So I have a job that keeps me on the road for weeks at a time, as a result I do all my bills online or autodraft. As a result of that, I do not open any of my mail sometimes for long periods.

Short and sweet, I have a dated letter from the Dept. of Revenue NC stating i didn't file in 2003 and 2004 and owe ~$800 per year in income taxes and penalties/interest since. The letter is dated Dec. 3 and i just opened it tonight and saw that had I asked for review LAST WEEK i would have been able to get it done but now the deadline has passed. I have my W-2s which show that I, me, and mine should have received a refund and in fact did not owe anything.

WHAT THE FUCK DO I DO?
accountant?
lawyer?
basically what's the cheapest way to get rid of the problem...

1/24/2009 1:06:01 AM

dude you're going to jail

1/24/2009 1:17:14 AM

lol, ok not that proper fucked i realize

1/24/2009 1:20:57 AM

even if you didn't owe anything you still have to file. thanks to the military's mistake of maintaining NC as my home of record i have W-2s from the national guard saying i made money there and guess what? NC wants it. all $57 worth. so i have to pay almost that much again to use turbotax in and fine in an additional state. pretty gay if you ask me.

[Edited on January 24, 2009 at 2:28 AM. Reason : .]

1/24/2009 2:27:34 AM

Call them at 8am Monday morning. You aren't proper fucked until they issue a wage garnishment. Once that happens you have pretty much no options. If you can afford the time, I would go down there in person standing at the door to get in at 8am and get in person with all your paperwork to talk to someone.

They are actually pretty understanding, all things considered. But just because you got a refund does not mean you don't owe back taxes and potential penalties. I learned that lesson myself last year.

1/24/2009 2:29:50 AM

well i guess ill file them today so that i can ask for the once-every-three-years forgiveness on penalties, hopefully it works out, otherwise im eating ramen for the foreseeable future

1/24/2009 7:54:59 AM

if you do have to pay them negotiate on the penalties, i have heard you can settle for less than full sticker so they can get on to the next thing.

1/24/2009 8:53:37 AM

^ yes. they will settle.

1/24/2009 9:33:04 PM

thanks guys, i called a tax advisor and they said just file and wait back to hear from them without doing anything else, sometimes theyll just be glad you fixed the main problem (not filing since i didnt owe them money in the first place) and they might drop it all

otherwise ill have to file a waiver for penalties, it says you get one every three years

1/25/2009 1:36:02 AM

If you are a due a refund then you wont be charged any interest or penalties. However, you will not receive any refund for any tax years preceding 2005. You have three years from the date the return is due to claim any refund.

1/25/2009 6:00:48 PM

not quite

1/25/2009 6:12:25 PM

i was due a refund, an enormous $20 each year, but im not asking for that im just asking that the interest and penalties go away like you said

1/25/2009 6:39:48 PM

thats why i have a cpa do my taxes, if anything comes up, i forwrd it to them and tell them to fix the fuckup or i wont use them again

1/25/2009 7:43:20 PM

go to ur accountant, explain what's up, they'll fix it


ur not going to jail

1/25/2009 9:19:57 PM

So i got two letters in the mail today. One thanked me for filing my return for 2004, one was a collection notice for $758 for not filing 2003. WTF? They clearly got BOTH returns because i sent them in the mail at the same time. Do I get my money back from H&R Block since they said if i filed them this would go away??? Not to mention that being sent to collections is going to fuck up my really great credit....

2/7/2009 7:43:33 PM

Depending on your monthly income:expense you could be classified as non-collectible, and they won't garnish you but they'll take any returns or stimulus monies until they get their's. Also, before they garnish you they will send you a letter 30 days prior to the garnishment. That's mandated by Congress.

2/7/2009 7:50:29 PM

Quote :

"Depending on your monthly income:expense you could be classified as non-collectible"

huh? im confused why im getting sent to collections for 2003 when i sent them 2003 and 2004 in the same envelope and they are thanking me for 2004

2/7/2009 7:53:08 PM

Your credit will not be hurt by it. They almost always will never put this as a public record on your credit. The IRS will lie to you. Also, I don't understand why they didn't thank you for you filing 2003.

2/7/2009 7:57:30 PM

lol well of course they always send these letters out so i get it on saturday and have to stew for 2 days!

ill call first thing monday morning i guess, im still out of town like always, i actually had my gf open up the mail from them since I wanted to make sure this was taken care of

2/7/2009 7:59:29 PM

Just tell them you want to pay but you don't know how much you can pay and you want to work out a payment plan. You have to tell them EVERYTHING you spend money on. You can 'doctor' this up a bit, like dry-cleaning clothes for work - got to look professional you know

2/7/2009 8:03:33 PM

um i make quite a bit. its more the principle of the thing.

2/7/2009 8:10:15 PM

Well the Government has principles too. Just pay it and forget you made this thread then haha.

