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Statute of Limitations

The statute of limitations is a critical component of the United States tax system, providing a definitive time frame within which the Internal Revenue Service (IRS) can take actions involving assessments (additional tax liabilities), issue refunds, and enforce collection of assessed liabilities.

Legal Foundation of the IRS Statute of Limitations
The IRS statute of limitations is primarily governed by the Internal Revenue Code (IRC). The general rules for assessment and collection of tax liabilities and for taxpayer claims for refunds are found in sections 6501 and 6511 of the IRC, respectively.

General Rule for Tax Assessments
Under IRC § 6501(a), the IRS generally has three years from the date a tax return is filed to assess any additional tax. If a return is filed before the due date, it is considered filed on the due date for purposes of the statute of limitations.

General Rule for Collections
The IRS generally has 10 years from the date your tax was assessed to collect the tax and any associated penalties and interest from you. This time period is called the Collection Statute Expiration Date (CSED).

Your account can include multiple tax assessments, each with their own CSED. Examples may include:

  • Original tax amounts you owe when you file your federal tax return
  • Additional taxes you owe when you amend your return
  • Substitute for return tax balances
  • Additional tax we find that you owe due to an audit
  • Civil penalty amounts
  • Certain penalties and interest

A variety of laws affect the CSED. More than one action or situation can change the collection period. For example, if a taxpayer files bankruptcy, the 10-year statute stops when the bankruptcy petition is filed, and does not start up again until six (6) months after the bankruptcy discharge date.  The CSED also stops when an Offer in Compromise or a Collection Due Process Appeal is filed, and does not start up again until 30 days following the final determination by the IRS of its action on the matter.

General Rule for Refund Claims
According to IRC § 6511(a), taxpayers must file a claim for a credit or refund of overpaid taxes within three years from the date the original return was filed or two years from the date the tax was paid, whichever is later.   The taxpayer will forfeit any refund for a delinquent tax return filed more than 3 years from its original due date.

Exceptions to the General Rule
There are several notable exceptions to the general three-year statute of limitations for both tax assessments and refund claims.

Fraud or Willful Evasion
Under IRC § 6501(c)(1), if a taxpayer files a false or fraudulent return with the intent to evade tax, there is no statute of limitations, and the IRS can assess tax at any time.  As a side note, any liability for which a civil fraud penalty was assessed or a criminal conviction is not eligible for bankruptcy discharge.

Failure to File a Return
If a taxpayer fails to file a return, the statute of limitations does not begin to run. Consequently, the IRS can assess tax at any time as per IRC § 6501(c)(3).  Typically, the IRS will prepare a substitute return (under IRC 6030b) based upon any information they have, including industry data.  The taxpayer can file a delinquent “original” return at any time after the substitute is assessed, and that will start the normal 3-year statute for further assessment.

Substantial Understatement of Income
In cases where a taxpayer omits more than 25% of their gross income stated on the return, the statute of limitations for assessments is extended to six years, according to IRC § 6501(e)(1).

Specific Situations Involving Refund Claims
There are particular circumstances where the time frame for claiming a refund may be extended:

  • Bad Debt or Worthless Securities: Taxpayers have up to seven years to claim a refund related to a bad debt or worthless securities under IRC § 6511(d)(1).
  • Foreign Tax Credit: Claims for credit or refund attributable to foreign taxes must be made within ten years as stipulated in IRC § 6511(d)(3).

Tolling of the Statute of Limitations
Certain events can toll, or pause, the statute of limitations, extending the period during which the IRS can assess tax or taxpayers can claim refunds.

Written Agreements
The IRS and the taxpayer can mutually agree in writing to extend the statute of limitations for assessments. This agreement, typically formalized using Form 872 or Form 872A, allows the IRS additional time to examine a return and assess any tax due.

Bankruptcy Proceedings
During the period a taxpayer is in bankruptcy, the statute of limitations for tax assessment (as well as collection as shared previously) is suspended. The suspension lasts for the duration of the bankruptcy case and an additional six months thereafter, as outlined in IRC § 6503(h).

Practical Implications and Considerations
Understanding the statute of limitations is vital for both taxpayers and tax professionals. It affects various aspects of tax planning, compliance, and litigation.

Record Keeping
Taxpayers should maintain accurate and comprehensive records for at least as long as the statute of limitations applies. This includes income documentation, receipts, and other supporting evidence for deductions and credits claimed on tax returns.  Keep in mind that many states, including California, have longer statutory periods for assessment.

Proactive Measures
Taxpayers and their advisors should regularly review past tax filings and financial transactions to ensure compliance and identify potential issues before the statute of limitations expires. In cases where additional tax liabilities are identified, amending returns proactively can mitigate penalties and interest.

Strategic Considerations
When considering whether to extend the statute of limitations through a written agreement, taxpayers should weigh the potential benefits of providing the IRS with additional time to examine returns against the risk of prolonged uncertainty and potential additional liabilities.  Taxpayers should be aware that often a restricted consent can be executed which limits the time to assess to specific issues.  This can minimize the opportunity for the IRS to conduct a “fishing expedition” to look for other issues for proposing additional tax due.

Conclusion
The IRS statute of limitations serves as a crucial safeguard for both the government and taxpayers, ensuring that tax matters are resolved within a reasonable time frame. While the general rules provide a clear framework, the numerous exceptions and tolling provisions require careful consideration and strategic planning. By understanding these rules and their implications, taxpayers and tax professionals can navigate the complexities of the tax system more effectively, ensuring compliance and minimizing potential disputes with the IRS.