CA / AZ: 2004/2005 I paid tax to the wrong state

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jasonp1982

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In 2004 and 2005 I had a small business partnership based in California. Since I live and work in Arizona the company accountant arranged it so that I would be paying my personal taxes to my home state.

Apparently for a period of time in late 2004 to early 2005, my earnings were being reported to CA and I was unaware, so I paid all of my personal tax to Arizona during this period.

I found out this last week when CA garnished my bank account for a good chunk of money for the year of 2005. After contacting them, they said I can file an NR form to try and get some of that back, however after contacting AZ I find out that I cannot revise my tax return for those years because it is out of the statute of limitations.

I am concerned that I am going to have to pay taxes on this money twice and I am also concerned that if I file the NR form to CA to get any portion of that back, that they will realize that all of my income came from that company and they will try to claim that I owe them taxes on all of my income from that year.

They have yet to pursue anything for 2004, but did tell me that they have earnings reported for that year.

I was not involved in the accounting side of the company at all, so I don't really have any records as to what had actually been done to allow me to pay taxes to my home state, or how CA had any of my income reported to them. The only thing I can think of was a brief period of time when we had used a paycheck service.

I really don't know what to do. Any advice would be helpful.

Thank you,
-Jason
 
Speak with your CPA or tax attorney.


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