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William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4029
Experience:  Civil litigation attorney for individuals and businesses.
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I was late in filing my VA tax returns for years 2007 - 2010.

Resolved Question:

I was late in filing my VA tax returns for years 2007 - 2010. The state of VA through Performant Recovery, Inc collected $500/month from me and put it into the MSVC Trust Account until I filed taxes.
All tax returns have been filed. I had to contact Performant last month to have them stop collections. They confirmed with VA that all returns were filed. But I have yet to receive any accounting of where all that money has gone. They say the statute says I don't get anything unless I filed within a 3 yr window of when the taxes were due.
IF the tax division sent the amount to collect to Performant before that date and Performant put the $$ in a trust fund account, shouldn't I be able to receive a refund of what excess they collected?
If I cannot receive the amount collected for each year, can I claim that as a deduction on my federal and state return this year?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer, I will assume that you have a record of the money that has been garnished, and as you have filed the late returns, the amount you owed, plus penalties. Therefore you will have an accurate accounting of the amount you can carry forward on your new taxes.

William B. Esq. :

There is a "tax advocate" for the State of Virginia that you can contact to assist you with problems such as this, when you call, or write, you need to have all of the relevant information to your issue present so they can discuss the matter with you directly, but I believe this will be your best recourse as your dealing with a third party vendor that only has an interest in collections as opposed to assisting you with future tax payments may be the significant issue here:


Taxpayer Rights Advocate
Virginia Department of Taxation
P.O. Box 546
Richmond, VirginiaNNN-NN-NNNNbr/> Phone:(NNN) NNN-NNNNfor Individuals
Phone:(NNN) NNN-NNNNfor Businesses
FAX:(NNN) NNN-NNNN/p>

William B. Esq. :

The State uses the "Tax Advocate" as a way to address overpayment credits and rights to apply the amount for future tax years when there is an issue such as the one you describe. I hope the above is helpful, and that the matter can be quickly resolved, if I have missed the issue (or if that route has already been tried and you need further information), please let me know and I will follow up directly.

William B. Esq. :

I hope that the above information is helpful, if you have any questions, please use the “Reply to Expert Link” and I will follow up promptly. Once you are satisfied with your answer, please rate my service by clicking on the “OK” “GOOD” or “EXCELLENT” buttons, if you believe my service is anything less than “OK” please stop and tell me what additional information or clarification you need to make your experience satisfactory.


If you have any further questions, or if I missed or misunderstood what you were asking, please do ask and I will follow up promptly, You may continue to follow up if further questions arise even after rating my response.

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 4029
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 4 other Legal Specialists are ready to help you
Expert:  William B. Esq. replied 1 year ago.

Dear Customer,

Thank you for the kind rating, it is greatly appreciated. I wish you the best of luck with this matter. If you have further questions regarding this type of issue, or any other legal matter, please do not hesitate to use our service in the future. You may post a question for any of our experts in general, or to me directly by titling your question “To CalAttorney 2…” or using the link: http://www.justanswer.com/law/expert-wdb-esq/

Best regards, and thank you,

Bill

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William B. Esq.
William B. Esq.
Attorney
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Civil litigation attorney for individuals and businesses.