The Internal Revenue Code states that the IRS can assess
tax, make overpayment and collect unpaid taxes within a
specific period. When the Statute of Limitations
expires for a tax return, the IRS can no longer allow a
claim for refund or assess additional tax.
The period is 3 years from the tax
period due date, or 3 years from the received date of the
original return whichever is later. The statue will not
expire unless the taxpayer files a return and 3 years
Tax forms 941 943 and 945 are
exceptions. The period for these returns is 3 years from
4/15 of the year following their due date or from the
received date whichever is later.
Want to amend for a refund? Or
are simply filing late for a refund?
The rules bend in favor of the IRS.
3 years from the time the original return was filed (or
extended due date but limited) or 2 years from the time
the tax was paid, whichever of such periods expire later.
If no return was filed, the claim is allowable when filed
within 2 years from the date the tax was paid.
The RRA '98 section 3202 allows for the suspension of the
statute on filing overpayment claims during periods of
disability. This section suspends the running of the
statute of limitations on refunds during the time the
taxpayer is medically, physically, or emotionally unable
to handle their financial affairs. The disability must be
medically determinable and must continually last for not
less than 12 months or result in the death of the
taxpayer. It does not suspend the statute of
limitations for taxpayers that have a spouse or other
guardian to acct for them during the periods of
Owe the IRS money?
The collection state expiration date is 10 years from the
date of assessment of tax. If no return is filed for a
tax period, the collection statue expiration date cannot
be computed and will not expire.
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requirements imposed by the IRS, we inform you that, any U.S.
federal tax advice contained in this communication (including any
attachments) is not intended or written to be used, and cannot be
used, for the purpose of (i) avoiding any tax related penalties that
may be imposed on you or any other person under the Internal Revenue
Code or (ii) promoting, marketing, or recommending to another party
any transaction or matter addressed in this communication