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When Does IRS Debt Expire?
Dealing with IRS debt can be a stressful experience. Whether it’s due to a mistake on your tax return or a financial hardship that prevented you from paying your taxes, owing money to the Internal Revenue Service (IRS) can have serious consequences. However, it’s important to understand that IRS debt does not necessarily last forever. There are certain circumstances under which IRS debt can expire, providing relief to taxpayers who are burdened by their financial obligations. In this article, we will explore when IRS debt can expire and answer some frequently asked questions about this topic.
1. Collection Statute Expiration Date (CSED):
The Collection Statute Expiration Date (CSED) is the timeframe within which the IRS can legally collect on a tax debt. Generally, the CSED is 10 years from the date the tax liability was assessed. Once the CSED has passed, the IRS can no longer pursue collection actions, such as garnishing wages or levying bank accounts, to collect the debt. However, it’s important to note that the CSED can be extended under certain circumstances, such as when a taxpayer files for bankruptcy or enters into an installment agreement with the IRS.
2. Three-Year Rule:
The Three-Year Rule applies to taxpayers who have filed their tax returns and have a balance due. According to this rule, the IRS has three years from the date the return was filed to assess any additional taxes owed. If the IRS fails to assess the taxes within this three-year timeframe, the debt is considered expired, and the taxpayer is no longer obligated to pay the additional amount. However, if the tax return was filed fraudulently or the taxpayer failed to report more than 25% of their income, the IRS has six years to assess the additional taxes.
FAQs:
Q: Can the IRS continue to collect on expired debt?
A: No, once the Collection Statute Expiration Date (CSED) has passed, the IRS is legally barred from pursuing collection actions to enforce the payment of the debt.
Q: Can I ignore my IRS debt until it expires?
A: It is not advisable to ignore your IRS debt in the hope that it will expire. The IRS has various tools at its disposal to collect debts, including wage garnishments and levies. It is best to address your tax debt proactively and explore options for resolving it.
Q: Can filing for bankruptcy extend the CSED?
A: Yes, filing for bankruptcy can pause the CSED. The IRS is prohibited from engaging in collection activities while a bankruptcy case is ongoing. Once the bankruptcy is concluded, the CSED will resume from where it left off.
Q: Can the IRS take my state tax refund to pay off my federal debt?
A: Yes, the IRS has the authority to intercept state tax refunds to offset federal tax debt. This is known as the Treasury Offset Program, which allows the IRS to collect outstanding tax debts by diverting state tax refunds.
Q: Can I negotiate a settlement with the IRS to reduce my debt?
A: Yes, it is possible to negotiate a settlement with the IRS, known as an Offer in Compromise. This allows taxpayers to settle their tax debt for less than the full amount owed. However, the IRS has strict eligibility criteria for this program, and not all taxpayers may qualify.
In conclusion, IRS debt does have an expiration date. The Collection Statute Expiration Date (CSED) is generally 10 years from the date of assessment, after which the IRS cannot pursue collection actions. However, it’s important to be proactive in addressing tax debts and explore options for resolution. If you find yourself in a situation where you are unable to pay your taxes, it is advisable to seek professional assistance from a tax professional or an attorney who specializes in tax law.
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