Statute of
Limitations Rules
Master the time deadlines the IRS faces when assessing taxes and the windows taxpayers have for filing refund claims.
What Is the Statute of Limitations?
The statute of limitations is a legally mandated deadline that restricts how long the IRS has to audit a return, assess additional tax, or collect tax owed. It also governs how long a taxpayer has to claim a refund.
Why SOL Rules Matter on the CPA Exam
Key Terms You Must Know
The Three Assessment Periods
The 3-Year General Rule
Under IRC §6501(a), the IRS must assess any additional tax within 3 years after the return was filed (or the due date, whichever is later).
The 6-Year Extended Period
Under IRC §6501(e), the assessment period extends to 6 years when a taxpayer omits from gross income an amount that exceeds 25% of the gross income stated on the return.
The Unlimited Period: Fraud and Non-filing
Under IRC §6501(c), there is no statute of limitations when a taxpayer files a fraudulent return with intent to evade tax, or when a taxpayer fails to file a return entirely.
Assessment vs. Refund Deadlines
| Assessment (IRS) | Refund Claim (Taxpayer) | |
|---|---|---|
| Purpose | IRS assesses additional tax | Taxpayer claims overpayment |
| General Period | 3 years from filing/due date | Later of 3 years from filing or 2 years from payment |
| Extended | 6 years (>25% omission) | N/A |
| Unlimited | Fraud / no filing | N/A (no refund on unfiled return) |
| Key Code | IRC §6501 | IRC §6511 |
Refund Claim: The Two-Pronged Test
Under IRC §6511, a taxpayer must file a refund claim by the later of two dates:
How to Apply the Rules
Example 1: Standard 3-Year Assessment
Example 2: 6-Year Omission Rule
Example 3: Refund Claim Deadline
Common Mistakes to Avoid
Complete Summary Table
| Scenario | Period | Code Section |
|---|---|---|
| General assessment | 3 years | §6501(a) |
| >25% gross income omission | 6 years | §6501(e) |
| Fraud / willful evasion | Unlimited | §6501(c)(1) |
| No return filed | Unlimited | §6501(c)(3) |
| Refund claim (general) | Later of 3 yrs from filing or 2 yrs from payment | §6511(a) |
| Collection after assessment | 10 years | §6502(a) |
Question 1 of 5
A taxpayer filed their 2022 federal income tax return on March 10, 2023. The return was not fraudulent and did not omit any income. What is the last date the IRS can assess additional tax?
Question 2 of 5
A taxpayer reported gross income of \( \$120{,}000 \) on their return. The IRS discovers they omitted \( \$35{,}000 \). Which assessment period applies?
Question 3 of 5
Under what circumstances is there no statute of limitations for the IRS to assess tax?
Question 4 of 5
A taxpayer filed their 2021 return on April 15, 2022 and paid all tax due on that date. On May 1, 2025, they discover they are owed a refund. Is the refund claim timely?
Question 5 of 5
A taxpayer reported gross income of \( \$80{,}000 \) and omitted \( \$18{,}000 \). The return was filed on time with no fraud. Which assessment period applies?