Contact UsHi Tax Questions: I have not filed a form 540 since 2010. For 2011 I had a loss from a schedule C business, and therefore have not filed . The FTB sent me a tax bill based on my gross income for 2011. As a result, I have paid off their "tax" in full plus penalties, etc. I am not getting ready
to file the 2011 return, showing a loss, and a total refund of the tax that I paid. Will I get a refund of all the payments I have made including penalties and interest since I had ZERO tax liability for 2011?
thanks for your answer,
Chris
thanks for your answer,
Chris
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Tax Professional Answers
John Stancil
Probably not. The California FTB statute of limitations for refunds is four years after the original due date of the return. The 2011 return was due April, 2012. So the statute of limitations ran out on 2011 refunds on April 15, 2016. You may request a waiver, but don't get your hopes up. I would base an appeal on the fact that the tax was assessed without a return being filed.
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412 weeks ago
NEERAJ BHATIA, CPA
For FTB, a taxpayer can file a claim for refund upto the later of: Four years after the original return due date, Four years after the date of a timely filed return OR One year from the date of overpayment.
If Chris has recently paid the tax bill for 2011, he has one year from the date of payment to file the return to claim a refund.
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411 weeks ago
If Chris has recently paid the tax bill for 2011, he has one year from the date of payment to file the return to claim a refund.
John Stancil
Probably not. The California FTB statute of limitations for refunds is four years after the original due date of the return. The 2011 return was due April, 2012. So the statute of limitations ran out on 2011 refunds on April 15, 2016. You may request a waiver, but don't get your hopes up. I would base an appeal on the fact that the tax was assessed without a return being filed.
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412 weeks ago
NEERAJ BHATIA, CPA
Once the FTB processes and accepts the 2011 Tax return that you would file and determines that you had Zero liability, they would get refund of tax excess paid for that year. However, if you owe taxes for other years, then they may adjust the refund against the taxes owed for those years.
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411 weeks ago