All Things Tax

All Things Tax

Like the title says, from the filing process and tax questions to tax policy and reform, you can search and share All Things Tax here. This is the place to find answers to all your general questions that don't fall under the other categories. And just a reminder: questions about software or online filing should be posted in DIY Products.

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Pioneer
Posts: 2
Registered: ‎06-13-2017
Accepted Solution

Protest assessment for Georgia Department of Revenue

Hello,

 

I received a letter from Georgia Department of Revenue stating that I have a missing return and/or owe additional tax, penalty and interest. From the letter it appeared that they found the actual income tax on reported income was more than what was withheld. 

 

I had filled the returns jointly as married mentioning my spouse's ITIN (which was hand-written on the 550EZ form).

 

I consulted Tax Pro and she informed me that it appears that they considered you as single whereas you had filled jointly as married. So, you need to protest the assessment and send them the ITIN and a fresh signed copy of 500EZ mentioning the ITIN. 

 

But, when I went to Georgia Dept. of revenue's website to Protest, I got a prompt asking if I have and attorney and if I wish to have a hearing. I was not sure what to answer there. I assume 'No'. I had purchased the product 'Peace of Mind'. Does it help? I was told while purchasing the product that H&R will represent you for any letter received from tax authorities? I do not see it happening here. What if they reject my protest?

 

Please let me know if anyone can answer above queries. Your help is much appreciated. Thanks.

Tax Pro
Posts: 5,436
Registered: ‎02-23-2016

Re: Protest assessment for Georgia Department of Revenue

Hi aniketPa,

 

Welcome to the H&R Block community.

 

At the community level we are all volunteers, so I won't be able to actually accomplish anything for you, but I will point you in the right direction with this as best I can.

 

There are certain credits and other tax benefits that are not allowed if either spouse has an ITIN.  For instance, the earned income credit is allowed only if all taxpayers on the return have a social security number.  If something was disallowed on your Georgia return that could be why you owe more tax.

 

It also could be that Georgia calculated your tax with you as a single taxpayer as you were told by your tax professional, but I don't know that I believe that.  The state normally follows your federal return, and a number of states require you to file the same way at the state level that you did at the federal level.

 

Your best option to find out why the state says you owe additional tax is to call the GA department of revenue.  There should be a phone number for them in your letter.  If you're able to get through to a live person they will be able to provide you with more detail.

 

As for "Peace of Mind", that covers you in the event that H&R Block makes an error that ends up resulting in extra tax owed and/or an audit.  It does not cover interest and penalties.  If it turns out that this was caused by an error on Block's part then you can file a claim, but first we need to find out the reason for the additional tax.

 

My suggestion for you is to, as I mentioned, first call the Georgia dept. of revenue and find out where the extra tax is coming from.  Then, if it does have to do with the ITIN number, ask what they need from you.  You can usually send the state more information.  If you just applied for the ITIN this year then you may need to send them a copy of your W-7 (Application for ITIN).

 

GA DEPT OF REVENUE (MAIN LINE FOR INDIVIDUAL TAX):  1-877-423-6711

 

If you have any other questions I'll be glad to help.

 

Louis,

Senior Tax Advisor (Tampa, FL)

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Pioneer
Posts: 2
Registered: ‎06-13-2017

Re: Protest assessment for Georgia Department of Revenue

Thank You So much LouisH.

 

Yes, I had called the revenue department earlier before visiting my Tax professional and they informed me that 'there is a difference in Tax withheld on your W2 vs the income reported by your company'. So, I called my company finance department who told me that information on W2 was correct and they reported the same.

 

Later, I called the revenue department again explaining the representative on call about ITIN for my spouse. I told her that I had filled jointly as married. She informed me that if you had filled jointly as married then you need to resubmit the 500EZ mentioning the ITIN and also attach a copy if ITIN letter received from IRS.

 

I asked her if it is fine to Protest the assessment and provide these documents and she said yes. So, I went ahead and protested the assessment and submitted the two documents. Hopefully this resolves the issue.

 

Thanks a lot for your solution. It is indeed very helpful.

Tax Pro
Posts: 5,436
Registered: ‎02-23-2016

Re: Protest assessment for Georgia Department of Revenue

You're quite welcome.