Thanks for asking your question! I'm sorry to hear about your tax issue and I'm going to try my best to help you understand or resolve it.
Thank you for your question. First, the statute of limitations starts ticking when tax is assessed. That means that if you never filed a California tax return, the statute is unlimited. Once they assessed the tax liability, then they have 10 years to collect from the date the tax is assessed.
If you were simply working for an employer that was from California in 1992, and did not actually physically do any work inside the state, then you wouldn't be liable for the tax. If you were in California temporarily and did work, even though you weren't a resident you will be taxed on the wages you earned while in California temporarily.
Also, according to the social security administration, "If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407)
. " - The California Franchise Tax
Board is not the federal government. (Click here
for the actual webpage where that is stated).
Also, California law
protects your private pension from creditors both before and after distribution. This is regardless if your pension is 'qualified' or 'not qualified.' Of course, there are exceptions, but that's the federal government, and child support/alimony obligations. CLICK HERE
to read about it.
If the state is improperly garnishing your pension and social security, I would suggest contacting an attorney in California to send a letter to the FTB informing them that their actions are improper. You can call and deal with them on your own, but they might listen to an attorney better. ** Please take a moment to rate my response as "Excellent" so that I may be compensated for assisting you today. Please let me know if my assistance was anything less than "OK Service", as I am compensated based on whether or not I have assisted you with your issue. If you need further clarifications, PLEASE WAIT TO XXXXX ANSWER UNTIL AFTER RECEIVING FOLLOW UP FROM ME. If I receive anything less than OK Service, I do not get paid, but the Web site will still collect your payment. Thank you for your kind understanding in this matter. If you have difficulties rating, then simply respond stating that you are having difficulties rating and thank me for my excellent, good, or ok service and we can get the rating applied by the site**