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California Francise Tax Board had court issue garnishment of

California Francise Tax Board had...

California Francise Tax Board had court issue garnishment of my pension accounts with HSBC in New York City, claiming I owe them $14,182.54 from wages in 1992. I was not a California resident at that time but may have income from American President Lines located in Oakland, California. I received a total of $3,765 monthly between XXXXX XXXXXcock Annuity (my union pension fund) and social security. I have been a retired seaman here in Thailand since November, 1993. HSBC has issued a LGL document on 9/25/12 and docked my account the sum of $100.00. What is your advice? I had contacted the CFTB this morning and requested they provide me with the company I worked for. I was not a resident of Californian in 1992. They were unable to provide me with that information. I was requested to call them on Thursday, Wednesday their time.


 


My research has shown that they cannot granish social security or my XXXXX XXXXXcock Annuity pension benefits. In addition statue of limitations is 10 years. They are going back 20 years.Those two pension checks are the only income I have being deposited into my HSBC accounts. NOTHING ELSE!

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Answered in 7 hours by:
10/2/2012
Megan C
Megan C, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 16,581
Experience: Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level
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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.

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Megan C
Megan C, Certified Public Accountant (CPA)
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