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Well, I live in California, for 6 years now and was just hit…

Customer Question
Well, I live...

Well, I live in California, for 6 years now and was just hit with a Wage Levy from Massachusetts DOR ...from year 2004 !

Accountant's Assistant: The Accountant will know how to help. Please tell me more, so we can help you best.

What are my options for fighting this ? It looks like my company is going to honor it and start paying it on the 30th !

Accountant's Assistant: Is there anything else the Accountant should be aware of?

I did not receive the notice via Certified mail

Submitted: 3 months ago.Category: Tax
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Customer reply replied 3 months ago
I thought there was a statue of limitations and this was not legal... I do not that Mass DOR is notorious and desperate for funds .. Is there anything I can do to stop this ? How much will they take ?
Answered in 3 hours by:
3/26/2018
Tax Professional: taxmanrog, Certified Public Accountant (CPA) replied 3 months ago
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Tax
Satisfied Customers: 1,138
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
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Welcome to Just Answer! Thank you for giving me the opportunity to assist you! I will do my best to help!

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Tax Professional: taxmanrog, Certified Public Accountant (CPA) replied 3 months ago

Did you file your MA 2004 tax return? It would have been due April 15, 2005.

Whether you did or not determines whether or not the statute of limitations is still open. If you filed the return, the Statute of Limitations on "ASSESSMENT" is three years from the date filed or the 15th of April, whichever is later. The Statute of Limitations on "COLLECTION" is ten years from the date of assessment. If you ever entered into a payment agreement, the DOR requires you to extend the collection statute to collect to forever!

So if you filed the tax return, they could have assessed the tax within three years. Often it is a shorter period - usually about two years. They then have 10 years to collect that assessment. So, if you filed in 2005, and they assessed in 2007, they could only have until 2017 to collect. If they waited until the end, and made the assessment around April 2008, then the statute is still open for a couple more weeks.

If you never filed a tax return, the statute of limitations never starts, so they can come back 20 years from now and collect.

If you did file your return for that year, I would contact them and see when the assessment was made. If it was any time before March, 2008, then they are beyond the collection statute.

They could very well be beyond the statute and still trying to collect. I just sent a letter to the State of IL, which is trying to collect a debt that is several years beyond the statute of limitation period. The collections officer joked that I would be surprised at the number of people who just pay.

If you are interested, I can offer a premium service, and I can contact the MA DOR and see what is going on. But I feel that this is something you can do. If you try and cannot resolve it, let me know and I will be happy to assist.

I hope this helps you! If you have any more questions, please feel free to ask and I will be happy to answer.

Thanks! Have a great week!

Roger

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Tax Professional: taxmanrog, Certified Public Accountant (CPA) replied 3 months ago

I have not heard anything from you. Did you have any questions?

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