30-Oct-2019 8:04am
30-Oct-2019 8:13am
30-Oct-2019 8:33am
30-Oct-2019 9:31am
30-Oct-2019 3:39pm
1-Nov-2019 10:51am
1-Nov-2019 6:18pm
taxnoob wrote:Only IRS has 6 year SOL rule.
CA does not have SOL and can assess as far back as 10-15 years.
I would suggest only prep past 6 years for IRS. Go beyond if it is SFR'd.
For CA, prep what they are looking for and assessing past the 6 years. Taxpayer may have to go to SSA to obtain info. FTB Hotline may give it but depends on the agent.
3-Nov-2019 4:21pm
taxnoob wrote:Only IRS has 6 year SOL rule.
CA does not have SOL and can assess as far back as 10-15 years.
I would suggest only prep past 6 years for IRS. Go beyond if it is SFR'd.
For CA, prep what they are looking for and assessing past the 6 years. Taxpayer may have to go to SSA to obtain info. FTB Hotline may give it but depends on the agent.
7-Nov-2019 3:57pm
skassel wrote:taxnoob wrote:Only IRS has 6 year SOL rule.
CA does not have SOL and can assess as far back as 10-15 years.
I would suggest only prep past 6 years for IRS. Go beyond if it is SFR'd.
For CA, prep what they are looking for and assessing past the 6 years. Taxpayer may have to go to SSA to obtain info. FTB Hotline may give it but depends on the agent.
The IRS does not have a 6 year Statute of Limitation rule. It has nothing to do with a Statute of Limitation. It is a Policy Statement and nothing more. IRS can, at their whim, change that tomorrow.
skassel wrote:I also disagree with your statement concerning the FTB going back 10-15 years on unfiled returns. In 32 years, I have never seen anything of the sort. They will do a Filing Enforcement as quickly as a year after the due date of the return. If the FTB has the information, they don't wait. The FTB has no interest in assessing liabilities they cannot collect. However, there is NO Statute of Limitations on the assessment of an UNFILED return for either the FTB or the IRS.
7-Nov-2019 10:45pm
I don't understand what you're trying to say here; but are you telling me that if a tax payer has an unfiled return (say 2012 - which is past statute) and the IRS does not require it, filing the return will create a balance, you will still go ahead and file it?
8-Nov-2019 9:26am
8-Nov-2019 11:06am
8-Nov-2019 11:26am
Nilodop wrote:A willful failure to timely file a Federal income tax return is a criminal offense -- a misdemeanor, punishable by up to a year in prison.. So if a normal 4/15 due date passes, the 6 years for the statutory period within which the government must commence a criminal case depends on when the willfulness begins? Maybe for a year or two or much longer, taxpayer was careless, busy, ill, traveling, whatever, but intends to file
8-Nov-2019 12:09pm
BFStax wrote:. I said that isn't how it works but after this discussion am thinking maybe we don't file all 12 years and possibly only go back 6. I think it depends on if any returns were SFR'd.
8-Nov-2019 2:02pm
8-Nov-2019 3:43pm
8-Nov-2019 9:27pm
Nilodop wrote:So if a normal 4/15 due date passes, the 6 years for the statutory period within which the government must commence a criminal case depends on when the willfulness begins? Maybe for a year or two or much longer, taxpayer was careless, busy, ill, traveling, whatever, but intends to file, and then, after some years, realizes how deep in the hole he'll be by filing and owing taxes, interest and penalties, so then he willfully decides not to file. That's when the 6-years criminal statute begins?
16-Nov-2019 3:24pm
taxnoob wrote:skassel wrote:taxnoob wrote:
I don't understand what you're trying to say here; but are you telling me that if a tax payer has an unfiled return (say 2012 - which is past statute) and the IRS does not require it, filing the return will create a balance, you will still go ahead and file it?
I see. Is there a reason then that we are in 2019 and FTB would require filing a 2005 return?
16-Nov-2019 6:34pm
17-Nov-2019 7:49am
BFStax wrote: Can be a pretty tough lesson to learn but I never understand why taxpayers get themselves into this mess in the first place.