IRS Statute Of Limitations – Has your Statute Expired on your Case? – IRS Audits, Collections, Fraud

October 11, 2011
Written by: steve

IRS does have a Statutes of Limitations on different types of IRS activities such as Audits, Collections, Fraud, and SRF.

Statutes are different on each circumstances. The following is a list below of the statutes and when they would typically expire.

 Tax Audits:

The statute of limitations limits the time during which an action can be brought by the IRS for a tax audit. There is generally a 3-year statute of limitations for the Internal Revenue Service auditing your tax return.

Collections:

Internal Revenue Service has generally 10 years to collect money from you. The ten years runs from the date of assessment or the TC 150 date. Certain things extend the statute like the filing of an offer, litigation or a bankruptcy. It is best to check with the IRS or a tax professional regarding the date of the assessment.

The IRS is required to assess tax within 3 years after the tax return was filed with the IRS.

Gross Omission of Income:

The statute of limitations is 6 years if the taxpayer omits additional gross income in excess of 25% of the amount of gross income stated in the tax return filed with the IRS.

Under 6020 B: Substitute for Return –  SRF

If the tax return was prepared by the IRS under the authority of section 6020(b) of the Tax Code the statute of limitations does not apply.On a non-filed tax return IRS can file the return under 6020B any time they want.

Criminal Fraud:

The statute of limitations does not apply in the case of a false tax return or fraudulent tax return filed with the IRS with intent to evade any tax.

 

Filed Under: Tax Help
Tags:

FREE

Consultation

No Obligation
We are here to help!

  • Should be Empty:
“Thanks to Fresh Start, I am feeling more and more confident about finally getting caught up after all these years.”
M. Johnson

“I will certainly refer anyone I come across who needs your services for sure.”
Jody and Don

“I cannot thank you enough for handling my IRS issues. After dealing with another office who did nothing, you guys did everything that you promised. Thanks again, especially Steve Jacob for guiding me every step of the way.”
Jerry H.