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I owe taxes to the IRS for 2009 - will that prohibit me from obtaining a Texas CHL? I have read the requirements and I see that I cannot owe the State of Texas any taxes or child support but I did not read anything about it being Federal as in the IRS - can anyone let me know if I will be eligible for a Texas CHL if I owe back taxes to the IRS? Thank you.

Federal taxes are not a problem unless you're under indictment.

Welcome to the forum.

- Jim

Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

msylkatis wrote:I owe taxes to the IRS for 2009 - will that prohibit me from obtaining a Texas CHL? I have read the requirements and I see that I cannot owe the State of Texas any taxes or child support but I did not read anything about it being Federal as in the IRS - can anyone let me know if I will be eligible for a Texas CHL if I owe back taxes to the IRS? Thank you.

I had a federal tax lien(at the time I applied for a CHL). I was so worried about a possible denial, I called down to DPS HQ and asked if a fed.tax lien was grounds for denial.

The initial call taker said "yes it is, since it's a lien". Then I asked a simple follow up question: "are you absolutely certain?"

She said no, and transferred me to a "tech". I asked the same question, accurately describing the situation to her and she answered: "No. A federal tax lien has no bearing on your ability to qualify, and definitely is not a disqualify. This is Texas...we don't concern ourselves with that".

God Bless Texas!

chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?

Defndr90 wrote:

chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?

http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend

Oldgringo wrote:

Defndr90 wrote:

chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?

http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend

Thanks pal. Sorry to have posted a stupid question on this board.

Oldgringo wrote:

Defndr90 wrote:

chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?

http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend

Not when you're looking to answer a legal question or trying to encourage new members to participate in TexasCHLforum.

Chas.

Defndr90 wrote:

Oldgringo wrote:

Defndr90 wrote:

chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?

http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend

Thanks pal. Sorry to have posted a stupid question on this board.

Texas only cares about Texas money. If it's not owed to a Texas taxing authority, it's not a problem.

As an attorney, it is very clear the no one has a final determination of delinquency unless a court has entered a judgment against them and they have either lost all available appeals, or the time to prosecute an appeal has expired. However, DPS does not look at it that way. They take the position that they can contact the taxing authority, or the Texas AG's office for child support, and if they are told the applicant is delinquent, that constitutes a "final determination." However, DPS also takes the position that a person is who delinquent but is paying the arrearage in accordance with an agreement with the taxing authority or AG's office is eligible for a CHL.

I couldn't find any case law on point, but I admit I didn't do a thorough search. I do think DPS would have a very hard time winning that one in court. Every lawyer who passed the bar knows what constitutes a "final determination."

Chas.

Defndr90 wrote:

Oldgringo wrote:

Defndr90 wrote:

chabouk wrote:Even being behind on property taxes won't hinder your CHL unless you've been "adjudicated delinquent".

Does anyone know exactly what "adjudicated delinquent" means? Does it mean that it has went through the court system or just a notification you are deliquent in your taxes?

http://www.merriam-webster.com/dictionary.htm" onclick="window.open(this.href);return false; can be your friend

Thanks pal. Sorry to have posted a stupid question on this board.

I apologize if my response offended. As CHAS has so aptly pointed out, your question went to a legal definition rather than a grammatical definition.

Oldgringo, thank you. I found in the past that trying to use strict definitions and common sense when talking about law doesn't always work.

Chas, thank you for taking the time to explain this. I found your explanation helpful and what I needed to know.