If I need to file a past state tax return that requires an attached federal return that hasn't been filed, what can I do?

Asked over 1 year ago - Los Angeles, CA

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.

Attorney answers (3)

  1. Phillip Monroe Smith

    Contributor Level 18

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    Answered . 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.

    Good luck!
    Phillip M. Smith Jr.
    Los Angeles Tax & Business Attorney
    Licensed in the United States Tax Court
    www.culvercitytaxandbusinesslaw.com
    www.corporateattorney.com
    www.worlclasslawyers.com
    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... more
  2. Evan A Nielsen

    Contributor Level 18

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    Answered . 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.

    Good luck.

    Evan A. Nielsen is licensed to practice law in California and handles federal tax matters throughout the U.S. The... more
  3. Henry Daniel Lively

    Contributor Level 20

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    Lawyers agree

    Answered . 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 dlively@... more

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