As with most rules and regulations,
there is an IRS statute of limitations on tax refunds from the IRS. According
to the IRS statute of limitations and under section 6501(a) of the Internal
Revenue Code (Tax Code) and section 301.6501(a)-1(a) of the Income Tax
Regulations (Tax Regulations), the IRS has:
- Three years
to issue a tax refund / you have three years to claim a tax refund (only
fair right – at least something is fair with this horrendous tax code
America has fabricated)
- Three years
to audit tax returns
- Ten years
to collect tax dues and tax lawyers are well aware of this
Claiming a Tax Refund
If your due date is April 15th,
2014 for your 2013 tax return, you have until April 15th, 2017 to
file your tax return for 2013 to obtain a refund. However, you will not be
eligible for a refund if you file your 2013 return after the three year limit.
IRS Audit on Your Tax Return
The IRS has the right to audit your tax
return for 3 years from the last date of filing, which is April 15th,
irrespective of the fact that you may have filed your returns before the due
date. While the 3-year time limit holds well, the IRS has the right to conduct
an audit after the limit in case they suspect
any tax fraud.
IRS Collecting Your Tax Liabilities
The IRS has ten years to collect
your tax liabilities, which includes penalties and interest. Your
total tax liability could be from:
- Outstanding
balance on a tax return
- Balance
determined after an IRS audit
- A proposed
assessment that has been finalized
While these limitations do exist, it is
prudent to file your tax returns as early as possible. This gives you the
opportunity to claim refunds and be eligible for tax deductions that will save
you time and money as well. If you have questions about this, contact a tax
lawyer.
When the IRS Statue of Limitations does
not Apply
- The statute
of limitations does not apply if you file a false tax return
- File a
fraudulent tax return
- If there is
substantial omission of 25% or more of your income
If you have any doubts on when the
statute expires on your tax bill you can request the IRS for a Record of
Accounts (ROA) for each tax year that you owe. If you have a problem paying the
tax immediately, you may be eligible to put your returns on hold by applying
for a ‘temporary hardship’ status. There are several other options such as the Offer-in-Compromise.
Each day a large number of people
realize they have problems with the taxes which require them to look for help
outside the IRS. There are a number of organizations with consultants who
understand the IRS system very well. They can help both individual taxpayers
and business taxpayers with IRS tax problems. They help make certain that a
taxpayer does not have to pay any unnecessary IRS penalties or liens or levies.
Many of these companies have consultants that are former IRS employees and help
with nearly any tax problem.
Most Americans pay more taxes than they
should. When you combine this with all the other aspects of life that you have
to pay for which no American generation in the past has had to deal with, you
do not want to lose any more money to the IRS than you should. Their lavish
retirement package is already a detriment to the tax payer.
When seeking
help with IRS tax problems, it is integral for taxpayers to get in
touch with organizations or tax lawyers that can be trusted with the process.
When looking for available tax relief options such as an Offers in Compromise
or an installment agreement, it is imperative for taxpayers to have the support
of a legal tax professional. You need the assistance of a tax lawyer since you need
advice on federal tax collection procedures.
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