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Did You Pay IRS Penalties During the Pandemic? A New Court Ruling Could Mean a Refund

For many individuals and business owners, the COVID-19 pandemic created unprecedented financial confusion. If you found yourself paying the IRS penalties and interest during that chaotic window, a significant legal development suggests you might be entitled to get that money back.

A recent decision by the U.S. Court of Federal Claims in Kwong vs. United States challenges how the IRS handled deadline extensions during the pandemic. At Smart Tax Financial, LLC, we are closely monitoring this situation because it could open the door for many of our clients to claim refunds for charges assessed between 2020 and 2023.

Understanding the Kwong vs. U.S. Decision

The core of this ruling revolves around Internal Revenue Code Section 7508A(d). In the Kwong case, the court determined that this code provides a mandatory, automatic extension of tax deadlines during a federally declared disaster. While the IRS argued they had the discretion to limit extensions to one year, the court rejected that stance.

The court ruled that the automatic extensions applied throughout the entire COVID-19 disaster period—specifically from January 20, 2020, to July 10, 2023. This implies that the legal tax deadlines were effectively moved to the end of that period.

Business professionals discussing financial agreement

What This Means for Your Tax Liability

If the deadlines were legally moved to July 2023, then any "failure-to-file" or "failure-to-pay" penalties the IRS charged you before that date may have been imposed in error. Consequently, the interest accrued on those penalties would also be invalid. This ruling potentially invalidates years of assessments, offering a pathway for taxpayers to seek abatement and refunds.

Steps to Protect Your Potential Refund

Because this involves federal revenue, the government is likely to appeal the decision. However, waiting for the appeal to conclude could cost you your refund rights due to time limits. We recommend taking the following proactive steps:

  • Analyze Your Transcripts: We need to review your account for penalties assessed between Jan 20, 2020, and July 10, 2023. You can access these for free via the Get Transcript tool on IRS.gov, or we can assist you in pulling these records to identify refundable amounts.
  • File a Protective Claim: To prevent the statute of limitations from expiring while the appeals process plays out, you should file a "protective" Claim for Refund and Request for Abatement (Form 843). This acts as a placeholder, legally locking in your right to a refund if the ruling stands.
  • Request Abatement: If you currently owe penalties from this era, the Kwong ruling can be cited as justification for removing them.

Important Deadlines

Time is a critical factor here. Under this ruling, claims for refunds must generally be filed within three years of the legally recognized deadline. This sets a cutoff date of July 10, 2026. While that seems distant, gathering records and filing accurate protective claims takes time.

We Are Here to Help

Navigating IRS appeals and protective claims requires precision. With over 14 years of experience in tax preparation and resolution, our team at Smart Tax Financial is equipped to help you determine if this ruling applies to your situation. Do not leave money on the table that rightfully belongs to your business or family.

Contact us today to review your pandemic-era tax records and discuss filing a protective claim.

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Phone: (909) 376-8770
Fax: (951) 479-9199
info@smarttaxfin.com
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