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Flegs
New Member

If I timely filed a federal and state tax return but fail to file a RITA return, can RITA collect taxes more than 3 years after filing the federal and state return?

I had no knowledge that I owed RITA taxes.  Just received a small claims notice that a RITA municipality is attempting to collect taxes owed for 2008 and 2009.  I am aware that the municipality has 3 years after the tax is due or the return is filed, whichever is later to pursue a civil action--however, I did not file a RITA return and need to know if the 3 year statute of limitations starts from the date I timely filed that Federal and state tax returns or whether there is no statute of limitations on the RITA taxes, since I did not file a RITA return for 2008 and 2009.

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1 Reply
Hal_Al
Level 15

If I timely filed a federal and state tax return but fail to file a RITA return, can RITA collect taxes more than 3 years after filing the federal and state return?

In general the three year rule applies to errors to your return and not for failure to file. RITA is an administration unit. Each municipality, that RITA collects taxes for, has it's own ordinance.  You will have to check your city's ordinance. For example, mine (Fairborn) has a 5 year statute of limitations for failure to file. See https://www.ritaohio.com/municipalities/rita-rules-and-regulations/

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