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Anne_C
Anne_C, Tax Attorney
Category: Tax
Satisfied Customers: 2302
Experience:  Attorney, JD awarded with Certification in Tax Law
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I am a very small business owner who holds a CA resell permit.

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I am a very small business owner who holds a CA resell permit. I filed my 2008 and 2009 tax returns but failed to pay the $300 fees. I recently received a Notice to Appear, but I opened it after my court date. The notice was for me to appear regarding my sellers permit or if I no longer do business to notify them so they can close my account. At the bottom of the page there is a warning that says that if I have continued to conduct sales, which I have, I am subject to criminal penalties and/or fines up to $5,000 for each offense. I guess they revoked my permit in 2009 but I overlooked the notice. Will they really charge me with a misdemeanor or $5,000 fines if I admit I have continued to conduct sales? I honestly didn't know they revoked me.

Good Evening -

I am a California litigator, and a tax law practitioner - and yes, you can be charged with misdemeanor(s) for this.

In California, serving someone with notice by mail is statutorily sufficient, although the Courts need to add 5 days for service by mail. For example, if something was mailed on April 7, 2011, the date for the "clock to start ticking" is April 12, 2011.

So - not opening your mail is not a valid defense. However, if notice was mailed on April 7, 2011 and the date you were told to stop doing something was April 8, 2011, you have a valid defense - at least until April 12, 2011.

Before you get in any more hot water here, you need to find administrative law attorney to assist you with this. www.findlaw.com is a good resource.

Customer: replied 5 years ago.
So in your opinion, if I were to call them, I couldn't just pay my $300 balance and reinstate. They would be more likely to require me to appear and charge me with fines or a misdemeanor?

JustAnswer's terms of service don't allow me to provide you with a legal opinion.

However, I can tell you that if I were in your position, I WOULD call and ask them to do what you are suggesting - the worst they can do is say "no", AND they may agree.

I would not, however, show up in person and ask them - because I would expect that the an Order to Show Cause was set and I could be held in contempt - in addition to having potential misdemeanor issues.

Anne_C and other Tax Specialists are ready to help you
Customer: replied 5 years ago.
Thank you!

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