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Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Experience:  3+ decades of varied tax industry exp. Tax Biz owner
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I have letter that In 2005 that I had a tax return, How do

Customer Question

I have letter that In 2005 that I had a tax return, How do I find out if I can still apply too collect it.
Submitted: 2 years ago.
Category: Tax
Expert:  Tax.appeal.168 replied 2 years ago.
Welcome. Thank you for choosing us to assist you. My name is ***** ***** my goal is to help make your life, a little... less taxing.
I am assuming that you mean a refund from 2005. Unfortunately there is only a 3 year statute of limitations for collecting refunds from the IRS. SEE BELOW:
Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid.
REFERENCE SOURCE:
https://www.law.cornell.edu/uscode/text/26/6511
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State of California (4 years) unless an exception is met:
General SOL rule
In general, a taxpayer can file a claim for refund the later of:
Four years after the original return due date.
Four years after the date of a timely filed return.
One year from the date of overpayment.
Exceptions
The following SOLs are common exceptions to the general SOL rule:
Federal waiver :The SOL is the later of six months from the expiration of the federal waiver or the general SOL.
State waiver:The SOL is the later of the general SOL or the expiration date of the waiver.
Action by IRS:The SOL is the later of two years from the date of the final federal determination or the general SOL. For more information, see FTB Publication 1008, Federal Tax Adjustments and Your Notification Responsibilities to California.
Military:See FTB Publication 1032, Tax information for Military Personnel – Section K
REFERENCE SOURCE:
https://www.ftb.ca.gov/individuals/Claim_For_Refund.shtml#_Statute_of_limitations
Let me know if I can be of further assistance to you regarding this matter.