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Message
Got a letter from the LDR about state taxes I supposedly owe
Posted on 4/21/12 at 1:43 pm
Posted on 4/21/12 at 1:43 pm
Was hoping someone here might be able to help me sort out wth is going on and what steps I can take to at least clarify why I owe this money. I am from Louisiana, but went to college in Georgia and graduated there in 2007. After that I moved to Texas and worked there until May 2009. The letter I got says the money is owed from the 12/31/2009 filing period. After moving back to La. from Texas, I started school at UNO and am now in medical school, so I haven't had an income since '09. I didn't even file La state taxes in '09 since the income I made was from when I was living in Texas.
Essentially, the letter is a bill for $560 with absolutely no explanation on how they figured I owe them that money.
Basically I have 3 options as stated on the bill: 1) "pay the assessment in full, or if no return has been filed, file your tax return and pay you tax liability, penalty, and interest," 2) "pay the assessment under protest, pursuant to R.S. 47:1576," 3) "file a formal petition with the La. board of tax appeals yada yada yada"
The letter is the "final notice before seizure" - even though it is the first damn notice they've given me. There is no phone number that I can call and at least ask about this. Does anyone have any suggestions on what steps I should take at this point??
ETA: I'm an idiot and didn't flip the bill over, but there is in fact a number I can call. I guess that is my first step monday morning.
Essentially, the letter is a bill for $560 with absolutely no explanation on how they figured I owe them that money.
Basically I have 3 options as stated on the bill: 1) "pay the assessment in full, or if no return has been filed, file your tax return and pay you tax liability, penalty, and interest," 2) "pay the assessment under protest, pursuant to R.S. 47:1576," 3) "file a formal petition with the La. board of tax appeals yada yada yada"
The letter is the "final notice before seizure" - even though it is the first damn notice they've given me. There is no phone number that I can call and at least ask about this. Does anyone have any suggestions on what steps I should take at this point??
ETA: I'm an idiot and didn't flip the bill over, but there is in fact a number I can call. I guess that is my first step monday morning.
This post was edited on 4/21/12 at 1:50 pm
7
Posted on 4/21/12 at 4:09 pm to tigerfan4120
I would think that willing out the return for that year & sending it with the appeal note would do it. My guess is they found your income somehow & that you had residency.
Posted on 4/21/12 at 4:49 pm to Tigah in the ATL
Thanks, Tigah.
I'm not sure if I was an La resident at that point or not. Frankly I have no idea how all that works. I think my "permanent address" was kept at my parents house in NOLA, but I went to undergrad OOS and lived in Texas for ~2 years so I had been living out of La for ~5 years. Had texas license plates, registered to vote in Tx, etc. But then I moved back to NOLA and qualified for in-state tuition at UNO. So, I really don't know how to interpret my status as far as residency goes and if I should have been paying state taxes to La.
I'm not sure if I was an La resident at that point or not. Frankly I have no idea how all that works. I think my "permanent address" was kept at my parents house in NOLA, but I went to undergrad OOS and lived in Texas for ~2 years so I had been living out of La for ~5 years. Had texas license plates, registered to vote in Tx, etc. But then I moved back to NOLA and qualified for in-state tuition at UNO. So, I really don't know how to interpret my status as far as residency goes and if I should have been paying state taxes to La.
Posted on 4/21/12 at 5:38 pm to tigerfan4120
When you filed federal taxes for 2009, the federal gvmt sent the info to the state of louisana. This is were the state is getting their info from. You need to get your federal return from the irs and ee about getting all proof of income for hat yr. The problem you might have is once you came back and was able to get into uno as an instate student, the ldr considered you a state resdent the whole time.
Posted on 4/21/12 at 6:01 pm to iwasthere
quote:
When you filed federal taxes for 2009, the federal gvmt sent the info to the state of louisana. This is were the state is getting their info from. You need to get your federal return from the irs and ee about getting all proof of income for hat yr. The problem you might have is once you came back and was able to get into uno as an instate student, the ldr considered you a state resdent the whole time.
That is something I'm concerned about...appealing the assessment that the LDR sent and then them coming back and saying I shouldn't have gotten in-state tuition and penalizing me for that or something. If that is a possibility I guess I'd rather pay the $560 and let sleeping dogs lie.
