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Home > Reader Questions > Can I Sell My Business With a Judgment for Taxes Against Me? – Dave

Can I Sell My Business With a Judgment for Taxes Against Me? – Dave

I owned a restaurant for almost two years. I filed NY sales tax but did not pay them. The restaurant has now been closed for two months. I have a buyer who wants to purchase my equipment and reopen the restaurant in the same space with my restaurant name.

There was a judgement filed against me. The tax agent said that’s so they can collect the tax.

Can I sell the business name to the new owner? Or does the lien prevent that. I would love to have any amount of funds to partially pay the back taxes. The same question for the equipment. Can I sell?

It seems to me that the State would allow the sale so I can pay something. The total sale amount of the business name and equipment would amount to about a quarter the taxes owed.

Also, what if the owner opens up in my rest. name anyway without buying it from me, is he now liable? Thank you.

This is your chance to be a hero and help out this person by providing your feedback and answer to the question in the comments section below.

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About Consumer

This is information that was submitted by a third party and not generated by or Steve Rhode.
  • David Robert

    There should be no reason you cannot sell the name and the equipment. If the State has filed a lien the question is did they file it against you or the restaurant. Either way they want their pound of flesh. If you owned the building the lien might be against it (the property), not sure they can attach the equipment and the name. I would get a copy of the lien and read to see what it says. 

    To answer your question can you sell the equipment and the name, my answer would be yes.

    David Robert

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