FTCA Statute of Limitations Calculator

The Federal Tort Claims Act (FTCA) gives you two years from the day your claim accrues to present it in writing to the federal agency. After the agency mails a final denial, you have six more months to file a lawsuit. The calculator above turns those two periods into your own dates, and it also counts three other federal deadlines that follow different rules.

The FTCA Deadline Is Two Years, Then Six Months

The FTCA statute of limitations has two stages. Under 28 United States Code (U.S.C.) § 2401(b), a tort claim against the United States is "forever barred" unless it is presented in writing to the appropriate federal agency within two years after the claim accrues. The same section also bars the claim unless suit begins within six months after the agency mails its notice of final denial by certified or registered mail.

The word "presented" has a fixed meaning. Under 28 Code of Federal Regulations (C.F.R.) § 14.2(a), a claim is presented when the agency receives an executed Standard Form 95 (SF-95) or other written notice of the incident with a claim for money damages in a sum certain. The SF-95 instructions say a claim "is deemed presented when it is received by the appropriate agency, not when it is mailed."

Plan for the agency to have it in hand before the date the calculator shows.

Two more rules from 28 U.S.C. § 2675 shape the timeline:

• No lawsuit before a denial. Under § 2675(a), you cannot sue until the agency has finally denied the claim in writing by certified or registered mail. If the agency makes no final decision within six months after you file, you may treat that silence as a final denial at any time afterward.
• The amount on the form caps the lawsuit. Under § 2675(b), the lawsuit cannot ask for more than the amount you presented to the agency. The exceptions are newly discovered evidence that was not reasonably discoverable when you filed, and intervening facts about the amount.

For the full process from claim to courtroom, see how to sue the federal government under the FTCA.

How to Use the Federal Claim Deadline Calculator

The calculator asks for a few dates and returns your next deadlines with the law behind each one. Fill in the fields in this order:

1. "What happened?" Pick one of four options. Two cover the Internal Revenue Service (IRS): tax collection that broke the tax law (26 U.S.C. § 7433), and someone at the IRS looking at or disclosing your tax return without permission (26 U.S.C. § 7431). The other two cover a federal employee causing injury, property damage or a death (Federal Tort Claims Act), and a federal agency mishandling records about you (Privacy Act, 5 U.S.C. § 552a).
2. The start date. Its label changes with your choice: "Date the claim accrued" for the FTCA, "Date you could reasonably have discovered the violation" for § 7433, "Date you discovered the inspection or disclosure" for § 7431, and "Date the cause of action arose" for the Privacy Act.
3. FTCA follow-up dates. Enter "Date the agency received your claim (SF-95)" and "Date the agency mailed its final denial." Leave either blank if it has not happened.
4. § 7433 follow-up dates. Enter "Date you filed your administrative claim with the IRS" and "Date the IRS decided that claim." Leave either blank if it has not happened.
5. "Count days left as of." This defaults to today. Change it to see how many days you will have on a future date.

The output shows a headline date, such as "Last day to present your claim to the agency," and the number of days left. Below it is a list of your next dates, each with its citation. If you enter dates in an impossible order, the calculator shows a warning.

On first load, the calculator fills in an example accrual date one year back, tagged "Example date, enter your own date above." Replace it before you rely on any result. The calculator does its math in your browser, and the dates you enter are never sent anywhere.

Three buttons let you keep the result. "Print / save as PDF" makes a paper or Portable Document Format (PDF) copy. "Copy dates" puts the list on your clipboard. "Add deadline to calendar (.ics)" downloads a calendar file with a reminder 30 days before the deadline.

How the FTCA Statute of Limitations Is Counted

Each option in the calculator follows its own statute, with its own start event and its own first step.

For Privacy Act claims, § 552a(g)(5) lets you sue in the federal district court where you live or have your principal place of business, where the agency records are, or in the District of Columbia. If the agency materially and willfully misrepresented information it was required to disclose, the two years run from when you discover the misrepresentation.

The calculator uses one date rule for every option. It counts to the same calendar day the given number of years or months later. If that month has no such day, as with February 29 or the 31st, it uses the last day of that month, which is the earlier date.

The calculator does not add time for weekends or holidays. Do not count on an extra day.

Worked Example: An FTCA Injury Claim

Say a federal employee caused your injury on March 4, 2025. The calculator shows that the agency must receive your claim by March 4, 2027. Counted as of October 12, 2026, that is 143 days left.

Now say the agency received your SF-95 on June 1, 2026 and has not decided it. Six months after filing, you may treat that silence as a denial, so the calculator lists December 1, 2026.

If instead the agency mailed a final denial on August 14, 2026, the six-month clock runs from the mailing date. The lawsuit must be filed by February 14, 2027, which is 125 days left as of October 12, 2026.

