Tax

Have a tax question? Ask a tax Expert

Ask an Expert,
Get an Answer ASAP!

I owe NYS tax from 2008 with interet and penalty. I never…

Customer Question
I owe NYS tax...

I owe NYS tax from 2008 with interet and penalty. I never filed a return for that year. I have filed every other year. I owe 9800 with interest and penalty. The tax was about 4400 when they sent it to me. I sthere a way to eliminate penalty and interest and then pay the tax off

Accountant's Assistant: The Accountant will know how to help. Is there anything else the Accountant should be aware of?

Dont think so

Submitted: 2 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 5 minutes by:
2/12/2016
Tax Professional: Tax.appeal.168, Tax Accountant replied 2 years ago
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,653
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
Verified

Q: I sthere a way to eliminate penalty and interest and then pay the tax off

A: Unfortunately, as you did not file a return for that year, it is likely that an abatement of the penalties and interest will not be granted. In order to obtain an abatement of the penalties and interest, you would need to have a reasonable cause. A reason that is considered reasonable cause to the taxing agency, not yourself. SEE BELOW:

------------------------------------

20 NYCRR § 536.1(c), entitled “Penalties and interest,” provides for waiver of penalties if a taxpayer’s failure to pay “was due to reasonable cause and not due to willful neglect. 20 NYCRR § 2392.1(g) provides that a taxpayer has acted with reasonable cause when he has acted in reliance on “professional advice… provided such reliance was reasonable and the taxpayer had no knowledge of circumstances which should have put the taxpayer upon inquiry as to whether such [advice was] erroneous.” According to 20 NYCRR § 2392.1(g), circumstances that indicate reasonable cause also include “an honest misunderstanding of fact or law that is reasonable in light of the experience, knowledge and education of the taxpayer. In addition to the specific examples of reasonable cause provided in 20 NYCRR § 2392.1(g), 20 NYCRR § 2392.1(d)(5) provides a general test. 20 NYCRR § 2392.1(d)(5) provides the following general test for determining whether the failure of a taxpayer to pay sales tax was due to reasonable cause: “Any other ground for delinquency which would appear to a person of ordinary prudence and intelligence as a reasonable cause for delay and which clearly indicates an absence of willful neglect may be determined to be a reasonable cause.” Finally, 20 NYCRR § 2392.1(b) provides that a taxpayer’s past compliance with the Tax Law is probative of whether his failure to pay a sales tax liability was due to reasonable cause: “In determining whether reasonable cause exists, in addition to an evaluation of [other] facts, the taxpayer’s previous compliance record with respect to all of the taxes imposed pursuant to the Tax Law may be taken into account.”

REFERENCE SOURCE:

http://nytaxattorney.com/2012/08/15/legal-basis-for-seeking-abatement-of-new-york-state-tax-penalties/

Let me know if I can be of further assistance to you regarding this matter.

Ask Your Own Tax Question
Customer reply replied 2 years ago
Since I may not a valid reason under these laws do they consider medical hardships as I have a son finishing up leukemia treatment and have many bills. Also if nys cares about none of this will they accept a payment plan?
Tax Professional: Tax.appeal.168, Tax Accountant replied 2 years ago

As taxing agencies handle these matters on a case by case basis, a serious medical hardship may qualify as a reasonable cause. If they do no accept the medical hardship as a reasonable cause, you can request to be placed on an installment agreement. SEE BELOW:

--------------------------------

We base the decision to allow an IPA on a thorough review of:

  • prior history of compliance,
  • current financial condition, and
  • adherence to all Department requirements

To make your request:

  • Log in to your Online Services account (or create an account if you don't already have one), select Payments, bills and notices, and then Request an installment payment agreement; or
  • Have a copy of your bill and call(###) ###-#### ***** your taxpayer ID number, and enter the four-digit PIN provided on your billing notice

REFERENCE SOURCE:

https://www.tax.ny.gov/pay/all/ipa.htm

Ask Your Own Tax Question
Was this answer helpful?
Ask Tax.appeal.168 Your Own Question
Tax.appeal.168
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,653
4,653 Satisfied Customers
Experience: 3+ decades of varied tax industry exp. Tax Biz owner

Tax.appeal.168 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,338 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,495 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

PhillipsEsq.

PhillipsEsq.

Attorney-at-Law

59 satisfied customers

B.A., M.B.A, J.D.

Robin D.

Robin D.

