New Court Ruling Could Mean IRS Penalty Refunds

If you found yourself paying IRS penalties and interest during the chaos of the COVID-19 pandemic, you might be entitled to get that money back. A significant decision from the U.S. Court of Federal Claims, Kwong vs. United States, challenges how the IRS handled deadlines during the national emergency. If this ruling holds, it could invalidate failure-to-file and failure-to-pay penalties assessed against thousands of taxpayers.

The Breakdown: Kwong vs. United States

At the heart of this case is a disagreement over disaster relief extensions. The court ruled that under Internal Revenue Code Section 7508A(d), the government was required to provide an automatic, mandatory extension of tax deadlines during a federally declared disaster. While the IRS argued these extensions were discretionary and limited, the court determined the relief period for the pandemic legally spanned from January 20, 2020, to July 10, 2023.

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What This Means for Your Wallet

The implications here are substantial. If the legal filing and payment deadline was effectively moved to July 10, 2023, then any "late" penalties assessed before that date may have been applied in error. Essentially, you cannot be penalized for missing a deadline that hadn't arrived yet. This opens a window for taxpayers to request refunds for penalties and interest paid between 2020 and 2023.

Your Action Plan: Protective Claims

While this ruling is a win for taxpayers, the legal battle likely isn't over. The government may appeal the decision. However, you cannot afford to wait and see what happens, or the statute of limitations might expire on your refund. We recommend a proactive approach.

1. Review Your History

First, verify if you actually paid penalties during the relevant window. You need to look at your Account Transcripts for tax years involving deadlines between Jan 20, 2020, and July 10, 2023. You can access these for free via the Get Transcript tool on IRS.gov. If navigating the IRS portal feels daunting, our office can pull these records for you to identify refund opportunities.

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2. File Form 843

To lock in your right to a potential refund, you should file a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). Think of this as a placeholder. It tells the IRS, "I believe I am owed this money based on the Kwong ruling, and I am filing this now to stop the clock on the statute of limitations." Even if the IRS holds the claim pending an appeal, your rights are preserved.

3. Watch the Calendar

The ruling dictates that claims related to this decision generally must be filed by July 10, 2026 (three years from the end of the disaster period). However, waiting until the last minute is rarely a good strategy in tax matters.

Let Us Handle the Paperwork
If you paid substantial penalties during the pandemic, do not leave this money on the table. Contact our office today. We can review your transcripts, determine if you qualify under the Kwong decision, and file the necessary protective claims to safeguard your refund.

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