If you have overpaid your taxes or had penalties unlawfully collected, there are ways of getting your money back. But you must move quickly – if you wait too long, the statute of limitations may run out and you may no longer be eligible for tax refunds.
Obtaining a tax refund
The Internal Revenue Service (IRS), California Franchise Tax Board (FTB), California Department of Tax and Fee Administration* (CDTFA), and Employment Development Department (EDD) are all authorized to issue refunds for overpayment of any tax made in excess of that which was rightfully due. This includes the abatement of any penalties.
To obtain a refund, however, you must first make an administrative claim by filing the appropriate form with the proper taxing agency. If your claim is denied, only then may you file a lawsuit in District Court, the U.S. Court of Federal Claims, or state court.
Tax refund lawyers
The tax team at Moskowitz, LLP represents individuals and businesses from throughout the United States and abroad with the full range of tax issues, including obtaining tax refunds and penalty abatement.
* Formerly called the State Board of Equalization (BOE)