Hello, I have a sales tax lien of 1288.88 from 99 to today in Texas. I was not able to start my business when I became ill. I contact the comptrollers office to cancel my sales ID, but I was unaware that I had a debt at all. The Attorney generals office commented that they derived the number from my estimate when no return was filed. I remember sending them the form after calling them but they said they never received a form. I can prove that I was ill with doctor notes spanning 4 years after my conversation. Now they say I owe over 4600 dollars. What can I do? Do I need to get a lawyer. I don't think I should have to pay 4600 dollars for a business I never started.
dallas , Texas
I talked to someone at the attorney generals office. They said I am being charged .67 cents per day. They also said that they tried to contact me with letters to file before it was too late. I never received any of these forms. I did get a lawyer to write asking them how they came to 1288.88. He did not like the answer that they just took my proposed earnings when I filled out my sales tax info. They have not gotten back with him or me. The only thing that the representative said I could do was set up a payment plan for the 4,600. I idi not make any sales and i got sick and proactively called them to cancel in 99. They have this cancellation in the sysytem and the phone call, but they said i never sent the tax return. I remember sending this in. I was hoping there is an appeal process, but i need to know what I can do and do I need a lawyer to do it. I have collected all my medical info showing that I have been medicated from 99 to 2004 for severe anxiety which caused me to close my business. Please help me with my real options. My company was a laser tag place I was designing for kids, I don't think this is fair.
It will work better for you to get an attorney to write. The third party influence it provides plus his ability to correctly site law and precedence, and his command of the legal tax language will be helpful in getting the best result.
I would think there is not going to be a problem overcoming this. The problem you will have is the statute of limitations, in general for getting a tax refund.
Here is how it works with sales tax and the general statutes for taxes.
1. For failure to file a return, this is considered an act of omission. For acts of omission, there is no statute of limitations for making the collection.
2. Sales tax is assessed in the absence of a sales tax return based on one of two things, your estimated receipts form when you first registered the business, or on what is called a floor tax. (inventory to be sold).
3. If when you file a sales tax return, actual, then any overpayment of sales tax results in a refund. Such overpayment is determined when you actually file a sales tax return based on actual receipts, or in this case, non-receipt.
4. In Texas, there is a three year statute of limitations for getting a refund. So this becomes your barrier. Even though you may have discontinued your business, you could file a sales tax return now, and attempt to claim any refund; but because the statute has ran out on getting refunds, the state may still claim you owe the money.
Unfortunately, you can ask for mitigation based on your incapacity to act, but there is no guarantee it will succeed. Hence, the need for the attorney.
GPHR Cert; U.S. Treasury Tax Advocacy Panel appointee