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IRS Statute of Limitations for Income Taxes

The federal government provides time limitations in which you or the IRS can make changes to a tax return. Imposing time limitations provides incentive to taxpayers to report accurate and timely returns and ensures the IRS operates in the most efficient manner. As a result, the statute of limitations also relieves you of any liability to retain every tax return you ever filed.

IRS Tax Audits

The federal government limits the time period in which the IRS can audit your tax return and assess additional tax to three years from the date you file the tax return. However, if you fail to file a return, the IRS can audit you at any time. The three-year period begins on the original due date of the return even if you file the return early. For individual taxpayers, this is generally April 15 of each year. If you file the tax return late, the time period does not begin until the day you actually file. For example, if you file a tax return on March 15, 2011 the IRS has until April 15, 2014 to conduct an audit. If you file on May 15, 2011 the three-year period terminates on May 15, 2014.

Tax Refund Limitations

The federal tax law also restricts the amount of time you have to claim a refund for a prior overpayment of tax. In most cases, you must claim the refund within three years of filing a return or within two years of paying the tax, whichever is later. The two-year limitation period generally applies to sole proprietors or independent contractors who file a tax return on time, but pay the tax at a later date. For example, if you file your 2010 tax return on April 15, 2011 but do not make a tax payment until April 15, 2013, this rule allows you to claim a refund until April 15, 2015.

IRS Tax Collections

A separate statute of limitations applies to IRS tax-collection activities. The agency has up to 10 years to enforce its collection procedures on you once the assessment of tax is finalized. To illustrate, if you file your tax return on April 15, 2011 and the IRS finalizes an audit of that tax year on April 1, 2014 it then has until April 1, 2024 to collect all outstanding tax. This can be done by garnishing your wages or placing liens on personal property.

Some Exceptions

As with any legislation, exceptions to the rules exist both for taxpayers and the IRS. The time limitation the government imposes on the IRS to assess additional tax does not apply if you file a fraudulent return or make a willful attempt to evade income tax. If you under-report your gross income by an amount that is greater than 25 percent of the income you actually report on the return, the statute of limitations is extended to six years rather than three. In some cases, the IRS may even ask you to voluntarily extend the assessment period. If you agree, the applicable time limitation is that which you agree to; however, you also receive an extension of time in which to file a refund claim. The limitations on your time to collect a refund may not apply during periods you suffer from a severe disability that renders you unable to manage your financial affairs.

IRS Publication 594-The IRS Collection Process