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Form 80 for St. Petersburg Florida: What You Should Know

Extension of Time to File Certain Business Income Tax Returns By John T. Coughlin, CPA  A business is required under §723.726-1(c) to complete Form 7004 within 180 days from the due date if it is not entitled to an automatic extension. Section 723.712(a) provides that the time limit is extended if the return has been filed, but the time limit has not elapsed. Section 723.726-6(c)(1) permits the service of a Notice of Deficiency in lieu of a Notice of Federal Tax intake when the time limit has not expired. Filing a Notice of Withholding In order to be entitled to an extended time to file a return, the return must have been filed, and the tax due has been paid. The IRS uses Form 7004 to request that a taxpayer notify the IRS in writing to inform IRS of the amount of tax withheld, the purpose for which the Tax Exempt Fund withheld, the person from whom the Tax Exempt Funds were derived, and the number of persons to be notified. This process is to ensure that the tax on the returned Form 7004 is paid as required. However, it is also used at times by the IRS to require that a particular taxpayer initiate notification when a return would otherwise be due in 30 days. See Example 3 below. Example 3: A taxpayer owes 3,000 in tax and has reported tax withheld to the IRS. To avoid paying a tax in January, the taxpayer signs a Notice of Withholding and sends it to the IRS via mail. The taxpayer does not withhold enough tax for a refund after filing tax return(s) in the previous six months.  If the IRS receives the Notice of Withholding, it will send a return to the taxpayers address on file at the time of the original notice. The taxpayer and the IRS can then agree on the type of return the notice indicates the taxpayer will file in the next six months. If the IRS issues a Notice of Withholding and the IRS determines the time period for which the return is to be filed is in the next six months, the Notice of Withholding will be issued. The Notice of Withholding will state the taxpayer has 120 days from the date it is mailed to mail the return. The return can be mailed to the address given to the IRS.

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