Discussion:LATE FILED RETURN FOR REFUND

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Revision as of 21:21, 16 January 2008

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??