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Lou
Lou, Tax Preparer
Category: Tax
Satisfied Customers: 404
Experience:  25+ yrs Experience Personal Income Taxes - Former DM for H&R Block in California
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I got a letter from CA state franchise tax board seeking to ...

Customer Question

I got a letter from CA state franchise tax board seeking to collect 2099.84 dollars from me for taxes filed in year 2000 for which the state even gave me a refund . If I owe the state why did they send me a refund then? Does the statute of limitation not apply here?
Submitted: 6 years ago.
Category: Tax
Expert:  Lou replied 6 years ago.

Hello and thank you for contacting Just Answer. We appreciate the opportunity to be of service to you.

Just so I am clear:

What tax year are you asking about?

When did you file the return?

Did you recieve any prior notices?

When did you receive the refund?

Thanks,

Customer: replied 6 years ago.
Reply to Lou's Post: it is the year 2000.
Ifiled the tax in 2001 and I believe I got the refund the same 2001.
Idid not recieve prior notices I only got three letters back to back from the franchise tax board . the first one asking me to call if i disagree. I have been calling but they put you on hold for ever. The next letter was a collection letter asking me to pay up or call to make payment arrangemtents or pay in full.
Expert:  Lou replied 6 years ago.
What is the date of the last FTB correspondence to you.
Expert:  Lou replied 6 years ago.

When you get a letter from the FTB that is a Notice. Once they start the collection process they have 20 years to collect.

There are a number of reasons they asked for the refund to be returned. One would be if the IRS made any changes to your return they would have notified CA which started the process you are now asking about

Customer: replied 6 years ago.
I am not being asked to return my refund. What I am saying is they have sent me letter seeking to collect 2099.84 from me from my year 2000 tax return which I already recieved about 240 dollars in refund for that year. My question is why is it after almost 8 years they are asking me to pay for   taxes which i filed promptly and got refund for? And is the statute of limitation not appicable in this case.?
Expert:  Lou replied 6 years ago.

If they are asking you to pay a tax liability of $2,99.84 then they have most likely audited the return and they would have told you in the notices why.

It is difficult to determine from the information you have provided exactly why the FTB is seeking to collect the $2,099.84 from you without seeing the correspondence

However, they would have indicated that in one of the notices you received. As I mentioned earlier it possibly could have been from an audit on that years return.

The fact that you could not reach by phone them is of no consequence. You could have filed your disagreement with them by mail. I know this is not the answer you are looking for but unfortunately that is it.

You should contact them by phone or mail and request a hearing to determine why.

They have 20 years to come after any tax liability they feel is due.

Customer: replied 6 years ago.
I know you are a very busy man and I apreciate your time even during your busiest days. I apeal to you to carefully read my question. All the answers you've given are good so far, but you've been going around my actual question.How about the satute of limitation? This is almost 7 yrs. The first letter came in march 2008 for taxes i filed in April 2001 for tax year 2000. I understand what you just said, that once the collection process has begun,they have 20yrs to persue the collection. But is legal for them to begin the collection process in the first place? It's been 7yrs. Is there no limit on how far back they can go? This is what I want to know when I ask about the satute of limitation. been going around my actual question. I know you are a very busy man and I apreciate your time even during your busiest days. I apeal to you to carefully read my question. All the answers you've given are good so far, but you've been going around my actual question.
Expert:  Lou replied 6 years ago.

The FTB normally has four years from the filing date to asses taxes. If they feel there is an abusive tax avoidance issue they have up to 8 years.

http://www.ftb.ca.gov/law/tax_shelter/sol.shtml

I would with you that it appears, according to your facts that the statute would proctect you however, the CA FTB is exceptionally diligent when it come to the process of collecting taxes. It would be a rare occurence for them to miss any notification deadlines. Here is a link to some FTB information relating to this issue:

http://www.ftb.ca.gov/individuals/faq/ivr/notice.shtml

As you will see if you moved or for some reason did not get the notices sent, they deem they have notified you. I would also agree with you that this is unfair, but it is their practice.

Unfortunately, the burden of proof is on the taxpayer see Paragraph 8 in the following link.:

http://www.ftb.ca.gov/law/summaries/SOL_Assessment.pdf

If you are lookking to me for legal advice, I cannot do that as I am not an attorney. At this point your best bet would be to call the FTB. Here are some of the phone #'s I use with regularity and do get through fairly easily.

Collection Contact Center . (800)(NNN) NNN-NNNNif this # XXXXX not work try (NNN) NNN-NNNN/p>

If neither of those works try this link:

Here is where I go to Find someone at the FTB

http://www.ftb.ca.gov/forms/misc/1240.pdf

I hope this gives you what you were looking for. I appreciate the opprtunity to be of service.

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Lou
Lou
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25+ yrs Experience Personal Income Taxes - Former DM for H&R Block in California