Posted on 4/21/12 at 6:56 pm to tigerfan4120
Tigerfan,
If you entered UNO in 2009 as a Louisiana resident, then positively file a 2009 IT-540 and pay your 2009 tax liability. You can go to the website for the Louisiana Department of Revenue and download the necessary forms. Keep in mind that the penalties for failure to file and pay are going to be pretty hefty.
Louisiana checks with the Feds to make sure those that used Louisiana addresses filed Louisiana returns. In some cases, a Louisiana return would not be necessary such as a taxpayer moving to Louisiana in January of 2010 after being a resident of another state(s).
With your in-state tuition situation, you don't want to wake a sleeping dog.
If you entered UNO in 2009 as a Louisiana resident, then positively file a 2009 IT-540 and pay your 2009 tax liability. You can go to the website for the Louisiana Department of Revenue and download the necessary forms. Keep in mind that the penalties for failure to file and pay are going to be pretty hefty.
Louisiana checks with the Feds to make sure those that used Louisiana addresses filed Louisiana returns. In some cases, a Louisiana return would not be necessary such as a taxpayer moving to Louisiana in January of 2010 after being a resident of another state(s).
With your in-state tuition situation, you don't want to wake a sleeping dog.
Posted on 4/21/12 at 7:09 pm to tigerfan4120
I got the same letter. I lived in Georgia for all of 2009 but used my parents address in BR on my 2009 return. I called the hotline and in my case they said just need to send in my GA return and w2 and they would review.
Try to call as soon as they open or you will be on hold for forever.
Try to call as soon as they open or you will be on hold for forever.
Posted on 4/21/12 at 7:10 pm to frb1951
thanks bros, sound advice.
@frb1951 - I agree with your point. I will probably be safe and heed your advice. However, UNO determined that I qualified for in-state tuition. Classification of residency for tuition purposes and for state income tax purposes aren't exactly the same thing, as far as I know, and UNO's decision is separate from the Louisiana Dept of Revenue. I dunno if the LDR has any jurisdiction over state college tuition decisions - they may or may not, I just have no idea...
@frb1951 - I agree with your point. I will probably be safe and heed your advice. However, UNO determined that I qualified for in-state tuition. Classification of residency for tuition purposes and for state income tax purposes aren't exactly the same thing, as far as I know, and UNO's decision is separate from the Louisiana Dept of Revenue. I dunno if the LDR has any jurisdiction over state college tuition decisions - they may or may not, I just have no idea...
This post was edited on 4/21/12 at 7:19 pm
Posted on 4/22/12 at 10:37 am to tigerfan4120
I got the same exact letter. Actually, they first sent me a letter saying I didn't file for 2009, which is not accurate. So I sent them a copy of my 2009 return. I then got a letter telling me I owed them $100. The letter was received about a day after I sent them a copy of my 09 return though, so I will wait a few days and see if they got my 09 return I sent them.
Posted on 4/22/12 at 11:38 am to BullredsRus
quote:
I got the same exact letter. Actually, they first sent me a letter saying I didn't file for 2009, which is not accurate. So I sent them a copy of my 2009 return. I then got a letter telling me I owed them $100. The letter was received about a day after I sent them a copy of my 09 return though, so I will wait a few days and see if they got my 09 return I sent them.
My girlfriend actually got the same letter as well, also from 2009. Weird. She is in the same situation as me in that she was working in Birmingham in 2009 at the time and moved to NOLA in 2010, and the revenue that Louisiana is trying to say they are owed was from income from her job in Alabama. I guess La. is about 3 years behind...
It'd be a hell of a lot easier to swallow if, a) there was at least a detailed explanation of why I owe the state this money, rather than what appears to just be a bill, b) acc'd to the state I actually owe $405 in taxes, but they are also assessing me $101 in penalties and $55 in interest. If I legitimately owe La. money I am glad to pay, but they could've told me I was in the wrong 3 years ago instead of charging me for penalties & interest and giving me a "final notice" now.
Posted on 4/23/12 at 12:12 am to tigerfan4120
tigerfan4120,
It sounds like your case possibly is entirely different than the other one I commented on.
