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We have New York State telling us we didn't file a return…

Customer Question
We have New York...

We have New York State telling us we didn't file a return back in 2008. All my 2008 files are trashed. We filed all our appropriate returns, etc. To bring this claim to us 10 years later is ridiculous. What can I do?

Accountant's Assistant: Have you talked to a NY lawyer about this?

No, the amount they say is owed is $2,558.96. We are not rich people. And besides, all returns were files, I should not have to prove that.

Accountant's Assistant: What steps have you taken so far?

Just trying to find anything that hasn't been trashed to no avail and some internet research.

Accountant's Assistant: Anything else you want the lawyer to know before I connect you?

We are a PEO located in Collierville, TN. We did the payroll for two small companies that were located in New York back in 2007 & 2008. We always file all required tax returns with all the states we do business with. But we are small with little profit margin. We get the small companies the big payroll guys don't want to mess with. We collected the taxes and we paid the taxes. I might add these two small companies had total revenue of less than $50,000 per year. And I remember that it was so difficult to do business with the state I determined I would never again do payroll for any company located in New York.

Submitted: 3 months ago.Category: Tax
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Answered in 31 minutes by:
3/22/2018
Tax Professional: Barbara, Enrolled Agent replied 3 months ago
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 6,187
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified

Welcome to Just Answer. My name is ***** ***** I will be happy to assist you.

Unfortunately, there is no statute of limitations when a return was not filed, which is what NY is claiming.

The burden is on you to prove that you filed the return and made the appropriate payment.

I wish I had better news for you.

Thank you and best regards,

Barb

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