#401 ·
Hey everyone, now I’ve gone and run into yet another headache...
I just cannot seem to shake this nightmare regarding that miserable apartment 😠
To make a long story short:
Back on April 4, 2008, I took out a mortgage to buy my very first place—a 745 sq. ft. studio. I applied for the first-time homeowner tax exemption, which I actually got (though I’m still waiting on the paperwork for the "excess" square footage they promised me back then)
But look, things went south fast. I couldn't keep up with the mortgage, interest rates started climbing, my monthly payments dropped, and I was backed into a corner. I HAD to sell. So, on March 30, 2011, I sold it through a government housing program.
Well, I recently received a lovely little "gift" from the IRS stating that I owe them $9000 (which is 5% of the sale price) simply because I sold the property within five years of buying it.
*1-The unit was bought from a developer LLC who built these new condos on a lot that dates back to about 1968. It’s a new build on old land. They haven't sent me the final bill yet, claiming it's coming. At the local tax office, they hinted that I might be able to pay a lower rate based solely on the land value or some other technicality... but who knows how that works?.....?????
*2-I also found out that the laws changed on February 25, 2011, and now that holding period requirement has been dropped to three years.
I marched down to the tax office in person and pointed out the NEW REAL ESTATE TRANSFER TAX ACT, specifically citing Article 27.a, which basically says😢in short, for items registered before this Law took effect where a decision hasn't been finalized, the new Law applies...
When I brought that up, the bureaucrats there told me that maybe the new law could catch me too. Apparently, according to their math, I am missing exactly five damn days to hit that full three-year mark—even though I have clearly been registered at that address for much longer than three years!
*3-Furthermore, in the sales contract signed on April 4, 2008, it explicitly states that the SELLER is responsible for all real estate transfer tax costs.
I pointed that out too, but they just looked at me blankly and said they don't deal with cases like this and aren't sure what to do—they just told me to file an appeal.
*4-And let's be real here: I was forced to sell that place because my life was hitting rock bottom financially. My paycheck is already being eaten alive by half for child support and garnishments for past-due alimony. I don't own any other property. I explained all this to the tax office, and they suggested I ask for a debt waiver due to "inability to pay," though I didn't quite grasp what that entails.
My question is: I am definitely going to appeal, but what legal grounds should I use and how do I go about it???
Thanks in advance, everyone.
I've only got a 10-day window left.
I just cannot seem to shake this nightmare regarding that miserable apartment 😠
To make a long story short:
Back on April 4, 2008, I took out a mortgage to buy my very first place—a 745 sq. ft. studio. I applied for the first-time homeowner tax exemption, which I actually got (though I’m still waiting on the paperwork for the "excess" square footage they promised me back then)
But look, things went south fast. I couldn't keep up with the mortgage, interest rates started climbing, my monthly payments dropped, and I was backed into a corner. I HAD to sell. So, on March 30, 2011, I sold it through a government housing program.
Well, I recently received a lovely little "gift" from the IRS stating that I owe them $9000 (which is 5% of the sale price) simply because I sold the property within five years of buying it.
*1-The unit was bought from a developer LLC who built these new condos on a lot that dates back to about 1968. It’s a new build on old land. They haven't sent me the final bill yet, claiming it's coming. At the local tax office, they hinted that I might be able to pay a lower rate based solely on the land value or some other technicality... but who knows how that works?.....?????
*2-I also found out that the laws changed on February 25, 2011, and now that holding period requirement has been dropped to three years.
I marched down to the tax office in person and pointed out the NEW REAL ESTATE TRANSFER TAX ACT, specifically citing Article 27.a, which basically says😢in short, for items registered before this Law took effect where a decision hasn't been finalized, the new Law applies...
When I brought that up, the bureaucrats there told me that maybe the new law could catch me too. Apparently, according to their math, I am missing exactly five damn days to hit that full three-year mark—even though I have clearly been registered at that address for much longer than three years!
*3-Furthermore, in the sales contract signed on April 4, 2008, it explicitly states that the SELLER is responsible for all real estate transfer tax costs.
I pointed that out too, but they just looked at me blankly and said they don't deal with cases like this and aren't sure what to do—they just told me to file an appeal.
*4-And let's be real here: I was forced to sell that place because my life was hitting rock bottom financially. My paycheck is already being eaten alive by half for child support and garnishments for past-due alimony. I don't own any other property. I explained all this to the tax office, and they suggested I ask for a debt waiver due to "inability to pay," though I didn't quite grasp what that entails.
My question is: I am definitely going to appeal, but what legal grounds should I use and how do I go about it???
Thanks in advance, everyone.
I've only got a 10-day window left.
