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The NC Department of Revenue has filed an assessment against…

The NC Department of Revenue...
The NC Department of Revenue has filed an assessment against me for failing to file my 2013 return. I thought I had filed it and had a copy in my files, so I re-filed the 2013 return. Now two months later, they have garnished my bank account. As aggravating as that is, I can get it straightened out relatively soon, but the assessment they made assumed that I have not paid any tax for 2013, even though my wife and I are both wage earners and had paid the entire tax liability through withholding. NCDOR, however, despite having knowledge of the withholding payments, calculated the assessment as if we had paid no withholding. That seems patently unfair if not fraudulent. Do I have any recourse against the NCDOR?
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Answered in 17 minutes by:
9/21/2017
Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 4,216
Experience: 3+ decades of varied tax industry exp. Tax Biz owner
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Hello. Thank you for choosing this Q&A service for assistance. My name is Angela. I will be assisting you.

As aggravating as the situation is, when a person does not file a tax return, whether intentionally, or unintentionally, taxing agencies basically file one for them, referred to an a Substitute for Return (SFR). When an SFR is filed, only the standard deduction is applied, nothing else, withholdings, credits, deductions, etc. This sounds like what happened in your situation. Your question is do you have any recourse against the NCDOR? SEE BELOW:

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Collections

You are responsible for the full amount of tax you owe, but the Department will not take action to collect from you until you have had an opportunity to pay voluntarily. It is important that you respond promptly if the Department contacts you for payment. If you do not pay the amount of tax, penalty, and interest you owe within 90 days after a notice of collection was mailed to you, the law requires the Department to add a 20% collection assistance fee to your debt. The fee does not apply if you enter into an installment payment agreement with the Department before the fee is imposed.

If you do not pay in full, the Department may garnish your wages, bank account, or other funds, seize and sell personal property, issue a tax warrant to your sheriff, or record a certificate of tax liability against you. If you willfully fail to pay the tax, you may be subject to criminal charges. If the Department believes that you owe tax and collecting that tax is in jeopardy, the Department can immediately assess and collect the tax. You are entitled to a Departmental review of the actions taken on the jeopardy assessment. If you disagree with the review findings, you have the right to bring civil action in Superior Court.

REFERENCE SOURCE:

http://www.dor.state.nc.us/taxes/rights.html#assistance

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Tax.appeal.168, Tax Accountant
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