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Brenda Guy
Brenda Guy, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 151
Experience:  20 years of working with income and estate tax issues for families and businesses.
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A withholding has been placed against my bank account for a

Customer Question

A withholding has been placed against my bank account for a 2005 California form 540NR that I thought was filed, but wasn't. The funds were sent to the CA Franchise Tax Board, where they apparently have been sitting for 5 years. I do not know where on the form 540 to fill out the numbers of sales price and amount withheld, and desperately need advise, ASAP!
Submitted: 5 years ago.
Category: Tax
Expert:  Brenda Guy replied 5 years ago.

You may have found yourself in a very unfortunate trap. In order to get the funds refunded you need to file the return, 540NR. You will only get a refund if you file within 2 years of the tax payment. It looks to me like you may be out of luck if the money was taken 5 years ago.

I would suggest contacting the California taxpayers advocate to find out exactly what you rights are. If anyone can help you they can. The advocate hot line is: 1-800-883-5910.

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