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"Statute of Limitation"

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C

confusednow

Guest
Is the statute of limitation on all taxes 10 years? More specifically is it ten years for an employer that did not pay some employee witholding taxes?
Can a personal bankruptcy have any effect on those taxes?
Is a Offer in Compromise a viable solution for this situation and if so how do they base the payback figure and is it something that can be done by an individual?
If so how would I get started without getting them excited and have them come after me before I can get this resolved.
 


L

loku

Guest
Past due employment tax

In general, taxes must be assessed within 3 years after the return is filed. If you did not file the return for the taxes, then the statute of limitations has not started to run. However, The three-year period for assessment of tax does not apply in all cases. Taxes may be assessed at any time if there is a failure to file a return or if a false return is filed with the intent to evade tax (Code Sec. 6501(c) ).

Bankruptcy does not discharge a liability for payroll taxes.

At some point in this, there may be a possibility of an offer in compromise, but not until you get this settled in general.

Since there is a possibility that the IRS will claim there was an intent to evade tax or some other infraction, I would suggest you contact a tax attorney to handle this for you. It is an extremely delicate situation, and if handled improperly can cause you a lot of trouble.
 

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