Suspension of Statute of Limitations
You generally have until the later of 3 years from the time your
tax return was filed, or 2 years from the time you paid the tax, to claim
a refund. Under new law, this statute of limitations can be suspended during
periods when you cannot manage your financial affairs because of a physical
or mental impairment that is medically determinable and it either:
- Has lasted or can be expected to last continuously for at least
12 months, or
- Can be expected to result in death.
The
period for filing a claim for refund will not be suspended for any time
that someone else, such as your spouse or a guardian, was authorized to
act for you in financial matters.
To claim that you were physically or mentally disabled and could
not manage your financial affairs, you or the person signing the claim
for credit or refund must submit the following statements with the claim.
- A written statement signed by a physician, qualified to make the
determination, that sets forth all of the following.
a) Your name and a brief description of your physical or mental impairment.
b) The physician's medical opinion that the physical or mental impairment
prevented you from managing your financial affairs.
c) The physician's medical opinion that the physical or mental impairment
resulted in or can be expected to result in death, or that it has lasted
(or can be expected to last) for a continuous period of not less than 12
months.
d) To the best of the physician's knowledge, the specific time period during
which you were prevented by such physical or mental impairment from managing
your financial affairs.
- A written statement by you, or the person signing the claim for
credit or refund, that no person, including your spouse, was authorized
to act on your behalf in financial matters during the period described
in (1)(d). However, if a person was authorized to act on your behalf in
financial matters during any part of the period described in (1)(d), include
the period of time (beginning and ending dates) the person was so authorized.
The
statute of limitations will not be suspended on any claim for refund that
(without regard to this new provision) was barred as of July 22, 1998.
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