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?

Related Topics:
2 Lawyer Answers
Chad Silver
Chad Silver
PREMIUM
Answered
  • Tax Law Lawyer
  • Pontiac, MI

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.

Best,

Chad Silver, Esq.

Jonathan David Warner
Jonathan David Warner
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.