Calculation guide / CSED

Bankruptcy and the CSED: The Stay Period Plus Six Months

Bankruptcy stops IRS collection. It also stops the IRS collection clock, and keeps it stopped for six months after. For any tax that survives the case, that is time added to the back end.

By Darrin T. Mish, AttorneyUpdated 2026-10-097 min read

Whether a bankruptcy wipes out a tax debt is one question, and it has its own rules. This page is about a different question: for any tax debt that survives the case, how much time did the bankruptcy add to the IRS's collection window? The answer is mechanical, and it is usually more than people expect.

The rule

IRC 6503(h) suspends the running of the collection period under IRC 6502 for the period during which the IRS is prohibited by reason of a bankruptcy case from collecting, and for 6 months thereafter. IRM 5.1.19.3.1 summarizes: the CSED is suspended while the IRS is prohibited from collecting, generally the life of the automatic stay, and for six months after.

The prohibition comes from the automatic stay in 11 U.S.C. 362, which arises when the petition is filed. The stay ends at different points depending on how the case ends.

How the IRS records it

IRM 5.1.19.3.1.1 says a TC 520 (with certain closing codes) and TC 521 suspend the CSED for the time from the TC 520 posting date to the associated TC 521 posting date, plus six months. Look for those two codes on the transcript. The dates between them, plus six months, are the suspension.

Counting method

  1. Start date: the date collection became prohibited, generally the petition date (TC 520).
  2. End of prohibition: the date the stay ended for the tax (TC 521), for example on dismissal or discharge.
  3. Add six calendar months to the end date.
  4. Count the days from the start date to that final date, and add them to the CSED.

Example A: Chapter 13, dismissed

A tax assessment has a CSED of January 20, 2029. The taxpayer files Chapter 13 on April 6, 2026. The case is dismissed October 14, 2027, ending the stay.

Chapter 13 suspension
Petition date (stay begins)April 6, 2026
Dismissal (stay ends)October 14, 2027
Plus 6 monthsApril 14, 2028
Suspension739 days
= New CSED (January 20, 2029 + 739)January 29, 2031
Hypothetical. Day count is end date minus start date, per the IRM 5.1.19.3 example.

A failed Chapter 13 plan that ran eighteen months added more than two years to the IRS's window. That is the most common way taxpayers end up with CSEDs far beyond what they expected.

Example B: Chapter 7, discharge

Same assessment, but assume it is not dischargeable. The taxpayer files Chapter 7 on June 1, 2026, and receives a discharge on September 15, 2026, which ends the stay for this debt.

Chapter 7 suspension
Petition dateJune 1, 2026
Discharge (stay ends)September 15, 2026
Plus 6 monthsMarch 15, 2027
Suspension287 days
= New CSED (January 20, 2029 + 287)November 3, 2029
Hypothetical. Any tax that is discharged is no longer collectible at all, so its CSED stops mattering.
The six-month tail applies every time. Even a short case that is dismissed in a few weeks adds those weeks plus six months to the CSED.

Even a short case costs six months

The six-month tail does not scale with the length of the case. A petition filed March 2, 2026 and dismissed April 1, 2026 protected the taxpayer for 30 days. The suspension runs to October 1, 2026, six months after dismissal: 213 days added to the CSED.

Stay length vs. days added to the CSED
CaseStayDays added (stay plus 6 months)
Dismissed in 30 days (Mar 2 to Apr 1, 2026)30 days213
Chapter 7 discharge (Jun 1 to Sep 15, 2026)106 days287
Chapter 13 dismissed (Apr 6, 2026 to Oct 14, 2027)556 days739

The shortest case on the list added seven times its own length to the CSED. A filing made only to stop a single levy can be an expensive way to buy a month.

Multiple filings

Each case suspends the CSED for its own stay period plus six months. Two cases mean two suspensions. If they overlap, the overlapping days count once, under the concurrency rule in IRM 5.1.19.3. IRM 5.1.19.3.1 tells IRS employees to contact Insolvency with questions about multiple bankruptcies, and it is fair to say this is where the CSED math is most often wrong on transcripts.

Beyond the stay: assets in court custody

IRM 5.1.19.3.1 notes that even after the 6503(h) suspension ends, the CSED may still be suspended under IRC 6503(b) while substantially all of the debtor's assets remain in the custody or control of a court. That is less common for individuals but worth checking in complex cases.