If a taxpayer moves into the State of Louisiana in 2010 before he/she prepares his/her 2009 tax return and uses a Louisiana address for the 2009 Federal return, the DOR has no way of knowing that a taxpayer wasn't a resident of Louisiana during 2009. If that is your and your girlfriend's case, call the number listed on your letters and they will tell you what documentation they need, if any, to cancel the taxes they are saying you owe.
As Louisiana is working off of the Fed's records for 2009 returns that could have been filed as late as 10-15-2010 and 11-15-2010 for Louisiana returns, this type of letter usually is a couple of years behind. I will stop before I get into the inefficiency I have seen in the Department that seems to progress each year as time goes on.
To make a long story short, if you weren't a legal resident of Louisiana in 2009 YOU DO NOT OWE LOUISIANA 2009 STATE INCOME TAXES.
DO NOT IGNORE a "final notice" letter. Call them as soon as possible.
It sounds like your case possibly is entirely different than the other one I commented on.
If a taxpayer moves into the State of Louisiana in 2010 before he/she prepares his/her 2009 tax return and uses a Louisiana address for the 2009 Federal return, the DOR has no way of knowing that a taxpayer wasn't a resident of Louisiana during 2009. If that is your and your girlfriend's case, call the number listed on your letters and they will tell you what documentation they need, if any, to cancel the taxes they are saying you owe.
As Louisiana is working off of the Fed's records for 2009 returns that could have been filed as late as 10-15-2010 and 11-15-2010 for Louisiana returns, this type of letter usually is a couple of years behind. I will stop before I get into the inefficiency I have seen in the Department that seems to progress each year as time goes on.
To make a long story short, if you weren't a legal resident of Louisiana in 2009 YOU DO NOT OWE LOUISIANA 2009 STATE INCOME TAXES.
DO NOT IGNORE a "final notice" letter. Call them as soon as possible.
Posted on 4/23/12 at 12:27 am to tigerfan4120
Tigerfan,
Sorry about the above post...I thought it was another person with a different scenario. Again, if UNO enrolled you as an in-state student in 2009, my advice is the same as I originally gave you. Absences from the state to go to school in another state can be considered "temporary" whereby a student would not lose his/her resident status.
UNO and the Department of Revenue both are Louisiana entities, therefore, I would expect the Louisiana DOR to question your resident status when you enrolled at UNO to help them determine your true residential status. Your's will not be their first rodeo so to speak.
If you saved more tuition at UNO as a resident vs an out-of-state student than your tax bill, think about it before you put your foot in your mouth with DOR. (Trying to be humorous...not saracastic by any means!) It's just like IRS and the State Departments of Revenue....they all conspire against the taxpayer! :)
Sorry about the above post...I thought it was another person with a different scenario. Again, if UNO enrolled you as an in-state student in 2009, my advice is the same as I originally gave you. Absences from the state to go to school in another state can be considered "temporary" whereby a student would not lose his/her resident status.
UNO and the Department of Revenue both are Louisiana entities, therefore, I would expect the Louisiana DOR to question your resident status when you enrolled at UNO to help them determine your true residential status. Your's will not be their first rodeo so to speak.
If you saved more tuition at UNO as a resident vs an out-of-state student than your tax bill, think about it before you put your foot in your mouth with DOR. (Trying to be humorous...not saracastic by any means!) It's just like IRS and the State Departments of Revenue....they all conspire against the taxpayer! :)
Posted on 4/23/12 at 11:31 am to frb1951
How was the resident status on your La. Return? You have to file as a resident, non-resident, or part time.
If you filed as a resident, you have to pay income tax on all income earned regardless of the state where it was earned. You would then get a credit for taxes paid to the state where is was earned, but in your case you paid no Texas income tax, therefore there are no credits to offset the La. income tax.
What you need to do is amend your return and file as a part year resident. You have to include the dates that you actually lived in La. Then only the income you earned in La is taxed.
If you filed as a resident, you have to pay income tax on all income earned regardless of the state where it was earned. You would then get a credit for taxes paid to the state where is was earned, but in your case you paid no Texas income tax, therefore there are no credits to offset the La. income tax.
What you need to do is amend your return and file as a part year resident. You have to include the dates that you actually lived in La. Then only the income you earned in La is taxed.
Posted on 4/23/12 at 5:07 pm to tigerfan4120
Which is more expensive paying $560 for unpaid Louisiana income tax or paying out of state tuition for medical school? In order to maintain your Louisiana residency you have to file a Louisiana income tax return when living out of state. Ordinarily this is no big deal from a tax perspective since you can claim a credit against the Louisiana tax for any tax you paid to the state you were residing in. However, you were living in Texas which doesn't have an individual income tax, so you can't claim a credit for taxes you did not pay.
I would imagine preserving your residency for medical school tuition purposes is worth more than $560. So I'd recommend agreeing with the assessment and trying to work out a payment plan with the LDR.
I would imagine preserving your residency for medical school tuition purposes is worth more than $560. So I'd recommend agreeing with the assessment and trying to work out a payment plan with the LDR.
Posted on 4/23/12 at 7:16 pm to tigerfan4120
Good luck. The people at LDR are basically functioning retards.
Had a very similar situation.
Lived in Texas from 2002 - Jan 2010.
Got a letter stating I owe 5k in state taxes for 2009. When trying to explain that situation to the lady of the phone she obviously couldn't comprehend the possibility of living in another state and moving.
Had to send in as much proof as possible to my residence in Texas to Jan 2010 to get it cleared.
On top, it held my 2011 refund and now I believe it's going to get audited. It's showing all the flags of an upcoming audit.
Had a very similar situation.
Lived in Texas from 2002 - Jan 2010.
Got a letter stating I owe 5k in state taxes for 2009. When trying to explain that situation to the lady of the phone she obviously couldn't comprehend the possibility of living in another state and moving.
Had to send in as much proof as possible to my residence in Texas to Jan 2010 to get it cleared.
On top, it held my 2011 refund and now I believe it's going to get audited. It's showing all the flags of an upcoming audit.
Posted on 4/23/12 at 7:46 pm to Poodlebrain
quote:
Which is more expensive paying $560 for unpaid Louisiana income tax or paying out of state tuition for medical school? In order to maintain your Louisiana residency you have to file a Louisiana income tax return when living out of state. Ordinarily this is no big deal from a tax perspective since you can claim a credit against the Louisiana tax for any tax you paid to the state you were residing in. However, you were living in Texas which doesn't have an individual income tax, so you can't claim a credit for taxes you did not pay.
I would imagine preserving your residency for medical school tuition purposes is worth more than $560. So I'd recommend agreeing with the assessment and trying to work out a payment plan with the LDR.
FWIW by the time I started medical school I'd been back in Louisiana for over 2 years and had re-established residency here. The UNO tuition would be in question for sure though. I think this is good advice though and the right course of action.
@frb1951 thanks for the replies, I'm going to heed what you're saying.
@Nobs - sucks man. All the more reason for me to just pay it and get on with my life. I feel for ya though.
This post was edited on 4/23/12 at 7:49 pm
Posted on 4/24/12 at 4:24 pm to tigerfan4120
Good luck with it, I'm fighting the same battle with the IRS right now. They made a mistake with my bank in 2009, and basically stated that I paid $0 in mortgage interest. They are stating that I owe them ~$1,000. I've faxed a copy of the interest form, several times, called, and sent copies via snail mail. I did get a letter finally saying they received my correspondence and no further action was required by me, and they would contact me. But I haven't heard anything. All the while I keep getting notices that I now owe the money, plus taxes and penalties. It's BS - the bank even notified me that the IRS screwed up. All I can say to you is keep calling, mailing, etc. Dealing with government agencies is a pain in the arse, because you are not a person, just a faceless account number.
Posted on 4/24/12 at 4:36 pm to tigerfan4120
quote:
I didn't even file La state taxes in '09 since the income I made was from when I was living in Texas.
Here is your problem:
You filed federal taxes from a Louisiana address for the 2009 year. The state assumes you didn't pay any Louisiana state tax. You have to prove that you made this money while living in Texas.
I had the same problem in 2004 but rectified it by filing state taxes in Alabama late in 2008, showed my submitted taxes for that year to the LA DOR and I was good to go. Since Texas does not have state taxes, you need to find another way to prove it.
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