Form 4810: Request for Prompt Assessment

In some situations, a taxpayer, estate or corporation may need to file a request for prompt assessment of their return. This can be accomplished by using Form 4810 (Request for Prompt Assessment). If you file a request for prompt assessment keep in mind that it should be done after you have filed your return and it should be mailed separately from your return. Make sure to mail the form certified mail so you have proof that the IRS received it.

Example Situation for Filing Form 4810

One example for filing for prompt assessment would be a corporation that decides to close down because the shareholders cannot agree with one another.

If the corporations last year in existence is 2012, they would have to wait until after March 25th, 2013 to file for a prompt assessment of their return. This is because you cannot request an assessment until after the due date of your tax return. Since the due date of a corporate tax return in March 25th, the shareholders would need to wait until this date.

Even if they were to file their corporate tax return prior to March 25th, they would still have to wait until this day because that is when the IRS considers it filed.

It is also best practice that a corporation attaches a copy of their return to Form 4810 when they decide to request prompt assessment by the IRS.

Form 4810 Does Not Extend Assessment Deadline

The IRS has the ability to assess tax to a taxpayer for up to three years after their tax return is filed. When you file Form 4810, the IRS has up to 18 months to fulfill your request for prompt assessment. In some situations, this 18 months period may surpass the original 3 year period for original assessment of your tax return. According to the IRS, even though it surpasses it, it does not extend the 3 year period.

If you were to file your return April 15th 2009, the IRS would have until April 15th 2012 to assess you a tax liability. Once this 3 year period passes, the IRS is not allowed to assess your return according to the statute of limitations. If you were to then file Form 4810 for your 2008 tax return on June 11th 2011 it would not extend the statute of limitation for assessment past April 15th 2012.

Prompt Assessment for an Estate

In some cases, a beneficiary may wish to file for prompt assessment of an estate tax return because he wishes to be completely sure all taxes have been paid prior to distributing the assets of the estate.

Keep in mind that if you are the beneficiary of an estate and your executor requests a prompt assessment of tax, the IRS can assess that tax against you as the beneficiary. In most cases, this happens if you are a surviving spouse of an estate and the IRS cannot collect the whole liability using the assets of the estate.

Form 4810:

Example of form 4810

About Paul Gaulkin CPA

Paul Gaulkin is a Certified Public Accountant and enrolled with the U.S. Treasury to practice before the IRS. Mr. Gaulkin possesses unique technical knowledge in the process of securing relief for taxpayers nationwide with IRS and State tax problems. With an accounting degree from Florida International University, he is able to transform complex tax and accounting problems into easy to understand solutions.

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