Legal Question in Tax Law in California

Unpaid State Franchise Tax Liability???

Thank you for your time. I was contacted by the State Franchise Tax Board. It says that I may have an unpaid tax liability for the year of 1990. I live in California. I would like to know if there is a statue of limitation for unpaid state tax liabilities. This is only the second time I have been contacted by the IRS. Once right after I filed my taxes in 1990 and once just recently ,regarding this matter. What should I do?Thank you again!!!


Asked on 11/27/01, 4:01 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Unpaid State Franchise Tax Liability???

First of all, being contacted by the IRS is irrelevant. The IRS shares data with the states, and in California, the Franchise Tax Board does takes care of state taxes.

There is normally a 10 year statute of limitations from the time you filed your state return or from the date an assessment was made against you. If you filed a state return in 1991 for the year 1990, you may be OK. If they assessed you based on your information that you filed with the IRS, the 10 years did not start until the assessment date.

However, they often base their assessment on your income without taking into consideration your deductions. You may be able to file a return if it would bring the amount owed down.

How much is involved? If a large amount, you might need some help.

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Answered on 11/27/01, 8:35 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Unpaid State Franchise Tax Liability???

Thanks for your posting. First of all, the IRS is NOT the franchise tax board. There is a statute of limitations for unpaid taxes, which depends on the assessment, and on whether or not you filed a return.

You should sit down with a CPA, enrolled agent, or an attorney, and go over your potential liability based upon the time periods involved.

Thanks, and best of luck.

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Answered on 11/27/01, 9:40 pm
Joel Selik www.SelikLaw.com

Re: Unpaid State Franchise Tax Liability???

www.taxworkout.com

There are time limitations, but they are very complicated. You must use the assesment date, and add to that time for certain other events. The good news there are many other ways to resolve the tax problem.

Joel Selik

Masters of Laws-Taxation

Attorney At Law

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Answered on 11/29/01, 9:22 pm


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