paying on the taxes, and the added interest, you are good to go. DPS is closed Monday, btw...

Again...I don't know if the state checks your property taxes with your county, but I would expect that if they do..

Yes, they do check your taxes. "Finally delinquent" is a court judgement against a person for non-pay. A deputy would deliver the papers. If a person is making payments then even if there was a judgement, the state is getting it's money, and that is what they want. Yes, there is some gray area here.

[03Lightningrocks]

The FAQ in the handbook they gave me at the CHL class sort of addresses this, and says the intent of denying a CHL to those who are "finally delinquent" is to compel people who have never made any effort to pay their taxes to do so. So it appears that there is some kind of gray area here. I'll call DPS Tues, otherwise wait a few weeks to file until I can get the tax paid off.

BTW it'd be a lot easier to take your argument seriously if you didn't use the word "your" when you meant "you're".

It would be allot easier to take your post serious if you were not asking tax advice from CHL holders . Your welcome for the help anyway.

[boomerang]

It would be allot easier to take your post serious if you were not asking tax advice from CHL holders . Your welcome for the help anyway.

What tax advice?

I thought mr.72 was asking CHL holders a question about CHL eligibility (GC 411.172) but maybe I didn't allot enough time to read everything.

[mr.72]

yeah thanks boomerang that's exactly right. Just trying to avoid having to go through the application process twice. I guess I'll still plan on calling DPS but was hoping to get experience-based information since I have heard many times what DPS says they will do, and what they do, can occasionally be two different things.

I certainly wouldn't expect that "finally delinquent" describes my status since I have been making payments on these taxes as usual (I did this same thing last year with no ill effects... seems the county doesn't mind making a little interest). But I had never heard the term "finally delinquent" and it only dawned on me during the CHL that they might translate that to "late payment". Figured I'd check here first.

[bauerdj]

Your question is a good one and I hope you will post the reply you get from DPS

Dave B.

[mr.72]

I will definitely update this topic when I get more info. I plan to call on Tues.