Tuesday, July 17, 2012

How Long Does The IRS Have To Audit? - LA Tax Attorney

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The period of time the IRS has to audit a return is called the "statute of limitations." It means that if the IRS does not audit the return during that period, the IRS has lost its opportunity to question what was reported on the return. The normal period of time for an income tax return is 3 years from the date of filing. Assume you file your person return, your 1040, for calendar year 2009, on time on April 15, 2010. The IRS has until April 15, 2013, to audit your return. Of course, if you did not file your 2009 return until the extended date, October 15, 2010, the IRS has until October 15, 2013, to audit your return. As a rule of thumb, if you do not receive an audit notice within the first 18 months after you file your return, your return is unlikely to be audited. The IRS rarely sends out an audit notice in the last one year that the statute of limitations is open. In a future blog we'll address why a taxpayer should never agree to extend the statute of limitations. The Law Offices of Givner & Kaye, APC. (310) 207-8008
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