Syracuse, NY asked in Tax Law and Elder Law for New York

Q: Hello. Does a person in a long term care inpatient facility in NY have to pay taxes? SS, 401K, pension?

Does the person admitted to long term care inpatient have to pay taxes on their pension, Social security, $401K can those taxes stop being withheld? She was admitted in June. Is she responsible for tax payment from Jan to June? Is she exempt from June to the present?

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2 Lawyer Answers
Chad Silver
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A: The only legal tool to stop collection activity would be to have an Tax Attorney negotiate a hardship status with the IRS. Just because she was admitted to a long term inpatient care facility does not negate the legal duty to pay taxes. However, there are a number of avenues available to prevent collection of the taxes, reduce tax liability, and adjust tax witholding. Please give my office a call at 855-900-1040 and I'll be happy to speak with you about this.


Chad Silver, Esq.

Jonathan David Warner
Jonathan David Warner
  • Tax Law Lawyer
  • Albany, NY
  • Licensed in New York

A: There's no way of knowing until a tax professional can perform an analysis on the sources and amounts of your income. Your best bet would be to consult with a tax professional or attorney.

Good luck.

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