Senior Tax Advisor 4

15,272 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,655 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

< Previous | Next >

Related Tax Questions
I have an installment agreement with irs. It is supposed to
I have an installment agreement with irs. It is supposed to be withdrawn on the 1st of the month. My direct deposit went in 1 day late this month so the payment didn't clear at the bank. willthey try … read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,495 satisfied customers
Are installment sales of rental real estate sales allowed in
Are installment sales of rental real estate sales allowed in PA or does the entire gain have to be reported on the pA-40 return in the year of sale, regardless of whether the payments are being made i… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,244 satisfied customers
What is my capital gains tax liability on commercial
what is my capital gains tax liability on commercial property inherited in 1991. assessed value at the time of inheritance was $171,000. Selling price would be $850,000; $200,000 at time of sale - bal… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,244 satisfied customers
If there is no federal tax liability in 2016 because there
If there is no federal tax liability in 2016 because there was no income in 2016, what is the minimum estimated tax that needs to be sent with the extension for 2017 to avoid a penalty?… read more
Tax.appeal.168
Tax.appeal.168
Tax Accountant
4,653 satisfied customers
My state, Utah, does not require a state payer ID when there
My state, Utah, does not require a state payer ID when there is no withholding for 2017 FORM 1099-R, but TurboTax will not file my return without the 14 digit Payer's State Number. I have called the p… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
I am working on the Form 6252, Installment sale Income. My
I am working on the Form 6252 , Installment sale Income. My client Sold in 2016 her business and on the 2016 she received her first payment and the final payment is 2017 for whom i am doing the tax re… read more
Dr Arthur Rubin
Dr Arthur Rubin
Doctoral Degree
24 satisfied customers
My return indicates an error at State Taxes & Interest
My return indicates an error at State Taxes & Interest worksheet, indicating I have to fill in " 1.b.2" I can not do that because I haven't lived in any state other than FL during 2017. I don't know h… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
On line 17, Form 1120 ,C Corp Federal Tax return are state
On line 17, Form 1120 ,C Corp Federal Tax return are state corporate income taxes deductible.If I am doing my Federal C Corp returns for 2017 are the state corporate income taxes due but not paid yet … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
I have a tax liability with the State of Wisconsin. Can the
I have a tax liability with the State of Wisconsin. … read more
Mark Anderson
Mark Anderson
Attorney
Doctoral Degree
10 satisfied customers
Will an installment agreement to pay back taxes with the IRS
will an installment agreement to pay back taxes with the IRS impact my ability to get a mortgage… read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,132 satisfied customers
I owe taxes in 2007 with an installment agreement set up
I owe taxes in 2007 with an installment agreement set up last year.....even though I make payments as required the interest added causes the balance to go up. Being that in 2018 this year will be 10 y… read more
Carter McBride
Carter McBride
LLM
1,077 satisfied customers
Is it a head ache to except the sales tax Id for other
Is it a head ache to except the sales tax Id for other business ? For example, when I buy something from a business I have my sales tax Id. I meet a lady who has a store that may be interested in buyi… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I have a question regarding IRS installment agreements. I am
I have a question regarding IRS installment agreements. I am a self-employed sole prop that is running a company that has grown quickly the past few years. I am paying on an IA from 2014-15 (balance a… read more
Chad EA, CFP ®
Chad EA, CFP ®
IRS Enrolled Agent, CFP(R),
Master\u0027s Degree
2,244 satisfied customers
I have an existing installment agreement. I need to change
I have an existing installment agreement. I need to change the checking account from which it is drawn. I was told by the IRS that I would need to complete a 433 and submit it. I cannot find an email … read more
PDtax
PDtax
Owner
Master\u0027s Degree
1 satisfied customers
If I owe taxes and i have an installment agreement and I get
if I owe taxes and i have an installment agreement and I get married can that affect my new husband … read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,495 satisfied customers
I have an installment agreement with IRS for monthly
I have an installment agreement with IRS for monthly payments. I paid 8 days late on this months payment. Can they cansel the agreement??… read more
Richard
Richard
Tax Attorney
Doctoral Degree
4,495 satisfied customers
I have an established installment agreement but have lost my
i have an established installment agreement but have lost my job...how do i cancel the agreement or get it on "hold" until im working again? thank you, albert … read more
Mark Taylor
Mark Taylor
Certified Public Accountant
Masters
2,296 satisfied customers
I have a installment agreement to pay FICA taxes that I
I have a installment agreement to pay FICA taxes that I could not pay in past years from employee with holdings. Can I deduct the tax portion paid on the installment agreement, since it wasn't deducte… read more
Tax.appeal.168
Tax.appeal.168
Tax Accountant
4,653 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x