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Date: | Fri, 18 Mar 2005 17:38:32 -0600 |
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Just a quick comment on your Records Retention Guidelines. You state
the following regarding Tax Returns and Backup Documentation:
"The IRS has 3 years to audit you from the date you file your taxes;
however, they have 7 years to clear up and correct so called
"Discrepancies.""
The IRS does have 3 years after date of filing "or date of payment" to
audit you IIT tax return. They do not have 7 years to "clear up and
correct so called "Discrepancies". By statute there is a finite list of
exceptions to the 3 year timeframe. These include:
* False Return - Tax may be assessed at any time, without
limitation.
* Willful attempt to avoid tax - Tax may be assessed at any time,
without limitation.
* No return - Tax may be assessed at any time, without limitation.
* Extension by Agreement - Assessment period defined by agreement
between IRS and taxpayer.
* Tax resulting from changes in certain income or estate tax
credits - No timeframe defined.
* Tax resulting form distributions or terminations from a life
insurance company - 3 years
* Termination of private foundation status - Tax may be assessed
at any time, without limitation.
* Substantial omission of items (generally defined as over/under
reporting of income by 25% - 6 years.
These Limitations of Assessment and Collection are defined in federal
law. Please see 26 USC 6501.
The 7 year requirement for taxes is a myth. Repeating it doesn't make
it true.
Bill Roach, CRM
Enterprise EDMS Coordinator
State of North Dakota
ITD/Records Management
701-328-3589
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
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