Posted on April 20, 2010 by

When can I get rid of old tax records?

From our eNewsletter:

  It Depends 
  On the Statute of Limitations

Perhaps it’s a good thing that the April 15th tax deadline and the urge to spring clean coincide. It can feel refreshing to throw out some of the financial records stuffing your filing cabinets.  But before you shred everything, make

 

How Long Does the IRS Have to Request Records and Assess Additional Tax?

 If You:

Then the Statute of Limitations Is:

1. Owe additional tax and #2, 3, and 4 below do not apply to you. 3 years from the due date of the return, or the date you filed, whichever is later.
2. Do not report income that you should and the amount is more than 25 percent of the gross income shown on your return. 6 years from the due date of the return, or the date you filed, whichever is later.
3. File a fraudulent return No limit
4. Do not file a return at all No limit
5. File a claim for credit or refund after you file your return The later of 3 years, or 2 years after the tax was paid.
6. File a claim for a loss from worthless securities 7 years from the due date of the return, or the date you filed, whichever is later.
 

Business Record Guidelines

Employee Earnings

Maintain for a minimum of four years, to meet various state and federal requirements.

Employee Time Cards

Keep for at least three years if your business is subject to the Fair Labor Standards Act (engaged in interstate commerce), although it’s a good practice for all businesses to keep the files for several years in case questions arise.

Personnel Records

Retain three years after an employee has been terminated.

Employment Tax Records

Keep four years from the date the tax was due, or the date paid — whichever is longer.

Employee Business Expenses

For travel and transportation expenses supported by mileage logs and other receipts, keep supporting documents for the three-year statute of limitations period.

Sales Tax Returns

State regulations vary. Check with your tax adviser for the required record retention period for returns and supporting documents.

Business Property

Records used to substantiate the cost and deductions (such as depreciation, amortization and depletion) associated with business property must be maintained to determine the basis and gain (or loss) on the sale. Keep these for as long as you own the asset, plus seven years, according to IRS guidelines.

Important:  Before tossing out financial documents, shred them thoroughly.  Identity theft can occur after criminals rummage through trash to obtain account numbers and other data.

sure you’re not disposing of records you may need. You don’t want to be caught empty-handed if an IRS auditor contacts you.

In general, you must keep records that support items shown on your individual tax return until the statute of limitations runs out — generally three years from the due date of the return, or the date you filed, whichever is later. In most cases, the IRS can audit your return for the same three years.

You can also file an amended return on Form 1040X during this time period if you missed a deduction, overlooked a credit or misreported income.

So, does that mean you’re safe from an audit after three years? Not necessarily. There are exceptions. For example:

  • If the IRS has reason to believe your income was understated by 25 percent or more, the statute of limitations for an audit increases to six years.
    • If there is suspicion of fraud or you don’t file a tax return at all, there is no time limit for the IRS.

How Long to Keep Documents?

Like most issues involving the IRS or other government agencies, there’s no easy answer to that question. The IRS does not require you to keep records in any particular way. But here are some basic rules to follow for individuals (Guidelines for businesses are in the right-hand chart):

Completed tax returns. Many tax advisers recommend that you hold onto copies of your finished tax returns forever. Why? So you can prove to the IRS that you actually filed. Even if you don’t keep the returns indefinitely, you should hang onto them for at least six years after they are due or filed, whichever is later.

Backup records. Any written evidence that supports figures on your tax return, such as receipts, expense logs, bank notices and sales records, should generally be kept for at least the three-year period.

Exceptions. There are some cases when taxpayers get more than the usual three years to file an amended return. You have up to seven years to take deductions for bad debts or worthless securities, so don’t toss out records that could result in refund claims for those items.

Real estate records. Keep these for as long as you own the property, plus three years after you dispose of it and report the transaction on your tax return. Throughout ownership, keep records of the purchase, as well as receipts for home improvements, relevant insurance claims, and documents relating to refinancing. These help prove your adjusted basis in the home, which is needed to figure the taxable gain at the time of sale, or to support calculations for rental property or home office deductions.

Securities. To accurately report taxable events involving stocks and bonds, you must maintain detailed records of purchases and sales. These records should include dates, quantities, prices, dividend reinvestments, and investment expenses, such as broker fees. Keep these records for as long as you own the investments, plus the statute of limitations on the relevant tax returns.

Individual Retirement Accounts (IRAs). The IRS requires you to keep copies of Forms 8606, 5498 and 1099-R until all the money is withdrawn from your IRA accounts. With the introduction of Roth IRAs, it’s more important than ever to hold onto all IRA records pertaining to contributions and withdrawals in case you’re ever questioned.

If an account is closed, treat IRA records with the same rules as securities. Don’t dispose of any ownership documentation until the statute of limitations expires.

Issues affecting more than one year. Records that support figures affecting multiple years, such as carryovers of charitable deductions, net operating loss carrybacks or carryforwards or casualty losses, need to be saved until the deductions no longer have effect, plus seven years, according to IRS instructions.

These general recordkeeping guidelines are for tax purposes. Insurance companies and creditors may have other requirements.

 

 

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