How long do you have keep tax returns

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How long do you have keep tax returns

Chip Somodevilla / Staff/Getty Images

4 min read Published October 08, 2021

Written by

David McMillin

Written by David McMillinArrow RightContributing writer

David McMillin is a contributing writer for Bankrate and covers topics like credit cards, mortgages, banking, taxes and travel. David's goal is to help readers figure out how to save more and stress less.

David McMillin

Edited by

Lance Davis

Edited by Lance DavisArrow RightVice president

Lance Davis is the Vice President of Content for Bankrate. Lance leads a team responsible for creating educational content that guides people through the pivotal steps in their financial journey.

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  • You should hold on to most of your tax returns for at least 3 years. 
  • In addition to your return, keep supporting documents like W2s, 1099s, and deduction-related receipts.
  • There are many exceptions that may require you to keep your tax records for longer.
  • See Personal Finance Insider's picks for the best tax software »

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Whenever you file your taxes, a trail of documents are involved. After you've settled up with the Internal Revenue Service, you might be tempted to just toss all that paperwork. But the IRS recommends that you preserve your tax returns and related documents for at least three years. In some cases, you may need to keep them even longer.

Here are the guidelines to follow when deciding how long to keep yours on hand.

Hold on to your records for a bare minimum of 3 years 

"The general rule of thumb is to keep your tax returns for at least three years from the date you filed it, the due date, or the date you paid the tax, whichever is later," explains Tom Taulli, an enrolled agent and owner of Pathway Tax.

Within three years, you can amend your tax return in order to claim a credit or refund. The IRS statute of limitations also allows for questioning or auditing a return during that time frame. If the IRS has questions about your tax returns or wants to perform an audit, you'll probably be asked to produce your tax records. 

In addition to your tax returns, you should keep any supporting documentation. The things you should keep include your W2 forms, 1099 forms, records of unemployment payments, credit card receipts, invoices, mileage records, statements detailing any securities transactions you made, and documents detailing contributions made to retirement-savings accounts. 

You may need to keep your tax records for longer in certain situations. Generally, a more complicated tax situation will lead to a longer required holding period. 

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Keep your tax records for 6 years if you omitted some income

The IRS requires you to keep your tax records for six years if you underreport income that accounts for more than 25% of the gross income. 

This extended time requirement won't apply if you have a cut-and-dried tax return with straightforward W2 income. But if you have a complicated return that intentionally underreports income, then the IRS has six years to check the records and assess more tax.

Quick tip: The IRS receives information from a variety of sources about your income and uses an automated system to spot potential discrepancies. If there is a potential discrepancy, a tax examiner will review the document further. Depending on what they find, the IRS may assess additional taxes. 

Maintain tax returns and records for 7 years for capital losses 

If you claim a capital loss from securities or bad debt on your return, keep the records for seven years. The extended record-holding period gives the IRS ample time to check into your claim to confirm that the appropriate amount of tax was paid. 

In addition to your tax return, make sure to keep detailed records on the capital loss itself. 

Keep records for 10 years or longer under certain circumstances

Tax filers who have paid taxes to a foreign government can claim a credit or itemized deduction on those taxes up to 10 years later. The credits and itemized deductions are only available if the same income is subject to US tax. But hanging on to those tax records for the 10 years will help you justify the claim if the need arises. 

If you are a property owner, there are additional time requirements to consider. For one, you'll definitely want to hold the tax records related to a particular property for the duration of your possession. These records will help you determine any depreciation, amortization, depletion deductions, and capital gains related to the property. After you sell the property, you'll need to keep the records until the period of limitations expires. 

But there's a catch when it comes to nontaxable exchanges. If you obtain property in a nontaxable exchange, you'll need to keep the tax records of both the old property and the new property until the period of limitations expires when you sell the new property.

Quick tip: Section 1031 of the tax code allows you to exchange real estate properties of the same type without recognizing a capital gain or loss. Investors and businesses can use this opportunity to further their investment goals without incurring a big tax bill.     

Beyond the 10 year mark, the IRS only recommends holding onto your tax records if you've filed a fraudulent return or didn't file a return at all. That's right. The IRS actually recommends holding onto these records if you've willfully broken the tax code. But of course, it is absolutely not recommended that you skip tax filing or intentionally commit fraud on your tax return. 

The bottom line

The IRS clearly outlines the guidelines around how long you should keep your tax records. But some experts recommend holding onto the returns for even longer than the IRS says you should. 

"It's easy and convenient to scan and upload to the cloud, and there is very little downside to keeping old returns, but lots of potential nightmares lurking if you need an older return and can't access it," says Matthew Jenkins, CFA, CFP and founder of Noble Hill Planning.

Ultimately, you'll be safe following the rules of retention laid out by the IRS. But if you want to hold onto those records longer, it won't hurt to have them available if you need them.

Sarah Sharkey

Sarah Sharkey is a personal finance writer who enjoys helping people make better financial decisions. Sarah enjoys traveling, hiking and reading when she is not writing. You can connect with her on her blog 

What records should be kept for 7 years?

Keep records for 7 years if you file a claim for a loss from worthless securities or bad debt deduction. Keep records for 6 years if you do not report income that you should report, and it is more than 25% of the gross income shown on your return. Keep records indefinitely if you do not file a return.

What records must be kept for 10 years?

You must be able to produce receipts, invoices, canceled checks or bank records that support all expense items. You should also keep sales slips, invoices or bank records to support all income items. These records should be retained for at least 10 years after they have expired.