Your Last Chance To Clear Up Your Past California Taxes (And Save A Lot Of Money Too)
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Your Last Chance To Clear Up Your Past California Taxes (And Save A Lot Of Money Too)
By Don D. Nelson, C.P.A., Attorney
Beginning February 1, 2005, California has agreed to forgive any penalties and other charges (which become very high over time) you might owe on unpaid taxes from years before 2003. To qualify for this forgiveness you must apply for amnesty prior to March 31, 2005.

The amnesty will cut your tax bill if you come clean about taxes you owe, income you did not report or returns you did not file.  If you fail to apply for amnesty during that short time period, California will impose large additional penalties… even though you were not aware of the error on an old tax return.

You may not be aware you still owe taxes in California if you have lived abroad for years. These amounts can be owed for amounts earned in California for which you did not file returns or amounts assessed for which the notices have never reached your new home outside of the USA.  The state records go back many years.  In one situation the state went all the way back to 1977.  You should as soon as possible contact the Franchise Tax Board (for income and franchise taxes) or the Board of Equalization (for sales and use taxes) to see if any taxes are owed.  If the state shows you owe money, you should consider the amnesty program and file amended or prior year unfilled returns prior to April 1, 2005.

While the amnesty application is reasonably simple, there are complicated aspects that could have consequences to you if it is not prepared correctly. The form to use for your personal taxes is FTB 2300PIT and for your business and Franchise tax FTB 2300BE. They can be downloaded at www.ftb.ca.gov -California’s amnesty program does not apply to payroll, employment, property taxes or other miscellaneous taxes.  If you want help with this process, a tax professional can assist you.  It sometimes takes time to determine if any California taxes are owed when you check with the Franchise Tax Board.

However, since the time window is short, you should take action immediately because it is also in the middle of most tax professional’s “busy season”.

Don D. Nelson is an attorney and C.P.A. who has assisted  expatriates and Americans living abroad with their U.S. and California (as well as other states) taxes for the last 29 years.  He is an expert on the U.S.  tax benefits and pitfalls involving Americans and U.S. Citizens living in other countries.  He has prepared U.S. expatriate tax returns for hundreds of  expatriates around the world.  His website is at www.taxmeless.com  -   His phone in the US is (949) 481-4094 and his fax (949) 218-6483.

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