How long does IRS have to collect back taxes?
How long does IRS have to collect back taxes?
September 19, 2010The IRS has a 10 year period of time in which to collect back taxes. After that ten year period of time, the back taxes drop off the tax data base and the debt is legally forgiven and can never be collected. The federal tax liens are also released by statute.
The IRS Statute of Limitations
The IRS’ collection statute of limitations refers to the maximum time period the IRS can seek to legally collect back taxes from the taxpayer. The ten year period of time begins when you file a tax return and the tax return legally posts to the IRS computer. This is usually 6 weeks after your tax return is filed. Example, if your tax return was filed April 15, 2010 and it posted on the IRS data base on June 1, 2010, the statute of limitation period would be June 1, 2020. So it is possible to have back taxes forgiven.
IRS Statutes may be extended
Certain events, like federal bankruptcy, can extend the time the Internal Revenue Service has to collect your back taxes. When you file a federal bankruptcy, it stops the running of the statute period.The clock starts ticking once again after the adjudication of the bankruptcy is over plus 6 months.
Other reasons for statute extensions:
- leaving the country for a period of time- the period is extended to the length of time out of the country
- filing for an offer in compromise- for the duration of the consideration period
- collection due process hearings- the time the case was in due process status
- military deferment- time away
- signing of a collection waiver- signing of form 900 or 2750 till the date acknowledged on the form
It is very vital to consider the effect your actions will have on the statute periods before taking any of the above actions, especially bankruptcy. Any tax debt not included in the bankruptcy will remain, and the IRS can and will resume enforced collection action once you come out of bankruptcy. In this way many taxpayers are shocked to have levy notices and bank garnishments on old tax balances they were sure the period of time expired. Usually, taxes must be three years or older, filed for 2 years, and assessed for 240 days may be discharged.
Common misconception
The back tax expiration date is ten years from the date of assessment, commonly called the TC 150 or the CSED Date. Most common misconception is that the statue expires 10 tax years later. Remember, IRS must begins the running of the statute by the process date of your tax return on their computer.
Substitute for Return
If IRS filed your tax return under 6020b of the IRC and did a substitute for return(SFR), the same ten year statute applies.
Beware of the the Statute period
If the statute expiration date is coming near, the IRS will become much more aggressive in its attempts to collect the back tax liability. Besides the obvious result of enforced collection action may occur such as bank levies and wage garnishments.IRS may times will want a 900 waiver signed to extend the statute of limitations. Be very careful not to sign any document within one year of the statute.
Reduce the federal tax lien to a judgment
One other caution, if IRS feels they have collection potential, they may decide to file a suit for judgment which will extend the statute for a given period of time. This varies from State to State. Many times, it is up to 20 years.
-
http://www.bourguignonlaw.com George Bourguignon
-
Mcaprio77
-
Leonardschwalen
