NC tax law issue

[NCtaxpayer]

What is the name of your state (only U.S. law)? North Carolina.

I received a letter from the N.C. department of revenue stating that I owe taxes on income from my 2008 federal return. The problem is, I haven't filed my 2008 federal return yet. I was waiting until September to do so to guarantee that I have money for the winter holiday's. I am not to worried about clearing up this issue because last year they told me I was dead when I called eight months after I filed for a refund.

While I was looking up N.C. tax law I came across their rule on filing, If you earn over $5,000 you must file in the following year. This is an N.C. law, and is not based on whether you owe or they owe, you must file. The federal rules are that if the IRS owes you money you have up to two years to file, or not file at all. ( let them keep the money) I just moved to N.C. a little more than two years ago and filed during tax season last year.

My question is, Does state law precede federal law if the state income tax is based on the federal taxable income?

Thanks for any help you can give on this question.

 

[LdiJ]

What is the name of your state (only U.S. law)? North Carolina.

I received a letter from the N.C. department of revenue stating that I owe taxes on income from my 2008 federal return. The problem is, I haven't filed my 2008 federal return yet. I was waiting until September to do so to guarantee that I have money for the winter holiday's. I am not to worried about clearing up this issue because last year they told me I was dead when I called eight months after I filed for a refund.

While I was looking up N.C. tax law I came across their rule on filing, If you earn over $5,000 you must file in the following year. This is an N.C. law, and is not based on whether you owe or they owe, you must file. The federal rules are that if the IRS owes you money you have up to two years to file, or not file at all. ( let them keep the money) I just moved to N.C. a little more than two years ago and filed during tax season last year.

My question is, Does state law precede federal law if the state income tax is based on the federal taxable income?

Thanks for any help you can give on this question.

Actually, its three years for the feds, not two and the rule is that you must file within three years to get a refund...not that you can just not file at all. They won't force you to file if they believe that you have no possibility of owing any tax, but if they think that there is any chance that you will owe tax, they WILL file a return for you thus forcing you to file.

Apparently that is what NC has done. I realize that you wanted to wait until September, but I suggest that you simply go ahead and get it done now.