Statute of Limitations
The IRS has just ten (10) years from the date of a tax assessment to collect the tax from the taxpayer.
This is called the Collection Statute
When Does the Collection Statute Start to Run?
The statute starts on the day an IRS assessment is made.
Generally, the dates of assessment are:
Filed tax returns – The date you mailed the tax return plus six weeks.
Audit Adjustments (agreed) – The date you signed the auditor’s report plus three weeks.
Audit Adjustments (unagreed) – The date the appeals process and the tax court process (if any) is completed and the tax court judge has issued his or her ruling.
What Will Cause the Collection Statute to be Extended?
The Collection Statute can be extended (tolled) by one or more of the following acts or situations:
The filing of a bankruptcy petition - The statute is extended for duration of the bankruptcy proceedings.
The filing of an Offer in Compromise - The statute is extended for duration of the Offer or one year, whichever is greater.
The signing of a waiver extending the statute - The statute is extended to date indicated in signed waiver. Never sign a statute extension without first consulting your tax advisor.
The taxpayer is out of IRS jurisdiction – The statute is extended for duration taxpayer was out of IRS jurisdiction.