Worked Example: An IRS Collection Claim

Say you could reasonably have discovered an IRS collection violation on September 10, 2025. Under § 7433, you must sue by September 10, 2027, which is 333 days left as of October 12, 2026.

If you file the administrative claim before March 10, 2027, the IRS has its full six months to decide. An administrative claim filed on January 15, 2026 makes July 15, 2026 the earliest date you can sue, or the date the IRS decides the claim if that comes first.

IRS Claims Follow Different Rules

The FTCA does not cover tax collection. Under 28 U.S.C. § 2680(c), the FTCA excludes any claim arising from the assessment or collection of any tax.

Collection Claims Under § 7433

Section 7433 lets a taxpayer sue the United States for damages when an IRS officer or employee recklessly, intentionally or negligently disregards the tax law while collecting federal tax. Under § 7433(d)(1), no damages are allowed unless you first exhausted the administrative remedies within the IRS. Section 7433(d)(3) allows suit only within 2 years after the right of action accrues.

The regulation at 26 C.F.R. § 301.7433-1 fills in the details:

• Accrual. Under (g)(2), the right of action accrues when you have had a reasonable opportunity to discover all the elements of a possible cause of action. Under (g)(1), the lawsuit goes to federal district court within 2 years after that.
• The waiting period. Under (d)(1), you cannot sue before the IRS decides your administrative claim or six months after you file it, whichever comes first.
• The last-six-months exception. Under (d)(2), if you file the administrative claim during the last six months of the two-year period, you may sue any time after filing and before the period expires.
• Where the claim goes. Under (e), you send it in writing to the IRS Area Director, Attn: Compliance Technical Support Manager, for the area where you live.

The written claim must include your name, address, phone numbers and taxpayer identification number. It must also state the grounds in reasonable detail, describe your injuries, give the dollar amount and carry your signature.

Inspection and Disclosure Claims Under § 7431

Section 7431(d) allows a lawsuit for unauthorized inspection or disclosure of a return within 2 years after the date you discover the inspection or disclosure. The clock starts at discovery, so the date you enter in the calculator is the day you found out. For more on IRS remedies, see whether you can sue the IRS.

When the Calculator's Answer Is Wrong for You

The calculator counts from the dates you enter and nothing else. It does not know facts that can move a deadline:

• when you learned of the harm, if that differs from the date you entered
• a claimant who is a minor or incapacitated
• a claim sent to the wrong agency
• an earlier denial you have not entered

Some readers should not rely on the calculator at all. If your deadline is within weeks or has already passed, talk to a lawyer now through find a lawyer. If you are unsure which law applies, start with suing a federal agency like the VA, USPS or FBI or the how to sue the government hub.

If your claim is about constitutional violations by individual officers, a Bivens or Section 1983 claim follows different rules. Read FTCA vs Bivens vs Section 1983 before using any date from the calculator. If you are disputing a tax bill itself, your route is a Tax Court petition or a refund suit, covered on the IRS page.

What to Do Next

This calculator is built as the next step for people who used the eligibility quiz. If you came here from that quiz, the Anti-Weaponization Fund's establishing order was rescinded in August 2026 and there is no fund claims process. These deadlines come from the ordinary federal remedies that exist in law.

Your SF-95 needs a sum certain, and § 2675(b) caps a later lawsuit at that figure. The SF-95 damages worksheet helps you add up that amount, and how to fill out Standard Form 95 box by box walks through each field. If your case is complex or close to a deadline, read when to hire an FTCA lawyer.

Click "Add deadline to calendar (.ics)" today so your FTCA statute of limitations date and its 30-day reminder are on your calendar, then open the SF-95 damages worksheet.

Frequently Asked Questions

What is the statute of limitations for filing a federal tort claim?

You have two years after the claim accrues to present it in writing to the appropriate federal agency, under 28 U.S.C. § 2401(b). If the agency mails a final denial, you then have six months from the mailing date to sue.

Does the FTCA deadline run from when I mail the claim or when the agency gets it?

The date the agency receives your claim is the date that counts. Under 28 C.F.R. § 14.2(a) and the SF-95 instructions, a claim is presented when the appropriate agency receives it.

What happens if the agency never answers my claim?

If the agency makes no final decision within six months after you file, 28 U.S.C. § 2675(a) lets you treat that silence as a final denial. You may do so at any time after the six months pass.

Can I sue the IRS under the Federal Tort Claims Act?

Claims arising from the assessment or collection of any tax are excluded from the FTCA by 28 U.S.C. § 2680(c). Collection misconduct falls under 26 U.S.C. § 7433, which requires you to exhaust IRS administrative remedies and sue within 2 years after the right of action accrues.

How long do I have to sue after the agency denies my claim?

You have six months from the date the agency mailed its final denial by certified or registered mail, under 28 U.S.C. § 2401(b). Enter the mailing date in the calculator to see your last day.