This time of year, I get a lot of people reaching out to ask me, “what’s the drop-dead date for filing an overdue tax return from a prior year?” The short answer is — three years. But there are a few interesting rules about how this works.
(The Balance just recently updated their annual article on statutes of limitations, and it’s a nice short article that gives some good examples and links to IRS pages. Some of the info below was sourced from there.)
You have three years from the date of the original deadline of the tax return to claim your refund. When a refund expires, the federal government keeps the money, but you still are required to file the return regardless. The clock for how long the IRS has to initiate an audit doesn’t start ticking until you actually file your tax return, no matter how late it is. This means… get those overdue returns from prior years filed as soon as possible, regardless of your ability to collect any refund.
The IRS generally has three years to initiate an audit of your tax return. This deadline is measured from the day you actually file your tax return (unless you filed your taxes before the original due date, in which case the April 15th deadline applies).
But there are three exceptions to the rule on assessments and audits:
– The IRS has six years from the date a return is filed to audit a tax return and to assess additional tax if the taxpayer omits income that amounts to more than 25 percent of that which was reported on the tax return.
– The IRS also has six years to audit a tax return and assess additional tax on income related to undisclosed foreign financial assets if the omitted income is more than $5,000.
– The statute of limitations on audits and assessing additional tax remains open indefinitely if the taxpayer files a false or fraudulent tax return.
And finally, the IRS has 10 years from the day a tax liability is finalized to collect outstanding tax debts.
The 10-year statute of limitations on collections can be suspended in the following situations:
– While the IRS is reviewing an offer in compromise, installment agreement, innocent spouse relief, or collection due in processing the hearing.
– While a taxpayer is under the automatic stay of bankruptcy protection plus an additional six months.
– For periods when the taxpayer resides outside the U.S. for at least six months.
Keep in mind that not all states have the same statutes of limitations as the IRS does; The Balance offers more information on state-by-state rules in yet another clear and concise article — give it a read here.