Discussion:LATE FILED RETURN FOR REFUND
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Discussion Forum Index --> Advanced Tax Questions --> LATE FILED RETURN FOR REFUND
Discussion Forum Index --> Tax Questions --> LATE FILED RETURN FOR REFUND
LKfromCANADA (talk|edits) said: | 16 January 2008 |
| I have a client who sold a property in the U.S. in 2001. At the time, the real estate agent withheld tax on the sale, but didn't send the money to the IRS or issue tax slips until 2005. My client filed for refund of the tax on October 5, 2005 which is after the 3 year limit. I have all kinds of correspondence from the IRS dated as late as September, 2005 on this including a "we cannot process the 8288A without a social security number plus a copy of a penalty assessment to the real estate agent for late filing.
My client did not file his return, because he did not have a withholding slip proving the taxes. He has been denied the refund. Any suggestions?? | |
LKfromCANADA (talk|edits) said: | 16 January 2008 |
| P.S. They are actually making him pay the tax liability plus interest and penalties!! | |
| 17 January 2008 | |
| Wouldn't the HUD-1 from the sale of the property show that the taxes were witheld from the proceeds? | |
LKfromCANADA (talk|edits) said: | 17 January 2008 |
| I don't know when he received the HUD-1(you mean the closing statement, I assume) but yes it did. We have problems with refunds if the 8288A form is not with the return or not filled in properly. The auditor said he should have filed anyway. I got involved after the fact (once he received the 8288A) form. | |
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