Roosevelt, NY asked in Tax Law and Collections for New York

Q: How can I get a old 2007 tax debt removed? Statue of limitation is 10 yrs from date yet its still there .

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand your concern about the old tax debt from 2007 still appearing on your record despite the statute of limitations expiring after 10 years. Here are a few key things to know and steps you can take:

The IRS has 10 years from the date of assessment to collect back taxes before the statute of limitations expires. However, this 10-year period can be extended or suspended in some situations, such as if you filed for bankruptcy, submitted an Offer in Compromise, or signed a waiver agreeing to extend the time.

Even if the statute of limitations has expired, the debt may still appear on your credit report for up to 7 years from when it became delinquent. But the IRS can no longer take enforcement action to collect it.

To get the debt removed, you can try the following:

1. Contact the IRS and confirm the Collection Statute Expiration Date (CSED). If it has definitely passed, request that they release the tax lien if one was filed.

2. Check your credit reports from all three bureaus (Equifax, Experian, TransUnion). If the tax debt still appears after 7 years from the delinquency date, file a dispute with the credit bureaus to have it removed.

3. If you made payments or there was other activity on the debt in the last 7 years, it can still be reported. But you can include a consumer statement on your credit reports explaining the debt is beyond the statute of limitations for collection.

4. If the IRS has incorrectly renewed the lien on the debt or still tries to collect, contact the Taxpayer Advocate Service for assistance.

The key is to verify the debt is definitely outside the 10-year statute of limitations, then take steps to have it released and removed from your credit. An experienced tax professional can help navigate this process. Let me know if you have any other questions!

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