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Haigler CPA Group

Guide

Best Tax Records to Keep and for How Long

Keep the records that support each return for at least three years from filing, because that is the IRS's standard period of limitations. Keep them six years if income may have been understated by more than 25%, seven years for bad-debt or worthless-securities claims, four years for payroll records, five years for FBAR records, and property records until three years after you sell the asset. South Carolina's normal assessment window is also 36 months.

Published By Haigler CPA Group

Record retention is set by the period of limitations: the time the IRS or the SCDOR has to assess more tax, or you have to claim a refund. Once that window closes for a given return, most of its supporting records can go, unless an insurer, lender or other law needs them longer. The list below covers the records small business owners and individuals most often ask about, with the period that applies and why.

  1. Income records: 3 years, or 6

    Best for: W-2s, 1099s, invoices, deposit records, sales reports

    The IRS's standard period of limitations is three years from filing. It becomes six years if you do not report income that should have been reported and it is more than 25% of the gross income shown on the return. Business owners should keep the records that tie deposits to reported sales, such as invoices, receipt books and deposit information.

    • 3 years in the ordinary case
    • 6 years if more than 25% of gross income was omitted
    • Keep bank deposit detail, not just statements
  2. Expense receipts and proof of payment: 3 years

    Best for: Receipts, invoices, card statements, canceled checks

    The IRS lists canceled checks or other proof of payment, cash register receipts, account and credit card statements, and invoices as the documents that support expenses and purchases. Keep them for the life of the return they support. A monthly bookkeeping routine that attaches the receipt to the transaction makes this far easier than reconstructing it at year end.

    • Proof of payment plus what was bought
    • Invoices and receipts, not just statements
    • File them by month as you go
  3. Property and asset records: until 3 years after you sell

    Best for: Closing statements, improvement invoices, depreciation schedules, equipment purchases

    The IRS says to keep property records until the period of limitations expires for the year you dispose of the property, because they establish basis, depreciation and the gain or loss on sale. For a rental bought in 2010 and sold in 2030, that means keeping the purchase and improvement records into 2034 or later. Records from a 1031 exchange carry forward into the replacement property.

    • Purchase and sales invoices and closing statements
    • Every capital improvement
    • Depreciation taken each year
  4. Payroll and employment tax records: 4 years

    Best for: Employers of any size

    The IRS says to keep employment tax records for at least four years after the date the tax becomes due or is paid, whichever is later. That covers payroll registers, Forms 941 and 940, W-2s, W-4s and deposit records. South Carolina withholding returns and the W-2 files uploaded to the SCDOR belong in the same file.

    • 4 years from due date or payment, whichever is later
    • Include state withholding returns
    • Includes W-4s and deposit records
  5. Bad debts and worthless securities: 7 years

    Best for: Anyone deducting a loan that went bad or a stock that became worthless

    The IRS extends the retention period to seven years if you file a claim for a loss from worthless securities or a bad debt deduction. Keep the loan documents, collection efforts and evidence of when the debt or security became worthless.

    • 7 years for these claims
    • Evidence of worthlessness and timing matters
    • Keep loan papers and collection history
  6. Refund claims: 3 years from filing or 2 from payment

    Best for: Anyone filing an amended return to claim money back

    If you file a claim for credit or refund after filing the return, keep the records for three years from the date you filed the original return or two years from the date you paid the tax, whichever is later. The same records also show whether the claim itself was timely.

    • Later of 3 years from filing or 2 years from payment
    • Keep the amended return and its support
    • Also shows the claim itself was timely
  7. Foreign account records: 5 years

    Best for: Anyone who files an FBAR

    FBAR records must generally be kept for five years from the FBAR's due date. That means, for each account, the name on the account, the account number, the institution's name and address, the type of account and the maximum value during the year. Keep the currency rate you used as well.

