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angelwork1111, Accountant
Category: Tax
Satisfied Customers: 21
Experience:  EA with 27 years of exper in tax and accounting. BSBA. Tax Problems Resolution. Indv, Corp, Partn, Trust
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follow up with my lien tax but i sent message to wrong category:

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follow up with my lien tax but i sent message to wrong category: real estate law i afraid it take long time for them to answer

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. How can I help? Thanks.

Customer: replied 3 years ago.

Previously on Thursday i had asked about how long is the expire on lien tax in California state. i provide informations about my tax lien : it was my mistakeby put my relative's moneys in bank and later return money back to them, but IRS thought that the money was income that i didn't report so they did audited and fined me in 1987,1988,1989. California state put a lien record in my county in 06/05/1995; and again renewed my lien record on 03/03/2005 in my county. On IRS I don't owed them any more because I did an Offer in compromise and they took it in early 2000.Few years later I did an offer with California state but they denied it. As of Thursday I chat with one tax lawyer in your group, I knew that California had a law that lien tax will expire in 10 yrs after it filed. But in my case I wonder why it didn't. Was there any mistake in my case? Is that my lien tax will expire in 03/03/2015 or is it will continue for another 10 yrs what if i want to eliminate my lien record right now? will you find out for me . Thank You

I am sorry for your struggles with the IRS and CA. I represented a client in a similar matter a several years ago. I do not know your nationality, but he was Chinese, and it is a very common custom that one family member hold the money for other family members. We had to obtain written letters from all family members, in country and out of country to prove that the money was not income. We were able to find some case law to back us up as well, so we got lucky. It was a lot of work and a hard case.

The California statute of limitations (R&TC Section 19255) is twenty years from the date of assessment plus an additional year for the Offer In Compromise. They do not count the period of time that they are stayed from collection actions, and the processing of an Offer In Compromise is a stay of action. CA only established a Statute of Limitations on collections of taxes in July 2006 when R&TC Section 19255 went into effect. Prior to that date, there was no Statute of Limitations or end to the tax collection period. Fortunately, the new Statute also went retroactively back to your assessment, so that you would fall into the 20 year time limit.

The Statute should expire on your CA assessment in 2015. After that time, you will be able to have the lien removed. Hopefully, the State will do it automatically, but you may have to make a request in writing that the lien be removed to be sure that it gets done.

I hope this answers your question. If so, I would appreciate you giving my answer a positive rating.

Thank you!

angelwork1111, Accountant
Category: Tax
Satisfied Customers: 21
Experience: EA with 27 years of exper in tax and accounting. BSBA. Tax Problems Resolution. Indv, Corp, Partn, Trust
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