STATUTE OF LIMITATION ON ASSESSMENT
Just like a slip and fall case has its applicable statute of limitation, tax cases have statutes of limitation too. This section examines tax statutes of limitation.
Questions:
- How long does the IRS have to collect money from me?
- Why did the IRS keep my refund?
- How long does the IRS have to audit my tax returns?
Answers:
How long does the IRS have to collect money from me?
After a tax return is filed, the IRS generally has ten years to collect the tax from you. If the IRS does not collect the tax within ten years, it may be barred from attempting to collect from you. There are ways that this
ten-year period can be extended, including the filing of an Offer in Compromise, the filing of a bankruptcy, signing a waiver or others. Unfortunately, the collection statute of limitation does not begin to run until you file your tax return or an assessment is made. If you have an older tax liability and question whether the IRS can still legally collect from you, please call us. We can obtain internal IRS documents to determine whether the IRS is legally entitled to collect this liability from you. Patrick T. Sheehan & Associates, Attorneys at Law, P.C., has calculated the expiration of the collection statute of limitation and provided advice regarding this issue to its clients since its inception in 1991. Patrick T. Sheehan & Associates, Attorneys at Law, P.C., builds upon its past successes and has developed a collection statute of limitation strategy that promotes positive results for our clients.
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us before the IRS calls you! ®
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Why did the IRS keep my refund?
The IRS will typically keep or delay your refund if you have unpaid liability for other years, if you have unfiled tax returns, if you are in bankruptcy or if you are under audit. There is also a refund statute of limitation on refunds where the IRS is barred by law from sending a refund on an older tax return to you. Most people do not realize that the law can bar the IRS from sending a refund to you if you do not act within the time period for doing so. If your tax return was due greater than three years ago, the IRS may be prohibited from issuing a refund for that year. However, if an older tax was actually paid within the last two years, the IRS may be able to issue that refund. There are some limited exceptions to the refund statute of limitation. Patrick T. Sheehan & Associates, Attorneys at Law, P.C., has successfully obtained refunds for many of its clients since its inception in 1991. Patrick T. Sheehan & Associates, Attorneys at Law, P.C., builds upon its past successes and has developed a strategy
to obtain refunds for its clients. If you believe that the IRS has improperly seized or delayed your refund, call us.
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us before the IRS calls you! ®
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How long does the IRS have to audit my tax returns?
The IRS generally has three years after a tax return is filed to audit that tax return and to assess additional tax. However, if there is a substantial omission of gross income on the tax return (25% or more), the IRS has six years after the tax return is filed to audit that tax return and to assess additional tax. Finally, the IRS can assess tax at any time if no tax return is filed, or if there is fraud or an attempt to evade the tax on the return that was filed.
When conducting an audit, the IRS typically starts with one year. If the audit for that year reveals no problems, the IRS may close the audit without expanding it to other years. If the IRS finds discrepancies within that year, it often expands the audit to other years, typically to a total of three years. Patrick T. Sheehan & Associates, Attorneys at Law, P.C., has successfully represented many taxpayers in audits before the IRS since its inception in 1991. Patrick T. Sheehan & Associates, Attorneys at Law, P.C., builds upon its past successes and has developed an audit defense program that promotes positive results for our clients. If you are under audit, or have received a notice that you are going to be audited, call
us.
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We can help. Call
us before the IRS calls you! ®