old tax debt owed ohio state

[slreno]

What is the name of your state (ohio)? can someone please tell me how long a private attorney for the state of ohio has to collect a tax that has been assessed in feb of 2007? i have read the new house bill 390 but that seems to me that it is all about before an assessment is made that the rules have changed.. in fact the taxes i owe are from 1998 and they didnt get an assessment until feb 2007..
thanks.

 

[swalsh411]

When did you file the tax return that resulted in the assessment?

 

[slreno]

just got off phone with the attorney handling the account and they said my wife and i didnt file for that year.. but we have never ever owed state taxes. we had 3 children living with us in 1998 so i know for fact we didnt owe in fact they would have owed us. just because we are in and always have been in the tax bracket where the state owed us a couple hundred bucks every year. dont understand how we forgot but guess we did.

 

[swalsh411]

The clock doesn't start running until a return is filed.

 

[slreno]

wow, even though they made an assessment for an amount and got a judgement on feb of 2007, the clock still dont start ticking?

 

[davew128]

wow, even though they made an assessment for an amount and got a judgement on feb of 2007, the clock still dont start ticking?

EVER. Moreover, the time to contest the assessment was in 2007.

 

[LdiJ]

just got off phone with the attorney handling the account and they said my wife and i didnt file for that year.. but we have never ever owed state taxes. we had 3 children living with us in 1998 so i know for fact we didnt owe in fact they would have owed us. just because we are in and always have been in the tax bracket where the state owed us a couple hundred bucks every year. dont understand how we forgot but guess we did.

If you don't still have your W2s etc., you can ask for copies from the Social Security Administration. You can then go here: http://www.tax.ohio.gov/forms/income_forms_archive.aspx

and download 1998 forms. You can then file a real tax return for 1998 proving that you do not owe any money.

 

[davew128]

LdiJ, IIRC the OP had 60 days to contest the assessment when it was done. It's FAR too late now. Most states don't allow you to amend an SFR after a brief period of time (MA gives you 1 year for example) unlike the IRS where you can always file an original return to reduce tax on an old tax return.

 

[LdiJ]

LdiJ, IIRC the OP had 60 days to contest the assessment when it was done. It's FAR too late now. Most states don't allow you to amend an SFR after a brief period of time (MA gives you 1 year for example) unlike the IRS where you can always file an original return to reduce tax on an old tax return.

Ok...my state follows the IRS's rules, it should have occurred to me that other states would not.

 

[Charmander]

LdiJ, IIRC the OP had 60 days to contest the assessment when it was done. It's FAR too late now. Most states don't allow you to amend an SFR after a brief period of time (MA gives you 1 year for example) unlike the IRS where you can always file an original return to reduce tax on an old tax return.

This doesn't apply to Ohio. I worked for the Ohio Department of Taxation until a couple months ago. The OP should absolutely still file the return. If he was in fact due a refund, that is long out of statute and he won't be able to receive it, but the assessment would be reduced to only a late filing penalty (most likely $500). Since it's with a collection agency I'm sure they have added additional fees but filing a return would definitely decrease what is due.