How do I file an appeal with VA state income tax commissioner?

[tk01kj]

In tax year 2018 I mistakenly paid income tax to Virginia even though I did not live or work in Virginia. I filed a non resident form to Virginia to return that money back in 2021, but it's been almost 2 years and I have not received a check despite at the time speaking with a woman who said they are processing. I tried calling Virginia Dept of Tax without response. I tried filing an appeal with the proof of mail delivery but without response. What can I do?

[Bsch4477]

https://www.tax.virginia.gov/sites/default/files/inline-files/AppealsForm.pdf

[tk01kj]

I already submitted this by certified mail a year ago. The Tax Commissioner never responded. Is there a way to send a personal letter to the residency?

[DoninGA]

Or you can contact the Virginia Taxpayer Rights Advocate.

https://www.tax.virginia.gov/taxpayer-rights

[tk01kj]

Was there a deadline for contacting VA Taxpayer Rights Advocated?

[DoninGA]

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@tk01kj wrote:

Was there a deadline for contacting VA Taxpayer Rights Advocated?

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Sorry, I cannot answer your question.  I am not familiar with the Virginia Taxpayer Rights Advocates office.  

As stated on the website -

When contacting the Taxpayer Rights Advocate, you will need to provide a detailed description of the problem or complaint and the steps you have taken to resolve the issue. Please include a daytime phone number and your address in your request.

Sending them a registered letter detailing your issue and the steps you have taken would hopefully initiate a response from them.

[tk01kj]

If this complaint to their supervisor doesn't work, do you think I can provide evidence to my bank and they can reverse the ACH payment since this wasn't a "deduction" of the refund but actually a mistaken tax payment?

[Mike9241]

have to ask your bank. 

[Bsch4477]

I doubt that the bank has the authority or the willingness to adjudicate a tax issue between you and the state of Virginia. 

[NCperson]

contacting the bank MAY have worked when the transaction first occured, but the ACH "statute of limitations" has long been exhausted.  

[NCperson]

have you tried calling you state legislative represntative to intervene? 

[tk01kj]

Yes. I'm not asking the bank to intervene with this issue. But what is the ACH "statute of limitations" for commercial ACH transactions (i.e. paying to a landlord)?

https://law.lis.virginia.gov/vacode/title8.3A/chapter1/section8.3A-118/ According to this, it states anywhere from 3-6 years.

[NCperson]

@tk01kj - not understanding where you are going with this.  ACH transactions are part of the banking system and you really can't separate an ACH transaction from Banks and look at other regulations. 

Simply, call your legislative representative as this is a State matter.  That is what your elected officials are for.  They have ways to 'grease the skids' with the government  agencies and that is all you really need.  You don't want to go through the hassle of a lawsuit, you just want resolution.  THis is why you elected them into office, so they could help you out with these kinds of issues - they are going to be happy and please to resolve this (because they want you to vote for them again in November!)