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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
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Experience:  10 years experience
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IF YOU ENTER A PAYMENT PLAN THAT INCLUDES SEVERAL YEARS OF

Customer Question

IF YOU ENTER A PAYMENT PLAN THAT INCLUDES SEVERAL YEARS OF FILINGS CAN THE IRS CONTINUE TO COLLECT ONCE EACH YEAR PASSES TEN YEARS?
Submitted: 1 year ago.
Category: Tax
Expert:  emc011075 replied 1 year ago.

Hi. My name is ***** ***** I will be happy to help you.

According to statute of limitation, IRS has 10 years after the assessment is made or return is filed (whichever is later) to collect taxes. For instance, if you file your 2004 tax return on or before April 15, 2005, IRS has until April 15 of 2015 to collect. However, if for example in Jun 2006 IRS audit your 2004 return and asses additional tax (fees and penalties), IRS has until Jun 2016 to collect.

There are also some circumstances when the statute of limitation is extended. When you file offer in compromise or installment agreement (that's your case) the statute of limitation is stopped and is restarted again when you and IRS reach the agreement (agree on payment plan or on offer). If you file for bankruptcy for example, the statute of limitation is extended by 7 - 10 years.

Depending on your personal situation there's still a possibility that even after 10 years the tax balance is still within statute of limitation. You will have to call IRS to find out when the statute of limitation expires in your case.

Customer: replied 1 year ago.
To clarify my understanding the ten year period begins when my installment began or when I filed all of the returns.
Expert:  emc011075 replied 1 year ago.

The 10 year period began when you filed your return OR when IRS assessed additional tax (after auditing your return), whichever is letter. Also when you applied for your installment agreement, the statute of limitation stopped and was restarted again when you and IRS agreed on payment plan. If it took 8 month to get the payment plan, the statute of limitation was extended for additional 8 months.