TAX REFUNDS, TAX AUDITS AND DEBT COLLECTION

bursa cpns - The tax office gives itself enough time to make sure your tax situation is in order. The Internal Revenue Code gives the Internal Revenue Service three years to review your tax return and 10 years to collect any taxes you may owe. It also sets a deadline for you when you must file your return if you want to receive your refund.

All of these restrictions are referred to as "statute of limitations" by the IRS.

You usually have three years to claim a tax refund

You have three years from the date of the original filing deadline for your tax return to claim a refund to which you may be entitled. Your 2020 tax return is normally due April 15, but it has been rescheduled to May 17, 2021 due to the coronavirus pandemic. So you have until May 17, 2024 to claim your tax refund.

However, this period is extended by a year if you are late in paying taxes. The limitation period is only two years from the date of the last payment of the tax debt due on the return, if this date is later than the three-year due date.

Your refund will expire and go away forever if you wait longer than the deadline because the statute of limitations for claiming a refund will expire.

Modified return and extension of time for filing

Amended returns requiring additional refunds must match the original statute of limitations—they must be filed with the IRS within three years of the original due date. The three-year statute of limitations starts on the day you file your tax return if you have an extension to file your return.

Exceptions to the three-year return rule

There are two main exceptions to the three-year limitation period for refunds:
Taxpayers have up to seven years to claim a refund as a result of deductions for bad debts or worthless securities.

The three-year statute of limitations does not apply in situations where taxpayers are unable to manage their financial affairs due to physical or mental disabilities.

What happens to your refund if you don't collect the money?

If you qualify for a refund but don't file within the statute of limitations, the federal government keeps the money. In IRS terminology, this is considered an "overcharge". This refund cannot be sent to a taxpayer or used as a payment in a future tax year.

The IRS has three years to review your tax return

The three-year statute of limitations for audits starts counting down the tax due date. This deadline applies to most situations.

In 2021, it will be May 17 because the IRS has extended the current COVID-19 pandemic. So the IRS has until May 17, 2024 to initiate an audit, even if you file your return in February 2021. The due date will be April 15 in all other years, except for special IRS regulations.

If you ask for a time extension on file, the IRS will have three years from the actual date of the file. The three-year clock will start ticking in August if you were supposed to apply in August.

Most state tax authorities follow a federal three-year period for auditing tax returns, but some have longer restrictive laws.

Exceptions to the three-year audit rule

There are exceptions to the three-year federal rule on assessments and audits: The
IRS has six years from the filing date to audit a tax return and assess additional tax if a taxpayer omits income that is more than 25% of what was reported on the tax return. The IRS also has six years to review a tax return and assess additional tax on income related to undisclosed foreign financial assets if the omitted income is more than $5,000.

Statute on Restrictions In audits and assessments of additional taxes may remain open indefinitely if taxpayers files a false or fraudulent tax return.

IRS has 10 years to collect outstanding tax debts

The 10-year deadline for collecting outstanding debt is measured from the date the tax liability is finalized, which can happen in a number of ways. Your liability may be considered finalized because it is the amount of tax recorded on the return you filed, because it is an additional audit tax estimate, or because it is a proposed estimate that has become final.

The IRS has 10 years to collect the entire amount from the date of completed tax liability, plus any penalties and interests. The remaining balance disappears permanently if the IRS does not collect the full amount within a 10-year period, as it expired when the limit expired.

The statute of restrictions can be suspended

The 10-year collection restriction statute may be suspended in the following situations:

While the IRS is reviewing a compromise offer, installment agreement, or innocent spouse's release request

As long as the taxpayer is under automatic suspension of bankruptcy protection plus an additional six months For periods where the taxpayer resides outside the United States for at least six months.

This pause means that the clock actually stops at that time. For example, the IRS may take a month to evaluate your request for an installment payment on a tax debt you owe. In this case, the 10-year statute of limitations will be extended by 30 days.

Using Time Limits for Tax Planning

It is in your best interest to file your tax return as early as possible. First, you can claim the refund that is due to you. Second, it starts counting a three-year statute for audits and a 10-year statute for fees.

When it comes to multiple tax years, the applicant has unique planning opportunities because refunds that are still allowed over the three-year term can be used to pay off other tax debts owed by the IRS or applied to your current year's estimated taxes . .