When Can You Dump Old Tax Records? (2024)

Taxpayers often question how long tax records must be kept and the amount of time IRS has to audit a return after it is filed.

It all depends on the circ*mstances! In many cases, the federal statute of limitations can be used to help you determine how long to keep records. With certain exceptions, the statute for assessing additional tax is 3 years from the return due date or the date the return was filed, whichever is later. However, the statute of limitations for many states is one year longer than the federal limitation. The reason for this is that the IRS provides state taxing authorities with federal audit results. The extra time on the state statute gives states adequate time to assess tax based on any federal tax adjustments.

In addition to lengthened state statutes clouding the recordkeeping issue, the federal 3-year rule has a number of exceptions:

  • The assessment period is extended to 6 years instead of 3 years if a taxpayer omits from gross income an amount that is more than 25 percent of the income reported on a tax return.
  • The IRS can assess additional tax with no time limit if a taxpayer: (a) doesn’t file a return; (b) files a false or fraudulent return in order to evade tax; or (c) deliberately tries to evade tax in any other manner.
  • The IRS gets an unlimited time to assess additional tax when a taxpayer files an unsigned return.

If no exception applies to you, for federal purposes, you can probably discard most of your tax records that are more than 3 years old; add a year or so to that if you live in a state with a longer statute.

Examples: Susan filed her 2013 tax return before the due date of April 15, 2014. She will be able to safely dispose of most of her records after April 15, 2017. On the other hand, Don filed his 2013 return on June 1, 2014. He needs to keep his records at least until June 1, 2017. In both cases, the taxpayers may opt to keep their records a year or two longer if their states have a statute of limitations longer than 3 years.

Important note:Even if you discard backup records, never throw away your file copy of any tax return (including W-2s). Often the return itself provides data that can be used in future tax return calculations or to prove amounts related to property transactions, social security benefits, etc. You should keep certain records for longer than 3 years. These records include:

  • Stock acquisition data.If you own stock in a corporation, keep the purchase records for at least 4 years after the year you sell the stock. This data will be needed in order to prove the amount of profit (or loss) you had on the sale.
  • Stock and mutual fund statements where you reinvest dividends.Many taxpayers use the dividends they receive from a stock or mutual fund to buy more shares of the same stock or fund. The reinvested amounts add to basis in the property and reduce gain when it is finally sold. Keep statements at least 4 years after final sale.
  • Tangible property purchase and improvement records. Keep records of home, investment, rental property, or business property acquisitions AND related capital improvements for at least 4 years after the underlying property is sold.

Author Bio

When Can You Dump Old Tax Records? (1)

Toby MathisToby Mathis, Esq. ~ Founding Partner, Attorney, Author & Business Tax Expert.Toby Mathis is a founding partner of Anderson Law Group and current manager of Anderson’s Las Vegas office.He has helped Anderson grow its practice from one of business and estate planning to a thriving tax practice and national registered agent service with more than 18,000 clients.In his work as an attorney, he has focused exclusively in areas of small business, taxation, and trusts. In addition, Toby was the past director and host of the longest-running local business radio program on KNUU in Las Vegas “The BOSS Business Brief”.He sits on the board of directors for several companies and was recently appointed to the local board of Entrepreneurs’ Organization, a worldwide association of owners of successful businesses. He has authored more than 100 articles on small business topics and has written several books on good business practices, including first, second and third editions of Tax-Wise Business Ownership and 12 Steps to Running a Successful Business.

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When Can You Dump Old Tax Records? (2024)

FAQs

What year tax returns can I destroy? ›

Normally, you should keep these tax records for three years. It's a good idea to keep some documents longer, such as records relating to a home purchase or sale, stock transactions, IRA and business or rental property documentation.

Should I keep my 20 year old tax returns if I? ›

State Tax Documents Retention Requirements

For example, I live in Los Angeles, where the California Franchise Tax Board has up to four years to audit state income tax returns. With that timeframe, California residents should keep their state tax records for at least four years.

How many years can the IRS go back to audit? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years. The IRS tries to audit tax returns as soon as possible after they are filed.

What records should be kept for 7 years? ›

KEEP 3 TO 7 YEARS

Knowing that, a good rule of thumb is to save any document that verifies information on your tax return—including Forms W-2 and 1099, bank and brokerage statements, tuition payments and charitable donation receipts—for three to seven years.

Can an IRS audit after 7 years? ›

The IRS statute of limitations for an audit is six years, though there are tax issues for which there is no statute of limitations. For instance, if you fail to file Form 3520, relating to foreign income or inheritances or gifts over $100,000, there is no time limit for an audit.

What is the IRS 6 year rule? ›

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

Should I shred old tax returns? ›

If you do decide to get rid of tax documents, make sure to shred them. Tax returns contain sensitive information that identity thieves love.

Is there any reason to keep old tax documents? ›

State Tax Record Retention Requirements

For example, I live in Los Angeles where the California Franchise Tax Board has up to four years to audit state income tax returns. With that timeframe, California residents should keep their state tax records for at least four years.

Can the IRS go back more than 10 years? ›

In some cases, the IRS can take more than 10 years to collect tax debts. This happens when an event causes the clock to stop ticking on the statute of limitations and the deadline gets extended. This is called tolling the statute of limitations.

Is IRS debt forgiven after 10 years? ›

Yes, after 10 years, the IRS forgives tax debt.

However, it is important to note that there are certain circ*mstances, such as bankruptcy or certain collection activities, which may extend the statute of limitations.

Who gets audited by the IRS the most? ›

The two groups most likely to get audited are those earning more than $10 million and taxpayers who claim the Earned Income Tax Credit, who tend to be low- or middle-income workers.

What triggers an IRS audit? ›

Here are 12 IRS audit triggers to be aware of:
  • Math errors and typos. The IRS has programs that check the math and calculations on tax returns. ...
  • High income. ...
  • Unreported income. ...
  • Excessive deductions. ...
  • Schedule C filers. ...
  • Claiming 100% business use of a vehicle. ...
  • Claiming a loss on a hobby. ...
  • Home office deduction.

Should I keep old utility bills? ›

Keep for a year or less – unless you are deducting an expense on your tax return: Monthly utility/cable/phone bills: Discard these once you know everything is correct. Credit card statements: Just like your monthly bills, you can discard these once you know everything is correct.

How long should I keep old utility bills? ›

Keep For 30 Days Or Less

Utility bills and phone bills can be shredded after you've paid them unless they contain tax-deductible expenses.

What papers to keep and what to throw away? ›

What to Save
  • Birth/death certificates.
  • Social Security cards.
  • Marriage licenses.
  • Divorce decrees.
  • Pension plan documents.
  • Copies of wills and living trusts.
  • Military discharge papers.
  • Copies of burial deeds and plots.

Can I destroy my old tax returns? ›

Hold onto bank statements and canceled checks for at least a couple of years, as well as student loan statements and investment statements. For tax returns and supporting statements, shredding them after at least three years should be fine.

Can I destroy 2014 tax returns? ›

The IRS recommends keeping returns and other tax documents for three years—or two years from when you paid the tax, whichever is later. The IRS has a statute of limitations on conducting audits, and it's limited to three years.

When can I destroy my 2015 tax return? ›

Individual tax returns (the Form 1040 series) are temporary records which are eligible to be destroyed six (6) years after the end of the processing year, unless extended due to an Open Balance Due - Collection Statute Expiration Date.

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