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Were 941 returns ever filed for these years, and the tax was just not paid in full. Or were the returns never filed at all?
The statute of limitations for the IRS on collection of payroll taxes is 3 years from the date the taxes were assessed, which is generally April 15th of the year they were due or the actual date you filed the return, whichever is later.
Hello again Thomas,
The statute of limitations for individuals who owe personal income tax is 10 years from the date the tax was assessed. For payroll taxes the statute of limitations is 3 years from the date the return was filed. That is the time they have to go after the business that was responsible for payment of the taxes.
When payroll taxes are not paid by the company then the IRS may go after any of the individuals who were responsible within the company for the payment of the taxes. That would then extend their statute of limitations to the 10 years since they are now not going after the business. But if the taxes were assessed in 1996, even going after the individuals responsible, the statute for collection would have expired in 2006.
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