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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 10173
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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I filed my federal income taxes every year, but I haven't

Customer Question

I filed my federal income taxes every year, but I haven't filed a Kansas personal income tax in 16 years until recently.i might note that I have lived at the same Kansas residence for past 30 years and I hadn't received any notices or letters from department of revenue pertaining to not filing. So I decided to resolve this matter and I called the Kansas dept. of revenue and customer service lady laughed and couldn't believe I fell through cracks of system for 16 years. I asked her how far back do I need to file and she said 5 years so I did. I got letter from dept. of revenue stating I only owe for tax years 2012,2013 and 2014.it stated because of a 3 year statue they couldn't process tax years 2010 and 2011 and they were 0 balance due to that. but I got a letter from division of compliance and enforcement stating the same, but they said I have to pay taxes from 2009. I asked them how was that possible and all she would say was another dept. handled that year.
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

That's a good one.

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This is probably coming from the fact that there is no limitations on the collection of taxes in Kansas. They have three years from the original due date of a tax return to make adjustments to it, but no limitations on collection activity.

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My guess is that 7 years is usually the longest time period most taxing authorities keep records and that's about to lapse for 2009

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Let me see what I can find on this ... just a sec...

Expert:  Lane replied 1 year ago.

I just looked at the KS code and the way it's worded is around assessment.

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Taxes have to be assessed by three years after the latest of: 1) the date the original return is filed; 2) the date the original return is due; or 3) the date the tax due on the return is paid. Taxes can also be assessed up to one year after an amended return is filed, if filed later than the dates above.

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And yes, as far as collection goes, the only statute on the books is relating to tax LIENS and that's a 10 year statute

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See this:

http://kslegislature.org/li_2012/b2011_12/statute/079_000_0000_chapter/079_032_0000_article/079_032_0035_section/079_032_0035_k/

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That's the law.

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Why 2009? - Might very possibly be as far back as they have records

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Hope this helps

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Let me know if you have questions

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Lane

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Expert:  Lane replied 1 year ago.

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