What to do if I was court ordered to make restitution to the department of revenue for unpaid sales tax which I did but now the state wants to increase the amount?

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What to do if I was court ordered to make restitution to the department of revenue for unpaid sales tax which I did but now the state wants to increase the amount?

After making the payment the department of revenue told me they did not include all taxes due in the investigation and want me to pay more. Are they allowed to change the amount after a court order has been satisfied?

Asked on June 15, 2015 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

For a definitive answer, you need to bring the court order and the corresondence from the dept. of revenue to an attorney who can review and compare them.

As a general matter, it depends on what/when are the additional taxes and how that relates to the period covered by the order. For example, say that the original case was brought for taxes from 2012 and 2013 and the order required you to pay 2012 and 2013 taxes in the amount of X. They should not be able to now bill you for X + Y taxes for 2012 and 2013, since the court order covered that period and found that the amount due was X.

However, say that they now find that you also owe for 2011 or 2014; since those years are beyond the years covered by the court order, they should be able to seek taxes for those years.


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