Legal Question in Tax Law in California
Old penalty for non-filing in California
I have just received a notice from the California
Franchise Tax Board, after returning to the US following
11 years living abroad. In my youthful wisdom in 1991, I
remember noting that I didn't owe California tax for the
1990 tax year, and so didn't file a California income tax
form for 1990. I returned to the US a little more than a
year ago and have just received a notice of ''Penalty,
Interest, and Fee Waiver Opportunity'' for the tax year
ending 12/1990. The tax they claimed I allegedly owe
on top of the penalties California is adding amount to
more than three times the alleged tax debt. I only have
about 5 days to respond, and California says that iif I do
so, that I will 'only' have to pay the initial 'debt.' I thought
that the Statute of Limitations lasted 4 to 10 years.
What should I do?
2 Answers from Attorneys
Re: Old penalty for non-filing in California
Thanks for your posting.
As Ms. Segel noted, there are many other details needed to answer this question, but if you did not file, the statute of limitations (which is 3 years as to any federal liability), is tolled, so the statute of limitations would not apply in your case. Fees, penalties, and interest, are extremely negotiable, and I would recommend having a professional deal with both agencies to reduce the debt as much as possible and obtain a payment plan for you, through an offer and compromise, or otherwise.
I hope this answer was helpful, but if you need more information, have questions, or need representation, please feel free to email me directly at [email protected]. I'm happy to help if I can, and best of luck.
Re: Old penalty for non-filing in California
Nothing in this response is deemed to constitute
an attorney-client relationship.
The facts you give are too sketchy. You need
a tax attorney. You should pay the FTB demand
and then have an attorney challenge it afterwards.
This office has substantial tax expertise, so
you may call for a consultation.