Punta Gorda, FL asked in Tax Law for Florida

Q: When would tax debt from 2009 be forgiven?

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1 Lawyer Answer
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
  • Tax Law Lawyer
  • Mandeville, LA

A: This depends on many factors. First, the general rule for statutes of limitation on collection is 10 years. The statues of limitations begins running on the date the return is filed. So, assuming the 209 return was filed on April 15, 2010, that would be April 15, 2020.

However, the return may have been filed late. You would have to count 10 years from the date of filing.

Second, submitted offers in compromise and sometimes installment agreements, can toll (suspend) the statute of limitations. So, for example, if you submitted an offer in compromise, and it took a year to work its way through the system, and it was ultimately rejected, you would have to add a year onto that time frame.

Keep in mind that if no return was ever filed, the statute of limitations does not even begin to run.

There may be other factors at play that could affect this answer, such as what kind of tax was assessed (income or responsible person penalty, etc.), and I do not have the full story. Further, I don't practice in Florida. So I urge you to talk to local counsel about your situtation.

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