Advice Needed


J

Jack

I have not filed any returns for 5 years (more or less, I'm
not even sure). My guess would be that I owe for 4 of those
years, and may be due a small return for the other. This is
purely speculation though.

I have moved from state to state during that 5 years, with
constant address changes. That is making this difficult as I
have no w2 forms from any employers for those years.

Within the past year I got married and I have a new baby
girl. I want to straighten out this mess - before the IRS
comes to straighten it out with me.

I'm seeking advice for how to get and file the returns for
the previous 5 years (with no information) for both federal
and state taxes (CA and NC). Is there some way to contact
these tax offices and obtain that information?

Secondly, I would like to include the balance (or a portion)
of what's owed in a bankruptcy I will be filing shortly. Is
this even an option with unfiled returns?

Lastly, what type of person would you recommend contacting
to handle the taxes portion of the bankruptcy, and can they
also handle the regular bankruptcy filing?

Thanks for any advice,

JVS
 
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H

Helen P. OPlanick EA

I have not filed any returns for 5 years (more or less, I'm
not even sure). My guess would be that I owe for 4 of those
years, and may be due a small return for the other. This is
purely speculation though.

I have moved from state to state during that 5 years, with
constant address changes. That is making this difficult as I
have no w2 forms from any employers for those years.

Within the past year I got married and I have a new baby
girl. I want to straighten out this mess - before the IRS
comes to straighten it out with me.

I'm seeking advice for how to get and file the returns for
the previous 5 years (with no information) for both federal
and state taxes (CA and NC). Is there some way to contact
these tax offices and obtain that information?
You can get transcripts from the IRS. This will show the
federal information and you can then go back to your
employers for copies to complete your state returns.
Secondly, I would like to include the balance (or a portion)
of what's owed in a bankruptcy I will be filing shortly. Is
this even an option with unfiled returns?
Nope, the returns must have been filed and there is about a
2 year time frame after filing before you can include them
in the BK.
Lastly, what type of person would you recommend contacting
to handle the taxes portion of the bankruptcy, and can they
also handle the regular bankruptcy filing?
Your taxes cannot go into your bankruptcy. Find a good tax
professional you can easily work with to get your taxes
completed.

Helen, EA in PA
Member of The Tax Gang
President, PA Society of Enrolled Agents
Campaigning for NAEA Board of Directors - Looking for YOUR vote
 
P

Paul

Jack said:
I'm seeking advice for how to get and file the returns for
the previous 5 years (with no information) for both federal
and state taxes (CA and NC). Is there some way to contact
these tax offices and obtain that information?
Either contact the former employers for copies of your
W-2's, or possibly see what the IRS has (it won't include
any information on state withholdings though) by requesting
a "transcript of account" for those years.
Secondly, I would like to include the balance (or a portion)
of what's owed in a bankruptcy I will be filing shortly. Is
this even an option with unfiled returns?
Not with unfiled returns, and I believe you can only include
taxes on returns that were filed at least three years ago.
Lastly, what type of person would you recommend contacting
to handle the taxes portion of the bankruptcy, and can they
also handle the regular bankruptcy filing?
Attorneys would be the ones to handle the bankruptcy. A CPA
or EA would be the one to see about the prior years returns.
If there is in fact a balance due, and that amount is
significant, then consider an "offer-in-compromise" with the
IRS, which has the same effect as bankruptcy for taxes.
 
B

Barney Bird

Jack said:
I'm seeking advice for how to get and file the returns
for the previous 5 years (with no information) for
both federal and state taxes (CA and NC). Is there
some way to contact these tax offices and obtain
that information?
You can get copies of your Forms W-2 / 1099 for years 1997 -
2002 at a local IRS walk-in office. IRS does not charge for
providing them. Addresses and locations of IRS walk-in
offices in your area can be researched at the url below.

http://www.irs.gov/localcontacts/index.html

The copies IRS keeps on file do not include state wage
information however. You will need to get them from the
respective state department of revenue offices. While
visiting your local IRS office, you should ask the customer
service represenatives to check your account for possible
Substitute for Return (SFR) assessments. The tax code gives
IRS to authority to file returns for taxpayes who neglect or
refuse to voluntarily prepare and file their own returns.
This type of return is called an SFR. You also should ask
them to update your address.

When you are ready to file the completed and signed returns
(I recommend you sign each return with blue ink), mail each
return in a separate envelope or handcarry them to the same
walk-in office from which you obtained the W-2s / 1099s and
file them there.

If it turns out that you are due refunds on any of the
unfiled returns, refunds for years 1999 and prior are barred
by the three-year statute of limitations.
Secondly, I would like to include the balance (or a portion)
a portion) of what's owed in a bankruptcy I will be filing
shortly. Is this even an option with unfiled returns?
You should discuss this with a bankruptcy attorney. In so
far as the prospective bankruptcy affects your federal tax
liability, the only affect of the bankruptcy will be to
suspend IRS collection efforts. The taxes are not
dischargeable.

Barney Byrd
 
L

L K Williams

You should discuss this with a bankruptcy attorney. In so
far as the prospective bankruptcy affects your federal tax
liability, the only affect of the bankruptcy will be to
suspend IRS collection efforts. The taxes are not
dischargeable.
Although it is commonly misunderstood, Federal taxes ARE
dischargeable in bankruptcy. However, the returns have to
"age" before the related liability can be discharged.
Usually, this means that any balance due for the most recent
year is non-dischargeable and you have to wait after filing
older returns before going to bankruptcy court. The rules
are very specific, so you should consult a qualified
bankruptcy attorney before dong anything.

Lanny Williams, CPA
 
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A

Arthur Kamlet

wrote:
Barney Bird wrote:
I'm guessing this is to make it easier to know it is an
original signed return and not a machine photocopy.
Returns signed with black ink look very similar to
photocopied ones.

__
Art Kamlet ArtKamlet @ AOL.com Columbus OH K2PZH
 
H

Helen P. OPlanick EA

(I recommend you sign each return with blue ink),
Because. <G>

Actually, when I was on ETAAC, I had to sign my expense
reports with blue ink, that way the IRS knows it is orginal.
And that is Barney's reason too.

Helen, EA in PA
Member of The Tax Gang
President, PA Society of Enrolled Agents
Campaigning for NAEA Board of Directors - Looking for YOUR vote
 
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R

Robert B

I am a US citizen and have lived overseas since 1980.

My sole income has been from foreign employment, and has
ranged between US$5k to $15k per year. I have only filed a
US return for the first year overseas, as the countries are
covered by tax agreements with the US, and their income tax
rates exceed the US rates.

Would I still need to file US returns for 1981 onwards? Is
there a low income threshold where I would be excluded from
filing?

Thanks so much.
Robert
 

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