How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Merlo Your Own Question

Merlo
Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
9573734
Type Your Tax Question Here...
Merlo is online now
A new question is answered every 9 seconds

What is the statute of limitation on business personal property

Resolved Question:

What is the statute of limitation on business personal property tax in Calif. I just received a tax notice for a 30 year old tax.
Submitted: 4 years ago.
Category: Tax
Expert:  Merlo replied 4 years ago.

Hello diesel man,

 

In the state of CA, there is no statute of limitations which applies to business personal property tax or any type of tax, if no return was ever filed for a particular year.

 

So if 30 years ago you failed to file a personal property declaration, by law the state of CA is still allowed to assess and collect the taxes that would have been due for that year.

 

I realize it becomes very difficult if not impossible to go back 30 years and prove whether or not you actually filed or paid this tax, but unfortunately the law allows them to go back indefinitely.

 

 

Thank you diesel

 

 

Customer: replied 4 years ago.
can you give me the code section related to your answer. Also I no longer live in Calif and if I choose to ignore this what would the down side be ??
Expert:  Merlo replied 4 years ago.

Hello again diesel,

 

Unfortunately I do not have the exact code section of the CA law that points out the time period they have to assess these taxes. I just know from years of experience this happens to be the case in CA. And actually the same rule applies in almost every state, in a case where a declaration has never been filed.

 

As far as no longer living in the state, the state of CA could obtain a judgment against you in court the same as nay other creditor, which would allow them to garnish wages in the state where you are now employed. Whether or not they would actually pursue that is hard to say. You have to keep in mind that right now the state of CA is having extreme financial difficulties, which is the likely reason they are reaching back as far as they can go to try and collect any bit of taxes they think they can. If they have not contacted you prior to this time, then my guess would be that the debt either was not high enough to make it worth their while to go through the collection efforts, and right now they may just be sending out correspondence in the hopes of at least getting partial payments or compliance from some taxpayers with past due taxes. But I don't see that it necessarily means they would actually pursue this beyond sending you written correspondence requesting payment be made.

 

 

Thank you diesel

 

 

Customer: replied 4 years ago.
I forgot to mention that this is a county tax not from the state
Expert:  Merlo replied 4 years ago.

Hello again diesel,

 

Yes, I realize that property taxes are a county taxing issue, but the laws for collection are governed by the state.

 

And the fact that this is a county issue rather than state tax also makes it less likely that they would actually go through further collection attempts other than just sending you correspondence requesting that you pay what is due. The smaller county governments just do not typically pursue collection through courts if you are no longer a resident of the state.

 

 

Thank you diesel

 

 

Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience: 25+ years tax consulting. Specializing in returns for US citizens living abroad
Merlo and other Tax Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/KU/KUMI95/2013-9-30_195031_kumar.64x64.jpg Wallstreet Esq.'s Avatar

    Wallstreet Esq.

    Tax Attorney

    Satisfied Customers:

    570
    10 years experience
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    3052
    15+ years tax preparation and tax advice.
  • http://ww2.justanswer.com/uploads/CATax/2009-08-04_204548_Mark.jpg Mark D's Avatar

    Mark D

    Enrolled Agent

    Satisfied Customers:

    985
    MBA, EA, Specializing in Business and Individual Tax Returns and Issues
  • http://ww2.justanswer.com/uploads/IN/insearchoftheanswer/2013-8-16_0233_attorney.64x64.jpg Richard's Avatar

    Richard

    Tax Attorney

    Satisfied Customers:

    3229
    29 years of experience as a tax, real estate, and business attorney.
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    6121
    Licensed CPA, CFE, CMA who teaches accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/JG/jgordosea/2012-6-7_43138_GordosVeritas.64x64.jpg jgordosea's Avatar

    jgordosea

    Enrolled Agent

    Satisfied Customers:

    2783
    I've prepared all types of taxes since 1987.
  • http://ww2.justanswer.com/uploads/OZ/ozaukeecpa/2012-6-7_193219_Picture1croppedandshrunk.64x64.jpg MequonCPA's Avatar

    MequonCPA

    Certified Public Accountant (CPA)

    Satisfied Customers:

    2231
    CPA, Over 30 yrs experience w/individuals and small businesses. Masters in Tax.