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Unless fraud, evasion, or a
substantial understatement of income is involved in your tax return,
Uncle Sam generally has only three years to tap you on the
shoulder and ask to see the underlying documents necessary to support
information reported in your tax return -- a pleasant process known as
an audit.
Remember, unlike the
"innocent until proven guilty" assumption
used by our criminal justice system, with the IRS you must prove the
validity of your tax return. You have to sweat out three years before
you can rest easy that your return hasn't been selected for audit.
Usually
that countdown period begins on the date the tax return is required to
be filed (April 15th). If you file after your normal filing date, the
three-year clock begins to tick on the date that the IRS actually
receives your return.
This three-year period is
commonly called the "statute of limitations." (Don't confuse it with
the statue of limitations -- that's under a few pigeons
somewhere in New Jersey and has nothing to do with taxes.) In some
cases, the statute of limitations can extend for a longer period of
time, but normally you're looking at three years.
As an example, your year
2000 individual income tax return will be due on April 16, 2001
(because April 15 falls on a Sunday). Even if you file your tax return
on January 25, 2001 (or any other date prior to April 16), your
three-year statute of limitations clock will begin to run on April
16th. This means that your statute period for the 2000 return
will expire on April 16, 2004. If you decided to "extend" the due date
of your tax return by submitting an automatic extension form, you have
also extended your statute of limitations. So, if you file your return
on June 20, 2001, your statute will not expire until June 20, 2004.
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