Statutes of limitations (assessment, refund, collection)

The IRS generally has 3 years after a return is filed (or its due date, if later) to assess, 6 years if more than 25% of gross income was omitted, and unlimited time for fraud or no return; it then has 10 years to collect, while taxpayers have the later of 3 years from filing or 2 years from payment to claim a refund.

Updated 2026-09-23 · 6 sources · By the EnrolledAgentKit team
Exam part
Part 3
Representation, Practices and Procedures
IRS domain
Representation before the IRS
25 of 85 scored Qs
Tax year tested
2025
2026-27 SEE
Practice questions
13
10 free below

The rules the exam tests

Figures for tax year 2025, the year the 2026-27 SEE tests. Verify against the cited primary source.
RuleWhat it says (2025)Source
Assessment3 years; early returns deemed filed on due dateIRC 6501(a), (b)(1)
Substantial omission6 years: > 25% of gross income, or > $5,000 of foreign-asset incomeIRC 6501(e)
UnlimitedFraud, willful evasion, no returnIRC 6501(c)
Unfiled foreign info returnsOpen until information furnishedIRC 6501(c)(8)
ExtensionForm 872 (fixed) / 872-A (open); right to refuse or limitIRC 6501(c)(4)
Collection (CSED)10 years from assessment; suspended by OIC, IA request, CDP, bankruptcy, 6+ months abroadIRC 6502, 6331(k)
Refund claimLater of 3 years from filing or 2 years from payment; lookback limitsIRC 6511(a), (b)
Bad debt / worthless security7 yearsIRC 6511(d)(1)
Prompt assessment (decedents)Form 4810: 18 monthsIRC 6501(d)
Tax Court caseAssessment suspended while barred, + 60 daysIRC 6503(a)
Worked example

Facts: A taxpayer filed her 2021 return on time (April 18, 2022) showing $100,000 of gross income. She left off $30,000.

Result: $30,000 is 30% of reported gross income (> 25%), so the IRS has 6 years, until April 18, 2028, instead of April 18, 2025. Had she filed a fraudulent return, there would be no limit.

Exam traps

  • An early return starts the clock on the due date.
  • The 25% test compares the omission with gross income stated on the return.
  • Refund lookback limits how much you get back, not just whether you can file.
  • CSED suspensions add time; consents on Form 872 extend assessment only.

Statutes of limitations (assessment, refund, collection): 10 free practice questions

Statutes of limitations (assessment, refund, collection) practice questions

What is the general period for the IRS to assess additional income tax after a return is filed?

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Frequently asked questions

How far back can the IRS audit?

Usually 3 years after filing, 6 years for large income omissions, and without limit for fraud or unfiled returns.

How long does the IRS have to collect?

10 years from the date of assessment, extended by suspension events such as a pending offer in compromise or bankruptcy.

Sources

  1. 26 U.S.C. 6501 - Limitations on assessment and collection (accessed 2026-09-23)
  2. 26 U.S.C. 6502 - Collection after assessment (accessed 2026-09-23)
  3. 26 U.S.C. 6511 - Limitations on credit or refund (accessed 2026-09-23)
  4. IRS Publication 556 - Examination of Returns, Appeal Rights, and Claims for Refund (accessed 2026-09-23)
  5. IRS - SEE Part 3 content specifications (Representation, Practices and Procedures) (accessed 2026-09-23)
  6. IRS - Enrolled agents: Frequently asked questions (accessed 2026-09-23)