File the returns ASAP. I can't speak for Colorado with any authority,
but I do know that in California filing of the return will result in
reversal of the "filing enforcement" assessment.
Be aware that California may impose a "demand penalty" which is 25% of
the tax liability, before any prepayment credits. This penalty is
imposed for failure to file a return or provide information after
notice and demand from the Franchise Tax Board. If you were out of
the country and did not have your mail forwarded from the last address
the FTB had for you, they may have sent you demand letters that you
never received. Since 2001, the FTB has imposed this penalty only on
"repeat offenders," i.e., taxpayers who failed to respond after
receiving a demand for a return or information within the previous
four years. So if this is your first offense, the penalty should not
be imposed.
Katie in San Diego
The foregoing is intended for educational purposes only and does not
constitute legal or professional advice. Nothing contained herein is
intended to be used, or can be used, by any person to avoid penalties
that may be imposed under federal or any state law.
Katie,
Thank you very much. Really appreciate the information. This is
definitely the first time this has happened and hopefully I should not
owe anything in taxes as there was significant deduction at source. I
still have to figure out the colorado thing though.
Well, Colorado doesn't have anything like California's nasty demand
penalty, and the first thing you need to do there is to file the
return, ASAP.
You might want to call the Colorado DOR and explain your circumstances
and ask if there is anything you need to do, apart from filing the
return, to abate the original assessment.
Thanks again. This is all good and helpful information. Am in the
process of doing so. I intend to call the DOR colorado / FTB - CA and
file the returns.