Let us create a 3D eBook for you!
Let us create a 3d Digital eBook for you! DigyCat.com

IRS Statute of Limitations: Do Taxes Ever Expire?


Many Americans believe that an IRS debt is a debt for life and that the tax collector can hound them to the grave. Thankfully, that is not the case and there are statutory time limits on the ability of the IRS to examine and collect taxes. Taxes do expire at some point and in some cases IRS does not get the money they were legally entitled to collect.

Basically, IRS has 10 years from the date they send out their first bill to collect the tax.The 10 year rule does not apply to the states. Some, like California have no statute of limitations and the state tax collector can indeed hound you forever. The federal tax collector must get the cash before the clock runs out.

For tax assessments made after November 5, 1990, the IRS cannot collect the tax after 10 years from the date of the original assessment absent special circumstances. Special circumstances that may extend the statute are: a bankruptcy not completed or wherein the tax is not discharged; filing an Offer-in-Compromise; or signing a Form 900 Waiver allowing the United States additional time to collect the tax. Also, it is possible for the government to sue to reduce the tax claim to judgment before the 10 years expires.

If you never file a tax return, there is no statute of limitations on IRS requiring you to file, but as a matter of policy, IRS generally only requires non-filers to file the last 6-7 years. If IRS files for you by doing a Substitute-for-Return (SFR), they have 10 years from the date they file the SFR to collect from you. If a Federal Tax Lien is on file against you, it expires and becomes void if the underlying statute expires.

You can find out when the statute expires on your tax bill by requesting a Record of Accounts (ROA) from IRS for each tax year you owe. If you can't afford to pay the tax, your account might be eligible to be put in a "temporary hardship" status. It may be possible to "ride out" the statute in hardship if you qualify. An impending statute might also be a beneficial factor in an Offer-in-Compromise.

If you have a refund coming to you, you only have 3 years from the due date to collect your refund. If you file 3 or more years after the due date, the refund is lost. In some cases you can peruse a refund beyond the three years. If you full pay the tax, you can file a claim for refund within 2 years of the payment. If your claim relates to a bad debt or worthless security, you have 7 years to make a claim.

The flipside to the 3 year refund rule is that IRS only has 3 years to examine a filed return by audit in most cases. Now, the tax code is complicated and there are exceptions to these rules. If you have committed fraud or tax evasion, there is no statute for audit. There is also a 6 year rule for audit in cases of "substantial omission" of 25% or more in income. But for most folks, the three year statute will apply on audits.

Websites that can help you research these issues are: www.irs.gov, www.naea.org, www.exirsman.com, www.taxattorney.com, and www.etaxes.com. I do not recommend dealing with IRS on your own. You should get help from a tax pro if you have a tax collection or audit issue. Don't hire some company you saw on a TV commercial, hire a flesh and blood person or reputable firm. A good CPA, Enrolled Agent (EA), Accredited Tax Advisor (ATA), or Tax Attorney can be invaluable. If you want to call IRS yourself, they can be reached at 1-800-829-1040.

James Robert Coleman, E.A., A.T.A.
Enrolled Agent & Accredited Tax Advisor
Member: National Association of Enrolled Agents
Former IRS Revenue Officer, GS-11
http://www.exirsman.com


MORE RESOURCES:

Taxes - Google News

This RSS feed URL is deprecated

This RSS feed URL is deprecated, please update. New URLs can be found in the footers at https://news.google.com/news

Legislator: Delay paying property taxes - Peninsula Daily News


Peninsula Daily News

Legislator: Delay paying property taxes
Peninsula Daily News
It was voted Wednesday night out of the Senate Ways and Means Committee by a party-line vote of 14-10 and sent Thursday to the Rules Committee, prompting Van De Wege to send out a news release late Thursday morning suggesting that Republicans forced ...

and more »

Fed up with skyrocketing property taxes? Don't pay bill in full, say some state lawmakers - KOMO News


KOMO News

Fed up with skyrocketing property taxes? Don't pay bill in full, say some state lawmakers
KOMO News
SEATTLE - It's a plan you might never think would be endorsed by state lawmakers: don't pay your entire property tax bill in full, at least for now. Sen. Mark Mullet (D-Issaquah) and Sen. Dean Takko (D-Longview) say they have a plan to reduce ...

SC tax reform plan would increase cost of groceries, but cut sales taxes - The State


The State

SC tax reform plan would increase cost of groceries, but cut sales taxes
The State
An S.C. House panel unveiled a proposal Thursday to increase the taxes on groceries and power bills in the Palmetto State. But that panel also proposes cutting other taxes as part of a tax-reform package that House Speaker Jay Lucas says will make the ...

An old tax scam — with a troubling new twist - Washington Post


Washington Post

An old tax scam — with a troubling new twist
Washington Post
But because many more people have become aware of the telephone tax-payment trick and learned to ignore the threats, the schemers had to evolve. And the latest twist on this swindle is just pure evil. [Don't be fooled by fake IRS calls or emails]. The ...
Get your tax refund before you file? Here's why it's happening Detroit Free Press

all 58 news articles »

How will tax reform affect my refund next year? - AOL


AOL

How will tax reform affect my refund next year?
AOL
We know that you work hard for your money and often a tax refund may be the biggest check you get all year, so we're here to let you know how the new tax reform legislation may affect your tax refund next year. The new tax law is the largest piece of ...
Keep an eye on your tax planning even as bigger paychecks come your way Detroit Free Press

all 9 news articles »

Commerce Secretary Wilbur Ross, who called raising gas taxes a 'horrible idea,' says Trump is considering a hike - CNBC


CNBC

Commerce Secretary Wilbur Ross, who called raising gas taxes a 'horrible idea,' says Trump is considering a hike
CNBC
U.S. Commerce Secretary Wilbur Ross on Thursday confirmed that President Donald Trump is open to raising federal fuel taxes, saying it's logical to charge drivers for road improvements. Three years ago, Ross denounced calls to raise the gas tax, saying ...

and more »

Tech giants face new UK tax clampdown - BBC News


BBC News

Tech giants face new UK tax clampdown
BBC News
Some of the world's largest technology firms are facing hefty new bills as the UK government moves to fundamentally change the way they are taxed. Google and Facebook are braced for significant changes in the tax system after the Treasury told the BBC ...
Facebook and Google could soon have much higher taxes in the UK, report says CNBC
Tech giants face UK tax overhaul as Treasury says they must pay more Telegraph.co.uk

all 14 news articles »

5 Ways to Avoid Paying Taxes on Your Social Security Benefits - Yahoo Finance


5 Ways to Avoid Paying Taxes on Your Social Security Benefits
Yahoo Finance
If you file an individual return and your combined income is between $25,000 and $34,000, you may owe income tax on up to 50 percent of benefits. Earn more than that, and up to 85 percent of your benefits could be subject to taxes. For those filing a ...

and more »

How the standard tax deduction could cost you - USA TODAY


USA TODAY

How the standard tax deduction could cost you
USA TODAY
“I have my people do a quick little check that says, 'OK, how much did you pay in state income tax on your W-2s, how much have you paid for real estate tax and how much have you paid for mortgage interest?' If those are getting you close to that $12 ...

LargeFriends.com - the best dating site for plus-sized singles!
SuccessfulMatchCentral.com - the best dating site for plus-sized singles!

PreLaunchX

PrimeNews Domain Is For Sale - $5,000 For Enquiries eMail Us

© www.PrimeNews.biz - 2012

home | site map | links