A federal judge ruled in November in the case Kwong v. United States that tax filing and payment deadlines should have been postponed for the duration of the COVID-19 disaster declaration plus an added sixty days, a roughly 3.5-year period spanning from Jan. 20, 2020, through July 10, 2023. That could mean taxpayers are entitled to refunds for penalty charges or interest they incurred during that time.
But despite the ongoing litigation, taxpayers must act now to preserve their eligibility to receive relief if the decision stands. Since the IRS typically requires taxpayers to file a refund claim within three years of submitting a return, Americans have until Friday—three years after July 10, 2023—to make claims for potential refunds on those COVID-era charges.
Anyone who was penalized for not paying their taxes or for filing late tax returns during the disaster declaration period plus 60 days may be eligible for potential refunds or abatements if the judge’s ruling holds. The same is true for those who incurred penalties for filing late foreign information tax forms, such as for international assets, gifts, or trusts.
All told, that means tens of millions of individual taxpayers, small businesses, large corporations, estates, and trusts could qualify for refund payments.
Those transcripts can be accessed on the IRS website; individual or business accounts can be made using the agency’s ID.me service. You can also request your transcripts via mail, though they could take five to 10 days to arrive—meaning they could come after the deadline to make a claim has already passed.
How to file a claim
The IRS just recently expanded the methods for submitting their COVID-era refund claims on July 1. Now, taxpayers can also submit the form electronically, instead of exclusively on paper.
The agency explained that “at this time, only claims on Form 843 related to fully paid interest and penalties that cite to Kwong v. United States are being accepted electronically.” Those who submit their form by paper must also note that the submission is related to the Kwong case at the top of the form, the agency wrote.
“The claim should clearly state that your claim is based on the COVID-19 disaster relief period and the legal reasoning reflected in Kwong,” Collins wrote. “It should also identify the specific penalties and interest, tax period, and dates at issue.”
If you submit your form—or forms—on paper, Collins suggested doing so by certified mail, which gives proof of mail and delivery, since the IRS does not confirm receipt.
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