IRS Statute of Limitations – Collections, Audits, Criminal Cases

Understanding IRS Statute of Limitations: Collections, Audits, and Criminal Proceedings

United States Congress allows the Internal Revenue Service (IRS) to operate under strict time limits, known as statutes of limitations, which govern how long it has to pursue tax-related actions such as collections, tax audits, and criminal tax proceedings. These time frames are critical for taxpayers to understand, as they determine when the IRS can no longer take certain actions. This guide provides a detailed overview of the IRS statutes of limitations for the most common IRS collections cases, tax audits, and criminal tax proceedings.

1. IRS Statute of Limitations for Collections

The IRS has a limited period to collect unpaid taxes, known as the Collection Statute Expiration Date (CSED). This period is governed by Internal Revenue Code (IRC) Section 6502.

General Rule

The IRS generally has 10 years from the date of tax assessment to collect unpaid taxes. An assessment occurs when the IRS officially records a tax liability, typically after a tax return is filed or an audit is completed.

Key Exceptions: Certain events can extend or suspend the 10-year collection period, including:

• Bankruptcy: Filing for bankruptcy triggers an automatic stay, pausing the collection statute. The CSED is extended by the duration of the bankruptcy proceeding plus an additional six months.
• Installment Agreements: Requesting or entering an installment agreement may suspend the statute while the IRS reviews the request.
• Offer in Compromise (OIC): Submitting an OIC suspends the statute during the IRS’s review period, plus an additional 30 days if rejected.
• Military Service: Active-duty military personnel in a combat zone may have the statute suspended.
• Taxpayer Abroad: If a taxpayer is outside the U.S. for six months or more, the collection period may be tolled.
• Fraud or Failure to File: If no return is filed or fraudulent returns are submitted, the statute may not apply, allowing indefinite collection.

IRS Collection Statute of Limitations

Practical Implications

Taxpayers nearing the end of the 10-year CSED may be able to wait out the IRS’s tax collection efforts, but extensions can complicate this strategy. For example, a taxpayer who files for bankruptcy two years into the CSED could see the collection period extended significantly. Tax attorneys should carefully track assessment dates and any tolling events to advise clients accurately.

2. IRS Statute of Limitations for Audits

The IRS has a limited time to audit tax returns and assess additional taxes, penalties, or interest. This period is governed by IRC Section 6501.

General Rule

The IRS has 3 years from the date a tax return is filed (or the due date, whichever is later) to audit a return and assess additional taxes. For example, a 2023 tax return filed on April 15, 2024, can generally be audited until April 15, 2027.

Key Exceptions

• 6-Year Statute: If a taxpayer omits more than 25% of gross income (substantial understatement), the audit period extends to 6 years.
• No Statute for Fraud or Non-Filing: If a taxpayer files a fraudulent return or fails to file, there is no time limit for the IRS to audit or assess taxes.
• Amended Returns: Filing an amended return does not extend the original statute unless new issues arise.
• Bad Debt or Worthless Securities: Specific deductions, like bad debts, may trigger a 7-year statute.

IRS Tax Audit Statute of Limitations

Practical Implications

Taxpayers should retain records for at least 3 years, but up to 6 or 7 years if significant income or specific deductions are involved. For high-income taxpayers or those with complex returns, the risk of a 6-year audit increases. Tax professionals should advise clients to maintain thorough documentation and be prepared for extended audit periods in cases of large omissions or suspected fraud.

3. IRS Statute of Limitations for Criminal Proceedings

The IRS pursues criminal tax violations, such as tax evasion or filing false returns, under IRC Section 7201. The statute of limitations for criminal proceedings is governed by 18 U.S.C. Section 3282 and varies by offense.

General Rule

Most tax-related crimes have a 5-year statute of limitations, starting from the date the crime was committed (e.g., when a false return was filed or tax evasion occurred).

Key Offenses and Time Limits

• Tax Evasion (IRC 7201): 5 years from the act of evasion (e.g., filing a false return).
• Filing False Returns (IRC 7206 ): 5 years from the filing date.
• Failure to File (IRC 7203 ): 5 years from the due date of the return.
• Conspiracy to Defraud (18 U.S.C. 371 ): 5 years, but may be extended if the conspiracy involves ongoing acts.
• Exceptions: Certain crimes, like willful failure to collect or pay over taxes (IRC 7202 ), may have a 6-year statute.

Table 3: IRS Criminal Statute of Limitations

Key Considerations

• Tolling Events: The statute may be tolled if the taxpayer is outside the U.S. or a fugitive from justice.
• Discovery of Evidence: The IRS must file charges within the statute, but new evidence can lead to charges for later years.
• Civil vs. Criminal: Criminal statutes are separate from civil audit or collection statutes. A taxpayer may face both simultaneously.

Practical Implications

Taxpayers under criminal investigation should seek immediate legal counsel, as the IRS must prove willful intent, a high burden. The 5- or 6-year statute provides a window for the IRS to build a case, but taxpayers can sometimes mitigate criminal exposure through voluntary disclosures before an investigation begins.

4. Strategic Considerations for Taxpayers

Understanding IRS statutes of limitations is essential for effective tax planning and defense. Here are key strategies:

1. Record Retention: Maintain tax records for at least 3 years (6–7 years for complex returns) to defend against audits. Keep records indefinitely if fraud or non-filing is a concern.
2. Monitor CSED: Track the 10-year collection statute and any tolling events to determine when tax debts may expire.
3. Voluntary Disclosure: For non-filers or those with errors, voluntary disclosure programs may reduce criminal exposure before IRS detection.
4. Legal Representation: Engage tax attorneys early in audit or criminal investigations to navigate statute deadlines and negotiate with the IRS.
5. Bankruptcy Planning: Bankruptcy can pause collections but extends the CSED, so weigh the pros and cons carefully.

Review your case with a Tax Lawyer

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References

• Internal Revenue Code Section 6501
• Internal Revenue Code Section 6502
• 18 U.S.C. Section 3282
• IRS Internal Revenue Manual (IRM) Part 25.6 (Statute of Limitations)

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Tax laws are complex and subject to change. Consult a qualified tax attorney for advice for your specific situation.