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We live in the state of Missouri. We file our taxes every

We live in the state...
We live in the state of Missouri. We file our taxes every year but last year we forgot to turn in our state tax form. We owed a little over $100 so I remember thinking we'd submit it on "payday" which was the following Friday. When we learned we had not paid it (due to a letter from the state) my husband mailed in a letter apologizing for our mistake (along with filing it at that moment), and asked for an "amended amount" that included any late fees. The letter they mailed us was saying we owed over $3000. It isn't like we didn't pay our tax. We did. We just forgot to mail in our return that year. The letter we received today said that our time has passed for an appeal and the amount is final. I didn't even know we could appeal (we were so confused by the whole tax thing anyway). Will it be helpful to us to contact someone to help us? I don't understand how they can demand $3000+ from us when we paid our taxes. An installment plan is out of our budget too as the monthly payments would be almost $300.

Thank you.
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Answered in 26 minutes by:
7/5/2013
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 13,275
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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NPVAdvisor :

Hi,

NPVAdvisor :

It's hard to see why they say that, unless there was some mistake in your return .

NPVAdvisor :

From their site:

NPVAdvisor :

What are addition to tax and interest charges?


An addition to tax is imposed for failure to file or failure to pay. An addition to tax is imposed for failure to fileby the due date at the rate of 5 percent per month, not to exceed 25 percent of the unpaid balance.

NPVAdvisor :

so that should be ... not to exceed $25 in you case

NPVAdvisor :

What may be happening here, is that they are not taking withholding into account at all

NPVAdvisor :

Also, just fund this:

NPVAdvisor :

Residents who receive a notice of adjustment or notice of deficiency must file their official protest of deficiency disputing their tax liabilities within 60 days.

NPVAdvisor :

Taxpayers can file appeals with the Administrative HearingCommission, an independent state government agency, to appeal the Department of Revenue's Final Determination ruling within 30 days of when the Department of Revenue mails its decision.

NPVAdvisor :

Sorry that was the URL for THIS site ... Here we go: http://www.ehow.com/info_7976389_missouris-statute-limitations-tax-debt.html

NPVAdvisor :

Did you have taxes withheld from your pay?

NPVAdvisor :

If your amount of 100 is even close then there's really something wrong with that $3000 number

NPVAdvisor :

I would speak with either a CPA or a tax attorney, but if there were funds withheld, you should be able to file at anytime to show that the amount you owe is not the entire amount... if that is what is making the number spo big

NPVAdvisor :

especially if you are within a year or so

NPVAdvisor :

Here's an attorney in MO that specializes in tax issues: http://www.carnahanlaw.com/IRS/motaxcollection.html

NPVAdvisor :

My advice wold be to file your return with them as soon as possible ... WHen you don't file they will calculate the number with whatever information they have

NPVAdvisor :

By filing your tax return - you are informing the department of revenue about your actual tax liability. They will review your tax return and if accepted,this assessment will be relieved.

NPVAdvisor :

Most of thme when they do this, they don't even use all of the deductions and credits that may be coming to you ... it

NPVAdvisor :

's essentially a scare tactic

NPVAdvisor :

By filing, you take all of that off the table and THEN you may owe a little interest

NPVAdvisor :

I still don't see you coming into the chat, so I'll move us to the Q&A mode ... we can still continue a dialogue there, just not in real-time chat as we can here

NPVAdvisor :

Let me know if you have further questions, but if you received a letter like this ... http://www.sedm.org/SampleLetters/States/Missouri/MO-ReqToFile2-20060924.pdf ... you need to simply send in your taxes, so that the amount owed can be adjusted.

NPVAdvisor :

hope this helps

NPVAdvisor :

Lane

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Hi Jennifer,

 

 

... just checking back in, as I never saw you come into the chat.

 

 

Again, they are probably simply calculating the tax without applying any of the deductions, credits or withholding that may apply.

 

 

Sending in your return (I would send it by certified mail/return receipt, so you have proof that it was received) is what will give them enough information to adjust the tax owed to right number.

 

 

Lane

 

 

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Customer reply replied 4 years ago


We mailed in our return when my husband sent the letter. We did have taxes withheld from our income that year. I don't remember a letter like that, but the letter we received today said we had ten days to pay. There is just no way I see that it is right for them to demand $3000+ from me when we only owed a little over $100. We had a refund this year of almost $160 which they took to put towards our last years return. It looks like we will have to contact some expert as we are not going to be "scared" into paying something we do not owe.



Jennifer,

Everything turns here, on getting that return filed.

What has happened is the two documents have essentially crossed in the mail.

Again they do this all the time (calculate the amount due as if you had no deductions and nothing withheld).

I would either

(1) Call and check to see if they had received the return and tell them that they have calculated the tax without applying your withholding and deductions ... and if they HAVE received the return, they the return shows the correct tax.

(2) If you can't get through, send in the return by FedEx or some other overnight service with a cover letter saying that the amount they say you owe is wrong.

(3) Take the return to the Dept of revenue yourself and file it manually.



An appeal doesn't really even apply here. This is just a case of their sending out a notice that has not applied your withholding and deductions. Getting the return filed is what fixes this.

You CAN send them an email as a second notification that you have now filed your taxes and that the amount they say you owe does not reflect taxes withheld and deductions and/or taxes due.

You do that here: [email protected]


Also see this:

Mailing Addresses & Phone Numbers

Individual Income Tax - Paper Returns

Refund or No Balance Due:

Individual Income Tax
P.O. Box 500
Jefferson City, MONNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>


Owe Balance Due:

Individual Income Tax
P.O. Box 329
Jefferson City, MONNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>






My best advice would be to use this address, (here, below) and send in your return, then call AND email to confirm that you've received it.

Once they've reviewed the return they WILL make the adjustments, and my bet is that you'll owe about $25 in late filing penalty.

Mailing Address for Express/Overnight Packages Only

Taxation Bureau
301 West High St., Room 330
Jefferson City, MO 65101



Send it in via Federal Express, they'll have it the next day.... and be patient for them to review ... keep your proof of delivery

Do NOT pay them the $3,000.

Lane

Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 13,275
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Thanks for the rating Jennifer!

You probably know this, or have a way you'd like to do it, but here's a site where you can input your zip code and find a FedEx location near you.

http://www.fedex.com/locate/


Lane

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Lane
Lane
Lane, JD, CFP, MBA, CRPS
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