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Merlo
Merlo, Accountant
Category: Tax
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Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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I got a letter from NY State Tax office saying I did not pay

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I got a letter from NY State Tax office saying I did not pay taxes in 2003 and 2004 and did not file a return. I have my W2 forms from both years showing I paid MORE then they are saying I owe, but I do not have my returns from those years. I did file though. How should I handle this?
Hello ru5hmOre,

If the state does not have a record of you filing returns for 2003 and 2004, then you will need to file those forms in order to determine whether or not any additional tax may be due. If you had enough tax withheld from your wages to cover your tax liability, then you will not be looking at any penalties or interest, as there would be no additional tax due.

The good part is that you actually still have your W-2 forms for those years. Many people in your situation who are notified that they have not filed for a past year do not even have a record of their earnings. As long as you have your W-2 forms and any other 1099 forms for dividends or other earnings, then it should not be too difficult to get these returns filed. Even though according to your W-2 forms it looks like you paid in enough tax, you will still have to go through the formality of filing these returns in order to clear up this situation. The state will be able to provide you with the forms you need for those years.

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Thank you.
Customer: replied 8 years ago.
Thank you, XXXXX XXXXX more part to this. If I have a record of them giving me a REFUND for both years, will that eliminate me having to file again?
Hello again ru5hmOre,

I cannot answer that will all certainty, but it would certainly then put "the ball in their court" so to speak.

But in order to prove you received a refund, it would almost have to have been an electronic refund which they wired directly to your bank. If you received a check from them which you then deposited, then you would have to see if you could still get a record of those deposit details from your bank.

I would think that if you can come up with solid proof that a refund was received, they should be able to track your return with the reference numbers on those payments, and thereby eliminate a need for you to re-file. I think it will greatly depend on whether or not your refund records give them enough information to do this.

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