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Question

Hi, my question is this: is there a statue of limitations on doing state tax return. In 1997 we didn't file a return at all and now they are saying they want 1339 dollars from us; that includes original amount they say that they came up with off of our federal tax return plus interest, plus penalty. Is this legal for them to try to get this money out of us first, 12 yrs. later. We moved to Nebraska sometime in 1998 and i don't doubt that we forgot to file a state return because three weeks after we got back the house we were living in burnt down and i probably forgot to do something, and so all of our information got burnt up with the house.

Submitted: 26 days and 2 hours ago.
Category: Tax
Value: $18
Status: CLOSED
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The only thing i've done is to contact the LA dept. of revenue to find out why they thought i owed them this money and they said that because they don't have a return on file they take the amount off of my federal return and came up with an estimated amount and of course because i didn't file they assume that i'm gonna owe them. Also, i have until tomorrow to file for the amnesty progam which would deduct five humdred something dollars and leave a balance of eight hundred and forty three dollars is what i think she said. So i just don't know what to do.

Accepted Answer

Hello joe,

Yes, it is legal for them to collect these taxes, even though it is 12 years later.

If you had filed a return for that tax year, then there is a statute of limitations where the state only has 3 years to audit that particular year and assess additional taxes that may be due. But in a case where a tax return was never filed, no statute of limitations applies.

This is true not only for state taxes, but also for taxes owed to the IRS as well.

If this was helpful please press the Accept button.

Thank you joe

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Expert: Merlo
Pos. Feedback: 99.8 %
Accepts: 
Answered: 10/27/2009

Accountant

25+ years tax consulting. Specializing in returns for US citizens living abroad

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