At Avvo we read: How far back can the IRS go if taxes were not filed? it appears that my soon to be husband did not file his 2009 taxes. if I read the info I found correctly they usually only go back 6 years so on April 15th 2015 they no longer collect for this year? sorry bit confused seems I read something about an unlimited amount of time. We do not have any money to pay the IRS at this point, our 2013 tax wiped us out... I will not have any funs until we get our tax refund back in 2015 which will most likely be after the 6 years are up.
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I should point out the IRS has not said anything about not getting the return_____________
Answered . There is no statute of limitations IF a taxpayer has failed to file a tax return. That is, the IRS can pursue an assessment against your husband until 3 years FOLLOWING the date that he files the 2009 tax return. The normal statute of limitations is 3 years for federal and 4 years for CA FTB.
Answered . It is difficult to directly answer your question, so instead I will provide some information. To be compliant with your tax filing requirements, the IRS requests that you file the last six years of tax returns. Beyond that is passed the compliant period and therefore the IRS normally would not request those years to be filed. HOWEVER, if there was a tax filing requirement, they should still have been filed. What happens often is the IRS files a tax return on behalf of a taxpayer called a Substitute for Return and then collects upon this. The IRS has ten years from the date of assessment of a tax debt to collect past due tax debt. If a return was never filed, and the IRS never prepared a substitute for return, then no debt was ever assessed. I guess my best answer to your question is, it depends and its complicated. The best thing you can do is talk with a professional who can call the IRS on your future husbands behalf and find out what needs to happen.
Disclaimer: This answer does not constitute legal advice and should not be relied on. Each factual situation is... more
The statute applies to an assessed return, here there is no assessed return. As the other attorney stated, a substitute for return is normally only filed in the last three years. Having a professional call the IRS will not open any doors that aren't already open and may be the best at providing the most sound advice about what to do. Even at the end of the day, if there is debt owed, there are many available programs that you may qualify for to help out with the debt.
Answered . I agree with the other attorneys here. This problem is not going to go away, and this debt is not going to become uncollectable, if you don't file the 2009 return. Ignoring the problem is not the answer. You should see a tax attorney about possibly filing an Offer in Compromise, or negotiating a payment plan with the IRS. Both of these potential solutions do require you to have filed those taxes, though. Good luck.
Answered . There are several questions here. First, the IRS can collect for 10 years following the assessment of any tax. It appears from your post that your soon to be husband doesn't owe any tax for 2009 - If the IRS determines there is a tax due, they will complete his tax return for him (substitute for return or SFR). A tax determined from an SFR does not have a statute of limitations, the IRS can always collect that tax.
Even if he doesn't owe any taxes for 2009 - he still should file the return. He can get his wage and income transcripts from the IRS. That is the only sure way to clear up any possible discrepancy.
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