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Anne, Master Tax Preparer
Category: Tax
Satisfied Customers: 2336
Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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In 2011 i was a victim of identity theft. After a year long

Customer Question

In 2011 i was a victim of identity theft. After a year long struggle i was able to obtain my tax return and was grant a pin number to use going forward from that year. I have had no issues with my return until this year. I received a notice of proposed assessment for the 2011 tax year. I sent in letter of protest along with my I.D and SSN card. I received another notcie so i sent in another letter of protest. When I received my tax return this year it was split in half with most going to federal treasury offset program. I was told that it might take up to 8 months for them to investigate and reach a decision to give me the other half of my tax return. I received today a letter from the state of california tax board FTB 4046 (rev 05-2007). i have no idea what this letter means. It says its canceled the notice of proposed assesment of 2011. the payment inofmation provided from the offset program has been applied to my account for 2011.
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Submitted: 5 months ago.
Category: Tax
Expert:  Anne replied 5 months ago.
HiI'm Anne I've been preparing taxes for 28 years, and I'll be happy to help you. I'm truly sorry that you've been a victim of identity fraud. It is one of the most frustrating crimes for the victims, because it's so invasive and crosses so many lines, (bank accounts, cc's, tax returns, etc...I'm sure you're painfully aware of all this.......and more) The state of CA charges all businesses a "Franchise Tax" for the pleasure of operating any type of business in their state. The letter that you mentioned, FTB 4046, is a letter CA sends to owner/operators of a business carried on within the limits of the state of CA. So, apparently whoever stole your SS# ***** a business within the state limits, and CA has determined that this was NOT you. I would hold onto that letter, since it is tangible proof that CA franchise taxing authority has determined that you were not a business owner/operator within the state limits in 2011. This is a tax that needs to be paid annually, so this could be something you could unfortunately run into again. That letter may also help you as a piece of the overall picture of proving you don't owe any additional taxes, that this related to the identity theft. I totally get that you have done everything in your power to clear this up in a timely fashion, andunfortunately, the ball is the IRS's court. At this point in time, you need to wait for their reply OR until the time limit (8 months ) expires, whichever comes firstYou may want to review this: You should have received the information re: the specific agency that filed for the lien on your taxes, and you can (and should) contact THEM to help resolve this in a more timely fashion. If you can get things resolved with THEM, that should cut down the time IRS needs to investigate. I TOTALLY get how frustrating this whole issue is, and I honestly believe that you couldn't have seen this coming......please keep all letters from the IRS, and the state of CA. ESPECIALLY those that state that they have released any lien (like the FTB 4046 letter) much as I hate to say this, this MAY not be over yet...... If you have found my answer helpful, please take the moment to rate positive by clicking on the stars.It is ONLY through positive ratings that we are compensated for our time and knowledge. Thank you for choosing justanswer.

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