The IRS Statute of Limitations sets a time limit on how long the IRS can pursue the collection of tax debts. Typically, tax debts are collectible for up to ten years from the date of assessment, with certain tolling periods that may pause the clock. This period is known as the Collection Statute Expiration Date (CSED). It's important to understand that the date of assessment is not the date on your tax return but the date on the IRS Notice of Deficiency.
After ten years, the IRS reaches the CSED on your tax debt. However, tolling periods can extend this timeframe. For example, if you go through bankruptcy or file an Offer in Compromise, the clock stops and the period is extended accordingly. Understanding these tolling periods is crucial to accurately determine when your tax debt can no longer be collected.
Determining the total time the clock has run can be complex, and working with a tax professional can provide valuable insights based on your financial and taxpayer history. Keeping accurate records of the past years can make this process easier. However, even an estimated date is better than having no date at all.
As the CSED approaches, the IRS may become more forceful or aggressive in their collection efforts. It's important to note that deliberately avoiding payment of your tax debt can lead to criminal charges and is not a valid strategy. If you have forgotten about a tax debt from several years ago, it's possible that you no longer owe anything, provided you have been compliant with your estimated payments and tax returns since then.
When dealing with the IRS Statute of Limitations, it's essential to consider other aspects as well. For example, there are statutes of limitations on tax refunds, which typically expire three years from the tax filing deadline. Amended returns also have the same statute of limitations. Additionally, the IRS has a three-year deadline for completing tax audits, with exceptions for fraud or criminal activity.
It's worth noting that state tax agencies have their own statutes of limitations, which may differ from federal rules. Some states allow longer periods for collecting tax debts, while others align with the IRS guidelines. Seeking professional assistance and legal counsel is essential when dealing with tax authorities at both the state and federal levels.
Understanding the options available under the IRS Statute of Limitations and considering state tax limitations can help you determine the best course of action. Whether you decide to let the timer run out completely or explore other alternatives, such as partial payment agreements, working with a tax professional is critical to navigating the complexities and achieving the most favorable outcome. Let us assist you in finding the right solution for your tax situation.
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