How could the IRS still keep my tax refund to pay tax if it is past the Statute of Limitations? 5 Answers as of August 25, 2015

If the SOL is ten years, how can the IRS still keep my tax refund to pay tax from 2005?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
The collections statute is 10 years from the date of filing your tax return. So the ten years didn't expire on January 1st.
Answer Applies to: Ohio
Replied: 8/25/2015
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The Statute Of Limitations for the IRS is 10 years. However, the statute does not start to run on December 31, 2005, it starts later. Therefore, even if you filed your 2005 return on time in 2006, the Statute Of Limitations does not expire until the earliest of April 15, 2016. If you filed the return after the April 15, 2006 due date or filed an extension for 2005 and filed any time after April 15, 2006, the Statute Of Limitation could be extended to that later date.
Answer Applies to: California
Replied: 8/25/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Because, I suspect because the SOL has not yet run. Seek counsel either the details.
Answer Applies to: Michigan
Replied: 8/25/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
The SOL doesn't start to run until the tax is due. The earliest 2005 tax was due would have been April 15, 2006. Add ten years to that date. If you had an extension then add ten years to that date.
Answer Applies to: California
Replied: 8/24/2015
Law Offices of Matthew W. Stanley | Matthew W. Stanley
If the collection statute had expired, the IRS should refund to you the amount collected. A number of considerations other than the mere passing of ten years may impact the expiration date. Before filing a refund claim, you might find an opportunity to discuss the matter with the IRS, or an attorney.
Answer Applies to: Washington
Replied: 8/24/2015
Click to View More Answers: