So I'm in a tight situation with an approaching deadline from my state to turn in my state income tax return from a couple years ago. That return and my federal were never filed to due an issue I had with a tax preparer (they did not actually file the returns, have no idea why) Also I want to re-do them since I have found additional deductions.
If the state return requires my fed return but that one hasn't been filed yet, can I mail in the fed return and then a few days later mail in the state return? I also have 1099s that were not filed as well though copies were given to the contractors. Yes a mess but I am trying to do things right now and need some legal or tax advice. I'll take a referral too, thank you so much.
I have already been granted one 4 week extension.
You have not clearly indicated the nature of the returns that you need to file. Are you in business? It appears that you were based on your failure to file you 1099's for your contractors. Will you have a schedule C on your return or do you have an LLC?
You should immedialtly file your state return with the federal return attached whether or not you have filed the federal return. Most computer programs do not allow you to prepare a state return without processing the federal return, so you will have the federal return in any event.. It does not matter what order the returns are filed - just file them.
Prior year returns are routinely prepared by my office.
Phillip M. Smith Jr.
Los Angeles Tax & Business Attorney
Licensed in the United States Tax Court
Main: 323-292-4116 ❘ Cell: 562-505-1004
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is email@example.com.
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Your solution is very simple - get the federal and state returns prepared and filed immediately. They can be submitted simultaneously and both the state and the IRS will grant extensions allowing for the necessary time to file (even after you already have received one). Regarding your 1099's, the same applies. Get them filed now. In both cases, the sooner you get things filed the better. We see these types of situations on a regular basis and while it seems difficult, things can easily be handled in short order to clear up any issues.
Feel free to give us a call if you need assistance.
Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
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You will need to prepare the Federal income tax return and attach it to the state return. To not do so would be to file an incomplete return. You should consult with a tax attorney and discuss your issues with this process.
H. Daniel Lively, Esq., LL.M., CPA Certified Tax Specialist, CA Board of Legal Specialization firstname.lastname@example.org www.USTaxRescue.com 714-708-2593 Mr. Lively is a Certified Tax Specialist by the State Bar of California Board of Legal Specialization. He can be reached at 714-708-2593 or USTaxRescue.com.Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.
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