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minkylynnne
Jan 24, 2009, 01:45 AM
I file federal taxes every year and always have a refund coming back.However I have not filed state taxes in a few years, I am sure I would have money due to me, but since I have not filed will I be in trouble or owe?

AtlantaTaxExpert
Jan 24, 2009, 09:04 PM
You COULD be in trouble, though not if you overwithheld and do not owe any money.

I had a client here in Georgia who religiously filed their federal return, but failed to do so for Georgia for 17 years!

When they finally had a return that required that they PAY money (due to a 401k disbursement), I had to coordinate with the Georgia Department of Revenue to determine how far back I had to file. Georgia want the past ten years filed.

The clients ended up paying a bit on the return with the 401K disbursement, but they collected refunds from the previous three years, as Georgia, like the rest of the states, follows the same 3-year statute of limitation for collecting back refunds that the IRS follows.

Unfortunately for my clients, that 3-year limitation doe NOT apply if you OWE taxes, so they about broke even.