16 Jan 2024
Are You Secure About Your Tax Return Being Audit-Proof? Learning More About the Federal Tax Statutes of Limitation
Statutes of limitation provide the IRS time to review and seek redress for errors in tax returns, whether intentional or not. Under the general rule, the IRS must assess income taxes, estate taxes, and gift taxes within three years from the later of the date the taxpayer's return is due or the date the taxpayer files the return. I.R.C. § 6501(a). Generally, the IRS does this through bulk processing operations at facilities known as IRS Centers, under its authority to assess the taxes shown on returns. I.R.C. § 6201(a)(1). If the taxpayer files the return on or before its due date, the three-year period begins on the due date. I.R.C. § 6501(b)(1). If the taxpayer files the return after its due date, the three-year period begins on the day after the date the return is filed.
Related Content
- Statutes of Limitations for Tax Returns and Controversies (Substantial Omissions, Collections, and Certain Governmental Actions)
Review the statutes of limitation that apply to tax returns and tax controversies where the three-year statute of limitations does not apply. Longer limitation periods can apply where the taxpayer has omitted a substantial amount of income from their tax return(s), for lawsuits brought by the IRS, where fraud occurs, and in other circumstances.
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- Business Entities. IRS updates the list of treaties that meet the requirements of R.C. § 1(h)(11)(qualified dividends). Notice 2024-11.
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