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Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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is there a statute of limitations on ohio state tax

Customer Question

is there a statute of limitations on ohio state tax?
Submitted: 5 years ago.
Category: Tax
Expert:  Merlo replied 5 years ago.
HelloCustomer

Under Ohio House Bill 390, the legislation establishes a seven-year statute of limitations in which the state must begin judicial proceedings after an assessment is issued and within four years after an assessment becomes final, whichever is later.

So it depends not so much on the tax year you owe tax for, but it goes by the date the tax was actually assessed or became final, which could be several years after the year the tax actually applies to.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you.

Customer: replied 5 years ago.

what do you mean by assessed?

 

Expert:  Merlo replied 5 years ago.
Hello againCustomer

Assessed means when they actually determined what your tax liability was.

As an example, suppose you owed tax for the year 2002 but never filed a return with the state for that year. It may take the state 3 or 4 years or even longer before they get around to notifying you that tax is due for that year, so it may be sometime in 2006 before they actually "assess" the tax, even though the tax itself actually applies to the 2002 tax year.

So the statute of limitations goes by the assess date, not the year the tax actually pertains to.

If this was helpful please press the Accept button. Positive feedback is also appreciated.

Thank you.
Customer: replied 5 years ago.
so,if notification of this same tax debt was mailed to my fathers house(my last known address) in 1992 ( the debt was supposedly from 1989 and 1991) the statute of limitations would have passed, would it not?
Expert:  Merlo replied 5 years ago.
HelloCustomer

Yes, it should have. Are you still receiving notices that the tax is due? If so, are the notices from the state or from a collection agency?
Customer: replied 5 years ago.
yes . they are from the state and from a collection agency. and now my income tax is being withheld because they're saying that I owe a debt that I do not owe. Not only did I not work in the state in '89 or '91 I didn't even live there.
Expert:  Merlo replied 5 years ago.
Hello againCustomer

House Bill 390 which limits the time that the state can begin judicial proceedings was just passed in to law last year. It would not apply to tax debts which were already in the collection process prior to the new law.

Unfortunately because of that they will continue to withhold any refunds you are due until the debt is satisifed.

As far as the fact that you are saying you did not work or live in the state during those years, that is something I cannot really comment on, because I do not know what the state is basing their assessment on. Normally if you work for someone that withholds state taxes from your check, then a copy of your W-2 form is also sent to that state, and the state assumes you worked or lived in that state. Perhaps one of your employers did this and that is why they think you owe the tax, but I have no way of knowing what evidence the state has that makes them think you owe tax for this time period.

However, if you are successful in getting them to reverse their decision, then these collections would cease and you would be refunded any money you paid. If the amount you owe is substantial, it may be worth your while to seek the help of a tax attorney in getting this resolved.



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