Answer FileTax

How many years back can the IRS or California FTB audit me?

The answer, cited

The IRS generally has three years from filing to assess additional tax under 26 U.S.C. § 6501 (six years if gross income is understated by more than 25%) while California's Franchise Tax Board gets four years under Revenue and Taxation Code section 19057. Neither period ever closes for fraud or a never-filed return.

Three years federally, four for California: with expansions that matter. The IRS generally must assess additional tax within three years of the return's filing (26 U.S.C. § 6501); the period doubles to six years when gross income is understated by more than 25%, and never closes for fraud or a never-filed return. The Franchise Tax Board gets four years (Revenue and Taxation Code section 19057) and likewise faces no limit for fraud or non-filing, and because the FTB piggybacks on federal results, a federal adjustment reopens California exposure: taxpayers must report federal changes within six months, or the FTB may assess at any time (section 18622). Collection differs sharply: the IRS generally has ten years from assessment to collect (26 U.S.C. § 6502), while California's collection statute runs twenty (section 19255). Audit selection is not accusation, but responses are deadline-driven, and appeal rights (90 days to Tax Court; 60 days to protest an FTB notice) expire quickly.

Authority: 26 U.S.C. § 6501; Cal. Rev. & Tax. Code § 19057

Source: 26 U.S.C. § 6501; Cal. Rev. & Tax. Code § 19057 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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