Assessment Date
When someone owes the IRS for unpaid withheld employment taxes and the IRS has been retaining the personal income tax refund due to the taxpayer how is the 10 year statute of limitation determined?
2 Answers from Attorneys
Re: Assessment Date
When the tax was first owed.
Re: Assessment Date
The answer depends on whether you are a sole proprietor or a corporate or business officer. If you are a sole proprietor, the 10 year statute of limitations on collections starts from the date the 941 Tax Return was filed or due, whichever is later.
If you are a corporate officer, the IRS can assess a tax as a "responsible person." The Statute of Limations on collections begins to run from the date of assessment against you, not the date against the corporation.
You should contact your tax lawyer for guidance.
I hope this helps!
Ron Cappuccio
http://www.taxesq.com
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