You've likely heard that seven years is the perfect period to hold on to tax records, including returns. However, in most cases, tax records don't have to be kept for seven years because there's a three-year statute of limitations. So assuming there's no fraud or nothing else wrong, the IRS cannot look at your tax returns beyond that three-year statute.
Exceptions to the Statute of Limitations
The statute of limitations has some important exceptions, and if your tax return has any of these, you'll need to keep your returns and your records longer than three years. For example, the statute of limitations is six years if you have substantially underestimated your income. The threshold for substantial understatement is 25 percent of your gross income. If you claim your gross income was $50,000 and it was really $100,000, you've substantially understated your income.
The six-year rule also applies if you have substantially overstated the cost of property to minimize your taxable gain. Say if you sold a piece of property for $150,000 and claimed you paid $125,000 instead of the actual $50,000, the IRS has six years to take action against you. And if you have omitted more than $5,000 in income from an offshore account, the statute of limitations is also six years.
Keep records for seven years if you file a claim for a loss from worthless securities or bad-debt deduction. If you haven't filed a return, or if you have filed a fraudulent return, there's no statute of limitations for the IRS to seek charges against you.
Property Records Can Be Forever
When you sell a property at a profit, you'll owe capital gains tax on that profit. Calculating your capital gain often requires you to hang on to your records as long as you own your investment. You'll need those records to calculate the cost basis for the property, which is the actual cost, adjusted upward or downward by other factors, such as major improvements to the structure.
Calculating the cost basis on property you live in is relatively simple because most people can avoid paying capital gains tax on their primary residence. If you sell your primary residence, those filing individual returns can exclude up to $250,000 in gains from taxes, and couples filing jointly can exclude up to $500,000. You must have lived in your home for at least two of the past five years to qualify for the exclusion. Even so, you'll need to save your records of the transaction for at least three years after selling the property.
If your sale doesn't meet the above criteria, you'll need to keep records of significant improvements for at least three years after the sale. IRS Publication 523, “Selling Your Home,” spells out what improvements you can add to your cost basis — and reduce your capital gains bill. The same holds true for rental property.