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I recently filed amended federal tax returns (1040x) for…

I recently filed amended federal...
I recently filed amended federal tax returns (1040x) for 2013 and 2014. I have received a refund for 2014 and am answering some additional questions for 2013. Do I need to file amended tax returns for state tax returns. My calculations show that I should receive a refund on both.
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Answered in 4 minutes by:
9/25/2017
Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,430
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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You should if this generates a refund. And depending on the state, you may get an automatic notice to file at some point in the future. (Many times these systems force you to file in order to document withholding amounts).

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And in most states, there is no statute of limitations on assessing a tax when a federal return was amended and no state return was amended.

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States have been more aggressive in attempts to collect revenue over the last several years. I have clients that have come to me when getting state assessments from as long as 15 years ago.

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Filing the amended returns may preempt future problems.

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Please let me know if you have ANY questions at all, before rating me.

If this has helped, and you DON’T have other questions … I'd appreciate a positive rating (using the stars or faces on your screen, and then clicking “submit")

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Lane

I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986

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Customer reply replied 8 months ago
Do you know what the situation is with Massachusetts?

Let me check

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Looks like you're ok..see the first link on this page (I'd still keep documentation of payments/withholding)

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http://www.mass.gov/dor/individuals/filing-and-payment-information/guide-to-personal-income-tax/administrative-tax/federal-changes.html

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From there: (A different issue from the lack of a statute for an assessment when they feel that you owe more).

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Personal Income Tax
If, as a result of a change by the federal government in a taxpayer's federal taxable income, a taxpayer believes that a lesser tax was due the Commonwealth than was previously paid, the taxpayer may apply to the Commissioner of Revenue for an abatement within one (1) year of the date of notice of the final determination by the federal government. The one-year rule also applies to a final determination of a change made by the IRS, which was initiated by the filing of an amended federal return by the taxpayer. For further information, see Chapter 485 of the Acts of 1998.

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Closer to the issue is the following:

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Taxpayer Assessments - To Report an Increase in Tax as a Result of a Federal Change:

  • Personal Income Tax - Within One Year from Taxpayer's Receipt of Notice of Final Federal Determination:
    Massachusetts requires that, if the federal taxable income of a taxpayer is finally determined by the federal government to be different from the taxable income as originally reported, such final determination should be reported on an application for abatement, accompanied by payment of any additional tax due and be received by DOR or be postmarked by the United States mail within one year from taxpayer's receipt of notice of such final federal determination.

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ANd even closer (but again this deals with MORE being owed):

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  • Taxpayer Does Not Report the Change - Two Years from DOR's Receipt of Information from the Federal Government:
    If the taxpayer does not report the change, DOR has two years from DOR's receipt of the information from the federal government to assess any additional tax resulting from the federal change, regardless of any other assessment limitations.
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Because they've dealt with the issues as they have, it might be a fairly safe assumption that they are not going to assess the tax owed (as if the withholding or payment wasn't done) and they will simply treat this as what they call an "excess collection."

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If you don't WAN'T to file the amended return to get the additional refund, again, I'd simply be sure to keep documentation,

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But because when one NEVER files, there is no statute of limitation (the clock never starts ticking) and I HAVE seen states simply make people prove MANY years after the event that they did file, because of this issue (said differently, using that excuse, that when a return isn't filed, the statutory clock never starts ticking) there's another reason to keep your documentation

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If this has helped, and you DON’T have other questions … I'd appreciate a positive rating, using the stars or faces on your screen, and then clicking “submit" – You may need to scroll up to see the stars.

...

But if you need more on this, please let me know.

Lane

Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 14,430
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified
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