Quote:
Originally Posted by Hopeless
Dear Soccertese,
About your TAX returns. There is a statute of limitations on getting any refunds due you and it is 3 years. However, if you OWE, there is no limit of time. You would be required to pay any and all taxes for any and all years late. Even if you did not owe FEDERAL INCOME TAX, if you earned a net of over $400 in self-employment, you would still owe Social Security and Medicare tax on it.
Are you saying that you had less than $400 net income from your self-employment during the years that you were late filing your returns?
It is very surprising for a disability law firm to accept any claimant that did not meet the eligibility requirements of being insured under the Social Security system.
It is situations where DLI (Date last insured) and Date of Onset create problems with qualifying for eligibility and some decisions must be made as to which dates to use as the date of onset.
As far as "accepting" your tax return information. If you PAID Social Security taxes, it is my belief that the returns MUST be accepted if filed. Your payments may not simply be ignored. As far as the IRS, they do not have to provide any "refunds" on returns filed beyond 3 years after they are due.
Hopeless
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all my income was via a sole proprietor business and on a SE form. btw, thanks for your responses, always amazed at the kindness of strangers on these boards!
i didn't file 2008,2009,2010,2011 returns until 2013 but actually overpaid my estimated taxes in each year they were due which was all 4 years so there was no penalty, SOCIAL SECURITY still wouldn't accept the wages i earned in any of those years except 2011. I had filed late returns before, always paid enough taxes but they were all within 3 years so i guess having filed late returns before made me think it was no big deal since i had paid the taxes on time.
as an aside, i found out from IRS that it takes 12 months now to get their numbers over to SS if you file a late return. dealing with the IRS over these late returns was a nightmare, admittedly my fault for filing so late. they sent me a letter stating i owed quite a bit of money based on stock sales from my 1099'S. Since i hadn't filed a SCHEDULE-D stating the cost basis of my stocks, they assumed 100% profit on each trade. This got my attention to say the least. To make a long story short, i had a deadline to get my returns to them which turned out to be 30 days. I sent my returns to them certified mail and go proof of receipt. called them a week later, they had no record of receiving the returns. called 2 weeks, no returns, was told it could take 6 weeks to register them, past the 30days. i was told not to worry, as long as they received them on time i had nothing to worry about. talk about something to worry about. i actually took copies down to the local IRS office and asked them to stamp one to send to their FRESNO office and stamp one for me to keep so i could prove they got them within 30 days. so they got them in time. you never talk to the same person twice and get different answers. lesson here is get your returns in on time.