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CGCPA
CGCPA, CPA
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Tax question regarding the State of Ohio. I recevied a 2010

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Tax question regarding the State of Ohio. I recevied a 2010 Ohio Income Tax Refund Offset form that took my state tax refund (mere $85) for a 2002 Ohio School Tax bill. How is this possible? Not only have I never about the existence of such a bill, but this is 8 years ago. I only have tax forms from the last 7 years, not 2002. Is this legal? Can I fight it? How do I stop them from picking another year, say 1997, and now say I owe?
Submitted: 3 years ago.
Category: Tax
Expert:  CGCPA replied 3 years ago.

Welcome to Just Answer. I am here to help you resolve your tax and finance concerns. Please feel free to ask anytime you need extra help.

 

You can fight this if they are in error. The first step is to determine if they are correct. To do so you will need to contact them by mail (registered return receipt) and request proof of their assertion. You can also inquire in your letter concerning "are there any other open items". Having this you will need to decide if it is worth fighting - the cost may simply outweigh the potential benefits. If they cannot prove their claim you can file a protest and request a hearing to determine if you are entitled to your money back. Up to this point you can represent yourself. If you decide to go to court rather than a hearing you will need an attorney. Then the matter becomes a losing battle. And, yes what they are doing is legal. Many states are now searching their records for any "open" items they can collect to help offset their budget problems.

Customer: replied 3 years ago.
I have already written a letter requesting their evidence and any other related supporting evidence. I always thought that there was a 7 year limit on tax audits and related collections as I no longer have such records. Does the 7 year limit still apply? Or only to the Federals? In this case, the amount is very low ($85). Fighting it would cost more than $85. Is there any way to prevent the State from picking any old date and saying tax was not paid? There has to some statute of limitations. I have not looked into tax law much as I am only a part-time paralegal in the area of constitutional law. Also, in this case, I was not even a resident of the State of Ohio for 2001-2002.
Expert:  CGCPA replied 3 years ago.
The statute of limitations is three years unless fraud is suspected when it changes to seven years. There is no limitation on collections from you. If you were not an Ohio resident how did they ever decide you owed them anything? Sounds like a very possible error to me. However, you are right, there is a point at which $85 just in not worth a fight unless you are just into the principal of things. Actually, there is nothing stopping them from going back to any year except, of course, before you were born. There should be a statute of limitations on this. Unfortunately, you and I do not write the law.
Customer: replied 3 years ago.

Where would I find the laws regarding the above? From your answer, the 3 years applies to an audit - is this correct? However, they could try to collect from any year - is this correct? Does this imply that one should keep tax records forever now? Sounds like the deck is slanted in favor of the State. As I said, I have never done any tax law.

Just let me know the last points when you can as I work during the day.

Expert:  CGCPA replied 3 years ago.

3 years for an audit

7 years for audit if fraud suspected

No limit on time for collections

 

Here is the link to the Ohio Tax Department's web site. It will take a great deal oh hunting. This is just not knowledge they promote.

 

http://www.tax.ohio.gov/

 

You should, at least keep the returns themselves for 10 years although most of us do not do that (me included). The real problem is that the states are all stretching the issue in their quest for money.

CGCPA, CPA
Category: Tax
Satisfied Customers: 3742
Experience: over 40 years experience in tax matters
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