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Same time limit for amended return when original filing years late?

 

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Subject Author Date
Same time limit for amended return when original filing years late? Bobby 08-24-2009
Posted by Bobby on August 24, 2009, 1:20 pm
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Is there still the same time limit for an amended return when the
original filings were years late?

I'm more than 5 years late filing my Federal income tax returns, and
I'm having trouble filling the forms out correctly. I have a deadline
that I don't want to miss. One place i read that an amended return
can be filed up to 2 (or 3) years after the filing the first return,
and up to 3 (or 3) years after the taxes are paid. It doesn't say
whether that applies even when someone is as late as I am. (I wouldn't
need years, only 3 to 6 months,

Not only would my correctly caluclated tax bill be lower, but the
compound interest and maybe the penalties?? would be lower if the
original tax amount were lower.

I never wanted to avoid paying taxes. It's just one of many things I
didn't do (like go to the doctor when I should have), even though I
worried about it.

Thank you.

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Posted by D. Stussy on August 24, 2009, 9:09 pm
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> Is there still the same time limit for an amended return when the
> original filings were years late?
>
> I'm more than 5 years late filing my Federal income tax returns, and
> I'm having trouble filling the forms out correctly. I have a deadline
> that I don't want to miss. One place i read that an amended return
> can be filed up to 2 (or 3) years after the filing the first return,
> and up to 3 (or 3) years after the taxes are paid. It doesn't say
> whether that applies even when someone is as late as I am. (I wouldn't
> need years, only 3 to 6 months,

The rule is 3 years from filing or 2 years from paying, whichever is later.
Note that a subsequent amendment claiming a refund can only refund payments
made within the period. As withholding is considered as paid on the
original due date, that's why a refund of withholding is impossible after 3
years.

> Not only would my correctly caluclated tax bill be lower, but the
> compound interest and maybe the penalties?? would be lower if the
> original tax amount were lower.
>
> I never wanted to avoid paying taxes. It's just one of many things I
> didn't do (like go to the doctor when I should have), even though I
> worried about it.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by Steve Pope on August 24, 2009, 9:21 pm
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>The rule is 3 years from filing or 2 years from paying, whichever is later.
>Note that a subsequent amendment claiming a refund can only refund payments
>made within the period. As withholding is considered as paid on the
>original due date, that's why a refund of withholding is impossible after 3
>years.

Are estimated payments treated the same as witholding in
this regard?

Steve

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on August 28, 2009, 9:22 am
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> >The rule is 3 years from filing or 2 years from paying, whichever is
later.
> >Note that a subsequent amendment claiming a refund can only refund
payments
> >made within the period. As withholding is considered as paid on the
> >original due date, that's why a refund of withholding is impossible
after 3
> >years.
>
> Are estimated payments treated the same as witholding in
> this regard?

Yes, since they are due BEFORE the due date of the return.

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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