2/7/2009 8:13:04 PM

doesnt mean im richie rich and can drop 800 bones and not think about it , im just saying for your reasoning i cant claim im unable to pay, i dont think i should have to pay at all

2/7/2009 8:20:39 PM

Quote :

"The letter is dated Dec. 3 and i just opened it "

I think I see the problem

2/7/2009 8:24:38 PM

yes but they are charging me for taxes and interest from 2003 (which if they got my 2003 return they would see were already paid), not penalties, a penalty would be much smaller i imagine

2/7/2009 8:28:42 PM

last time this happened to me, they tried to charge me income taxes for when i was living in ohio, i ignored it for a year, called them and drug it out for 2 more years, then had student legal services take care of it when they threated to garnish my wages

in short, you can drag it out for years, but you will not get it resolved without a lawyer and good documentation

2/7/2009 9:54:29 PM

i'm looking through the general statutes for some help, if someone would like to offer their two cents, i would appreciate it

Quote :

"§ 105-159. (Effective for taxable years beginning before January 1, 2007) Federal corrections. If a taxpayer's federal taxable income is corrected or otherwise determined by the federal government, the taxpayer must, within six months after being notified of the correction or final determination by the federal government, file an income tax return with the Secretary reflecting the corrected or determined taxable income. The Secretary shall determine from all available evidence the taxpayer's correct tax liability for the taxable year. As used in this section, the term "all available evidence" means evidence of any kind that becomes available to the Secretary from any source, whether or not the evidence was considered in the federal correction or determination. The Secretary shall assess and collect any additional tax due from the taxpayer as provided in Article 9 of this Chapter. The Secretary shall refund any overpayment of tax as provided in Article 9 of this Chapter. A taxpayer who fails to comply with this section is subject to the penalties in G.S. 105-236 and forfeits the right to any refund due by reason of the determination. (1939, c. 158, s. 334; 1947, c. 501, s. 4; 1949, c. 392, s. 3; 1957, c. 1340, s. 14; 1963, c. 1169, s. 2; 1967, c. 1110, s. 3; 1973, c. 476, s. 193; 1989, c. 728, s. 1.31; 1993 (Reg. Sess., 1994), c. 582, s. 1; 2006-18, s. 5.)"

this seems to be in MY favor...

let me see what else there is

2/7/2009 10:20:27 PM

Quote :

"(3) Failure to File Return. – In case of failure to file any return on the date it is due, determined with regard to any extension of time for filing, the Secretary shall assess a penalty equal to five percent (5%) of the amount of the tax if the failure is for not more than one month, with an additional five percent (5%) for each additional month, or fraction thereof, during which the failure continues, not exceeding twenty-five percent (25%) in the aggregate, or five dollars ($5.00), whichever is the greater. (4) Failure to Pay Tax When Due. – In the case of failure to pay any tax when due, without intent to evade the tax, the Secretary shall assess a penalty equal to ten percent (10%) of the tax, subject to a minimum of five dollars ($5.00). This penalty does not apply in any of the following circumstances: a. When the amount of tax shown as due on an amended return is paid when the return is filed. b. When the Secretary proposes an assessment for tax due but not shown on a return and the tax due is paid within 45 days after the date of the notice of proposed assessment of the tax."

see i dont need no stinkin attorney

2/7/2009 10:32:16 PM

Quote :

"(b) Assessment. – If a taxpayer does not file a timely request for a Departmental review of a proposed assessment, the proposed assessment is final and is not subject to further administrative or judicial review. Upon payment of the tax, the taxpayer may request a refund of the tax."

hmm, so as a last resort, if i do pay, i just ask for a refund

2/7/2009 10:54:15 PM

Quote :

"The Secretary must deliver a notice listed in subsection (a) of this section to a taxpayer either in person or by United States mail sent to the taxpayer's last known address. A notice mailed to a taxpayer is presumed to have been received by the taxpayer unless the taxpayer makes an affidavit to the contrary within 90 days after the notice was mailed. If the taxpayer makes this affidavit, the notice is considered to have been delivered on the date the taxpayer makes the affidavit, and any time limit affected by the notice is extended to the date the taxpayer makes the affidavit. (2007-491, s. 1.)"

fuck, i wish i could use this but NOT reading mail is different than not receiving it, lol

2/7/2009 10:57:30 PM

Quote :

"(c) Certificate of Tax Liability. – The Department may file a certificate of tax liability to collect a tax that is owed by a taxpayer and is collectible under G.S. 105-241.22. A certificate of tax liability must state the taxpayer's name and the type and amount of tax owed. If the taxpayer resides in this State or has property in this State, the Department must file the certificate of tax liability with the clerk of the superior court of a county in which the taxpayer resides or has property. If the taxpayer does not reside in this State or have property in this State, the Department must file the certificate of tax liability in Wake County. The clerk of court must record a certificate of tax liability in the same manner as a judgment. A recorded certificate of tax liability is considered a judgment and is enforceable in the same manner as other judgments. The legal rate of interest set in G.S. 24-1 applies to the principal amount of tax stated on the certificate of tax liability. The tax stated on a certificate of tax liability is a lien on real and personal property from the date the certificate is recorded."

i gotta get me one of these

2/7/2009 11:03:30 PM

is it sad that this if fun???

guess its a good thing im going to law school

2/7/2009 11:11:42 PM

so i call them today

LISTEN TO THIS SHIT

turns out that even though i mailed the 2003 and 2004 returns at the same exact time in identical envelopes, that they only received 2004 so i just have to mail 2003 and this should go away

crisis avoided

2/9/2009 7:52:09 PM

the grammar in this thread title makes me lol

2/9/2009 8:05:34 PM

i just used 2 online grammar checkers and it passed no problem, lol

2/9/2009 11:16:38 PM

Call your State Senator.

2/10/2009 12:09:09 AM

jesus, use the EDIT post
no need to post 5 consecutive times when all that could be in one post

2/10/2009 8:44:51 AM

No it couldn't.

2/10/2009 8:56:55 AM

TOTALLY

PROPER

FUCKED

2/10/2009 10:56:21 AM

Move to Brazil

Cut cord to internet

everyone wins

2/10/2009 2:08:00 PM