Statute of Limitations for Tax Refunds, IRS Audits, and Collections
The IRS has three years to give you a refund, three years to audit your tax return, and ten years to collect any tax due. Together, these laws are called the statute of limitations. They put time limits on various tax-related actions that you and the IRS can take. You have 3 years to claim a tax refund. This is measured from the original deadline of the tax return, plus three years. For example, your 2005 tax return was due on April 15th, 2006. 2006 plus 3 is 2009. You have until April 15th, 2009, to file your 2005 tax return and still get a tax refund. If you file your 2005 return after April 15th, 2009, and your refund “expires.” It goes away forever due to the statute of limitations for claiming a refund. The IRS has 3 years to audit your tax return or to assess any additional tax liabilities. This is measured from the day you actually filed your tax return. If you filed your taxes before the deadline, the time is measured from the April 15th deadline.