Joint liabilities

IRM 5.1.19.3.1.1 explains that for a joint liability where only one spouse filed bankruptcy, the CSED indicator shows primary or secondary, and the CSED must be determined separately for each spouse. The non-filing spouse's clock keeps running. After one spouse's bankruptcy, a married couple can have two different CSEDs on the same joint balance.

Why this matters for the discharge question too

Bankruptcy discharge of income taxes depends on timing rules, including how long ago the return was due and filed and how long ago the tax was assessed. Some of those timing periods are themselves suspended by earlier bankruptcies and other events. Those rules belong to a different calculation. See Can Chapter 7 Discharge Tax Debt?, and the free bankruptcy discharge calculator on this site.

Planning with the numbers

  • Before filing, compute the CSED for every year, and how long a realistic case would last.
  • For taxes that will not be discharged, add the expected stay period plus six months to see where the CSED lands.
  • If the case is likely to be dismissed, assume the full stay plus six months still counts.
  • Check the transcript after the case for TC 520 and TC 521 dates. If the IRS's suspension is longer than the record supports, ask for a correction.

The general counting method is in how to calculate a CSED, and each assessment's separate date is explained in multiple assessments.

Worked example: two filings that overlap

Serial filings are where bankruptcy CSED math goes wrong most often. Say an assessment has a CSED of January 20, 2029. The taxpayer files Chapter 13 on January 5, 2026, and the case is dismissed March 2, 2026. Under IRC 6503(h), that suspension runs to six months after dismissal, September 2, 2026: 240 days.

The taxpayer files again on May 1, 2026, and that case is dismissed July 31, 2026. Its suspension runs to January 31, 2027: 275 days. Added separately, the two cases would extend the CSED by 515 days. But the second filing began while the first case's six-month tail was still running. Under the concurrency rule in IRM 5.1.19.3, overlapping suspensions count once. Merged, the suspension runs continuously from January 5, 2026 to January 31, 2027, which is 391 days. The CSED moves to February 15, 2030, not to a date 515 days out.

If the IRS's transcript shows a later date, look at whether both TC 520 and TC 521 pairs were counted in full. IRM 5.1.19.3.1 tells IRS employees to contact Insolvency on multiple-bankruptcy questions precisely because this is easy to get wrong.

What the stay does not cover

The suspension depends on the IRS being prohibited from collecting by reason of the case. Once the stay ends for a particular tax, the six-month clock starts for that tax. In a Chapter 7 case, the stay generally ends for a nondischargeable tax when the discharge is granted, which is why Example B ended on the discharge date. In a Chapter 13 case that runs to completion, the stay can last for years, and so does the suspension. A five-year plan that fails in year four can add more than four years to the IRS's window on whatever survives.

For taxes that are discharged, none of this matters, because a discharged tax cannot be collected at all. The CSED math is for the debts that come out the other side.

Checking the IRS's bankruptcy dates

Pull the account transcript for each year and find the TC 520 and TC 521 pairs. Compare the TC 520 date to the petition date on the court docket and the TC 521 date to the dismissal, discharge, or closing date. Add six months to the TC 521 date. If the IRS CSED is later than your merged computation, ask how it was calculated. Errors in posting dates, duplicate pairs, and suspensions applied to a non-filing spouse are the usual causes.

The bottom line

Bankruptcy suspends the IRS collection statute for the life of the stay plus six months, every time, for every non-discharged tax it covers. A dismissed Chapter 13 can add years. If bankruptcy is on the table, run the CSED math and the discharge math together before anyone files.

Frequently asked questions

Does filing bankruptcy extend the IRS 10-year collection statute?
Yes, for taxes that are not discharged. IRC 6503(h) suspends the CSED for the period the IRS is prohibited from collecting by reason of the case, generally the automatic stay, plus six months. IRM 5.1.19.3.1 describes the same rule.
Does a dismissed bankruptcy still extend the CSED?
Yes. The suspension covers the stay period whether the case ends in discharge or dismissal, and the six months are added after the stay ends either way.
If only one spouse files bankruptcy, is the CSED extended for both?
No. IRM 5.1.19.3.1.1 says that on a joint liability where only one spouse filed, the CSED is determined separately for each spouse. The non-filing spouse's statute is not suspended by the other spouse's case.
How do I find the bankruptcy suspension on my IRS transcript?
Look for TC 520 and TC 521. IRM 5.1.19.3.1.1 says the CSED is suspended from the TC 520 posting date to the TC 521 posting date, plus six months.

Want someone to run your numbers?

The IRS math is mechanical. Knowing which rule applies to your account is not. Call the Law Offices of Darrin T. Mish, P.A. at (813) 229-7100.

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