How Long to Keep Tax Records

Similarly, if you’ve sold a home, you’ll need records that prove what you paid and what you received from its sale. And if you’ve sold a rental property, you’ll need detailed records of the amount you’ve invested in the property over the years, as well as how much you deducted for depreciation. It’s wise to keep Schedule E, the form you fill out every year for rental income, as long as you own the property.

How long to keep it

You’ve likely heard that seven years is the perfect period to hold on to tax records, including returns. The actual time to keep records isn’t that simple, according to Steven Packer, CPA, in the Tax Accounting Group at Duane Morris.

“In most cases, tax records don’t have to be kept for seven years because there’s a three-year statute of limitations,” Packer explains. “So assuming there’s no fraud or nothing else wrong, the IRS cannot look at your tax returns beyond that three-year statute.”

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 for it instead of the actual $50,000, the IRS has six years to take action against you. And if you 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.

“Keep a copy of the return itself,” says Henry Grzes, lead manager for Tax Practice & Ethics with the American Institute of CPAs. If the IRS says you didn’t file a tax return, a copy of the return itself should settle the matter.

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.

Most brokerages will compute your cost basis for stocks, bonds and mutual funds, although they are only required to calculate your cost basis for stock transactions since 2011 and mutual funds since 2012. It’s a good idea to keep all your transaction records, however, in case you change brokers. Your broker is not obligated to hold your records indefinitely. In addition, keep records of any inherited property and its value when the owner died, which will become your tax basis.

There’s nothing wrong with saving your records longer than the legal limits if it gives you peace of mind and you can stand the clutter. You might consider storing some records in the cloud — remote computer storage space that you rent.

Although many people keep paper records, it’s also smart to have the documents converted to electronic files and stored in the cloud. It’s a good idea to have two sets, in case one is destroyed. And remember that your state may have separate rules for keeping records; check with your accountant or state tax department. 

Finally, bear in mind that you have three years to file a return if the government owes you money. If you haven’t filed a return by then, the money goes into the U.S. Treasury.