Analyzing Statute of Limitations on Collection

In any tax collection case, it is critical to verify that the: (1) statute of limitations on assessment was open when the underlying assessment was made; and (2) the statute of limitations on collection is still open. A 10-year statute on collection exists that runs from the date of assessment. A barred assessment or collection statute of limitations precludes the IRS from collecting the outstanding tax liability.

In general, the collection statute of limitations can be extended by agreement, by filing an Offer in Compromise, by filing a bankruptcy petition, by filing a collection due process appeal, and by being out of the country for a period in excess of six months.

We are devoted to utilizing all available collection defense tactics in order to resolve your tax problem. Unfortunately, we have seen taxpayers and/or their prior representatives not consider all available measures – to the detriment of the taxpayer. For example, an Offer in Compromise is submitted with only a few months left on the collection statute – or even when the statute expired but the taxpayer’s representative is still negotiating the debt!!

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