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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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Oregon State 1099g forms

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Today is 2/02/2009. We just received 3 state 1099g forms for refunds received in 2008. The problem is, we have already e-filed our tax returns on 1/31/2009 believing we had received all the necessary forms for 2008. I thought the state was required to have these documents to you by January 31st. And do we need now to do ammendments to our state and federal returns?
Hello sferris,

Actually, the deadline date for sending 1099 forms to a taxpayer is normally January 31st, but it is February 2nd this year, since 1/31 fell on a weekend. But that is just the date the forms must be postmarked by, so you could still even receive more forms from anyone who just mailed them today. Today is the deadline for mailing these forms.

Copies of all W-2 forms and 1099 forms are also sent to the IRS, but employers have an extra 30 days to mail those, so there is a chance that the state has not yet mailed the copies to the IRS. If that is the case, then when the IRS receives your return, they would not realize at that point that you were missing any information. If you have a refund coming, it would be issued.

However, once the state sends copies of those 1099 forms to the IRS, then at that point they would realize you omitted these items from your income.

If you have a refund coming, the best thing to do is wait and see if you receive it. If you filed electronically, you will generally receive your refund within two weeks. Once you receive you refund, you should go ahead and file an amended return by filing Form 1040X. An amended return cannot be e-filed, so you will have to mail it to the IRS. Include any tax payment due as a result of these additional forms being received.

But you should wait until after you receive your refund. Trying to file an amended return too soon after you just filed may complicate things if your amended return is received before the other one is even processed.

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Thank you.
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