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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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A client did 7 years of back taxes. Some of these years she

Customer Question

A client did 7 years of back taxes. Some of these years she was entitled to a refund but too late to claim it. Can that be considered taxes paid to the state on the schedule A for the year in which they were filed?
Submitted: 6 months ago.
Category: Tax
Expert:  Lev replied 6 months ago.
You are correct - there is three year statute of limitation to claim a refund.So refund still may be claimed for 2012 tax return if filed today - the statute of limitation will run out on Apr 15, 2016.For tax years before 2012 - refund will NOT be issued.Regarding deducting state taxed on schedule A - these are deducted for the year when taxed are actually paid.The forfeited refund is not considered as "paid" But for instance for state taxed that were withheld from wages during 2015 are considered as PAID in 2015 and may be deducted on 2015 tax return regardless if a part of these taxed will be later refunded. If state taxes will be later refunded in 2016 - a part of that refund might be taxable income for 2016.Correspondingly if state income tax were withheld from 2011 wages - these amounts are deducted on 2011 tax return schedule A - regardless if refund will never be claimed or will not be issued because of the statute of limitations.Questions?
Customer: replied 6 months ago.
And if a state refund was never claimed and therefore 'taken' by the state for a back year, can we claim that as taxes paid in the year that we filed the return?
Expert:  Lev replied 6 months ago.
Not in the year you file the tax return - but in the year taxed WERE PAID...I appreciate if you take a moment to rate the answer.Experts are ONLY credited when answers are rated positively.If you still have any doubts, need clarification - please be sure to ask.I am here to help you with all tax related issues.