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kathiekp · Aug 3, 2012, 12:19 PM

Hi... HELP!
Just got off the phone with the State of NJ Division of Taxation about my income tax refund for 2008 which I filed late. I knew I had 3 years. Everything I read said I had until 4/17/12 to have returns postmarked this year. I worked HOURS! Got them both in on 4/17/12 and sent them certified mail, return receipt requested. I got the receipt postcard from the federal government quickly and got the refund from the federal government on 6/13/12. It took forever to get the receipt postcard back from the state but no state refund ever showed up. I figured they were just running behind. I called and asked the woman just now if my return was on file (it was) and why I hadn't gotten my return. Oh, she says, the statute of limitations was 4/15/12! I had researched overdue returns extensively online and never ran into that information. When I said the federal government had returned my refund, that didn't matter. Is this really true?? Is there anything I can do??

Kathy

JudyKayTee · Aug 3, 2012, 12:31 PM

Originally Posted by kathiekp

Hi.... HELP!!
Just got off the phone with the State of NJ Division of Taxation about my income tax refund for 2008 which I filed late. I knew I had 3 years. Everything I read said I had until 4/17/12 to have returns postmarked this year. I worked HOURS! Got them both in on 4/17/12 and sent them certified mail, return receipt requested. I got the receipt postcard from the federal government quickly and got the refund from the federal government on 6/13/12. It took forever to get the receipt postcard back from the state but no state refund ever showed up. I figured they were just running behind. I called and asked the woman just now if my return was on file (it was) and why I hadn't gotten my return. Oh, she says, the statute of limitations was 4/15/12!! I had researched overdue returns extensively online and never ran into that information. When I said the federal government had returned my refund, that didn't matter. Is this really true??? Is there anything I can do????

Kathy

Very often State and Federal filing dates are different, particularly if there is a holiday involved.

If she's quoting the law, that's the law in NJ.

Have you researched it? I'm reading the 17th for Federal, the 15th for State. Where did you get your info?

kathiekp · Aug 3, 2012, 12:50 PM

Thanks for answering so quickly! I prepared the return myself. I couldn't afford to have someone else do it. I researched on the internet back in March & April when I had to mail them in. All I could find at the time was by the 17th of April. No where did it say to be careful, that delayed returns may be different for federal and state, you know, that kind of thing. If I had found something like that I would have sent the state in earlier, of course :)

Kathy

AtlantaTaxExpert · Aug 3, 2012, 05:13 PM

Unfortunately, this is a case where I think the IRS got it WRONG and New Jersey got it right. The filing deadline for the 2008 return was 15 April 2009, and you have until three years after that date to file for a refund. That would be 15 April 2012.

In my opinion, you were lucky to get the federal refund.

kathiekp · Aug 3, 2012, 05:44 PM

No, the IRS didn't get it wrong. See first paragraph on IRS page:

"IR-2012-26, Feb. 23, 2012

WASHINGTON — Refunds totaling more than $1 billion may be waiting for one million people who did not file a federal income tax return for 2008, the Internal Revenue Service announced today. However, to collect the money, a return for 2008 must be filed with the IRS no later than Tuesday, April 17, 2012."

IRS Has $1 Billion for People Who Have Not Filed a 2008 Income Tax Return

AtlantaTaxExpert · Aug 4, 2012, 04:28 AM

Okay, I stand corrected on the federal refund. They gave you a two-day extension which NJ did not.

kathiekp · Aug 4, 2012, 09:28 PM

JudyKayTee,
You say you were reading 17th for Federal and 15th for NJ. Where did you find the information about when the 2008 returns were due for NJ. I can't find it anywhere. I can only find the information for the 2011 taxes. My experience has always been if the 15th falls on a Saturday or Sunday, it is due on Monday - unless Monday is a holiday which it was this year, 2012, and then it is the next day.

Here is from the NJ Division of Taxation... it also talks about the 17th being the due date since the 15th was on a Sunday and Monday was a holiday. So it's not just listed on the IRS page but also this page. So I am wondering where you found the 15th for NJ.

This page reads:
"Therefore, the Division has determined that the due date for filing of all New Jersey tax returns and payments that are normally due on April 15, 2012, will correspond with the Federal income tax due date of April 17, 2012. Any New Jersey tax form, instruction or publication that currently shows an “April 15, 2012” due date should now be read as “April 17, 2012.” This extension applies to deadlines for filing a return, making a payment or deposit, requesting an extension or filing a refund claim."

http://www.state.nj.us/treasury/taxation/emancipation_day_notice.shtml

So I'm wondering where you found April 15 for New Jersey.