Legal Question in Tax Law in California
Taxes that should not have been paid
In 2003 my siblings and I sold our parent's home after their death. The house is in California, as are my siblings. I live in Oregon. The title company handling the home accidentally had taxes withheld from all of us from the earnings of the house. We found out later this was not suppose to happen due to the inheritence. My siblings have already filed and received their refund back. I have yet to do so and want to now. I cannot get ahold of the California franchise tax board with an answer. So all I need to know is what 540 form do I use and do I file for the year the house was sold or use a 2005 form? Thank You so much for your help.
Maddy
2 Answers from Attorneys
Re: Taxes that should not have been paid
You need a form 540 for the year the property was sold.
Re: Taxes that should not have been paid
You would file using a 540NR, which is the form used by nonresidents of California. You will need to include a copy of your federal return, including Schedule D.
If you would like professional assistance with this matter, please feel free to contact my office.
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