    • 5 years from the FBAR due date
    • Maximum value for each account
    • Longer than the ordinary 3-year income tax period
  8. South Carolina returns: 36 months, or 72

    Best for: South Carolina individuals and businesses

    Under S.C. Code Section 12-54-85, SC taxes must generally be assessed within 36 months of the later of the filing date or due date. The window becomes 72 months if there is a 20% understatement of the taxes required on the return, a lower trigger than the IRS's 25% rule. There is no limit for fraud or for returns that were never filed.

    • 36 months in the ordinary case
    • 72 months for a 20% understatement
    • Sales, withholding and income tax records all apply
  9. Records after an IRS change: until the state is settled

    Best for: Businesses that have been through an IRS exam

    If the IRS changes a business's taxable income, South Carolina requires written notice to the SCDOR within 180 days of the final federal determination, and the SCDOR can assess the related state tax within 180 days after it receives notice, even if the 36-month period has passed. Keep the exam file and the federal determination until the state side is closed too.

    • Notify the SCDOR within 180 days
    • State window reopens for the federal changes
    • Keep the revenue agent's report and closing letter
  10. Unfiled or fraudulent returns: indefinitely

    Best for: Anyone with a year that was never filed

    The IRS says to keep records indefinitely if you do not file a return or if a fraudulent return is filed, because the period of limitations never starts. If you have unfiled years, the better answer is usually to deal with them, which starts the clock.

    • No limitation period without a filed return
    • Filing starts the 3-year clock
    • Same principle applies in South Carolina

Retention periods at a glance

Minimum retention periods for tax purposes
RecordKeep forCounted from
Records supporting an ordinary return3 yearsFiling date (early returns count as filed on the due date)
Records where more than 25% of gross income was omitted6 yearsFiling date
Bad debt or worthless securities claims7 yearsFiling date
Employment tax records4 yearsLater of the due date or payment date
FBAR records5 yearsFBAR due date
Property and asset basis recordsUntil the period of limitations ends for the year of saleReturn for the year you dispose of the asset
South Carolina returns36 months (72 for a 20% understatement)Later of filing date or due date
Unfiled or fraudulent returnsIndefinitelyNever starts
These are tax minimums. Insurers, lenders, landlords, licensing boards and other laws may require longer. The IRS itself says to check before discarding records.

A simple system that works

  • Keep one folder per tax year for records that expire, and a separate permanent folder for property, entity and basis records that do not.
  • Keep a copy of every filed return, federal and state, with its supporting schedules. They help with future returns and amended returns.
  • Store receipts with the transaction in your bookkeeping software as you go, rather than in a year-end shoebox.
  • Each spring, after the new return is filed, review the oldest year and destroy what has passed its period, securely.

Haigler CPA Group's bookkeeping service keeps records organized month by month, which is also what makes a notice or exam manageable. Before a first meeting, our documents-to-bring checklist shows what to gather. If you are comparing firms, see our list of small business accountants in Charleston.

The information on this site is general in nature and is not tax, legal, or accounting advice for your situation. Tax law changes and the right answer depends on facts we would need to review with you. Please speak with a qualified professional before acting on anything you read here.

Questions people ask about this

How long should I keep tax returns?

The supporting records need to be kept at least three years from filing in the ordinary case, and longer in the situations the IRS lists. The IRS also recommends keeping copies of filed returns, because they help in preparing future returns and in making computations if you file an amended return.

How long should a business keep payroll records?

At least four years after the tax becomes due or is paid, whichever is later, according to the IRS.

How long can South Carolina audit my return?

Generally 36 months from the later of the filing date or due date. It extends to 72 months for a 20% understatement and has no limit for fraud or unfiled returns. Federal changes can also reopen the state window.

When can I throw away records for a house or rental property?

Not until the period of limitations has expired for the year you sell it. Purchase, improvement and depreciation records are what establish your basis and gain.

What records do I need for foreign accounts?

For each account, the IRS lists the name on the account, the account number, the name and address of the foreign bank, the type of account and the maximum value during the year. Bank statements or copies of filed FBARs showing that information are acceptable. Keep them five years from the FBAR due date.

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