There is a possibility of a tax refund due to you if you or your business were charged IRS penalties or interest during the COVID-19 pandemic. However, the refund will not be automatically applied – you have to submit a form by July 10th to claim this potential refund.
Court Decision: IRS Disaster-Related Postponement
Court Decision: There was a recent court decision in a case called Kwong vs. United States that determined the Covid-19 pandemic was considered in-line with rules that govern disaster-related filings (as the law was written during the pandemic). This tax law provided that when a disaster is declared, tax filing and payment deadlines are automatically extended for the duration of the disaster, followed by an additional 60-day period to file returns and make payments. For COVID-19, a federal disaster declaration remained in effect from January 20, 2020, through May 11, 2023. With the required 60-day extension applied, the tax-related deadline period should have been extended to July 10, 2023.
Date Clarification: Based on this definition and the current ruling, any filing and payment deadlines not submitted should not be considered “late” until after July 10, 2023. Therefore, any penalties for late filing and payment you incurred between January 20, 2020, through May 11, 2023 should be refunded.
The IRS is challenging this ruling, but the final decision will not be made for months.
File a Protective Claim
Who is Affected: This issue is not limited to a small or specialized group of taxpayers. Individuals, businesses, trusts and estates could all be entitled to refunds of penalties or interest paid – or to abatements of penalties or interest not yet paid. Under the reasoning of the Kwong decision, you may be entitled to a refund or abatement of certain amounts assessed during the COVID period, including:
- Penalties assessed for failure to timely file returns, failure to pay taxes, or failure to make estimated tax payments;
- Interest that began accruing earlier than it should have, or not at all; and
- Overpayment interest for the 2020–2023 disaster period.
Contact Avizo
We can help you get this filed. The Protective Claim Form will not need a specific dollar amount – and it is not going to be the method used to actually claim the refund. It is only designed to protect your status as someone who is due a refund. The claim must identify and describe the contingencies affecting the claim; it must be sufficiently clear and definite to alert the IRS as to the essential nature of the claim; and it must identify a specific year or years for which a refund is sought. It also must be filed on PAPER instead of electronically. If you paid penalties or interest during the pandemic – we encourage you to get this claim filed so you can receive a refund if the Kwong decision stands.
Chris VanArsdale
Chris is a Manager in our tax department with over 10 years of experience. His specialties include international, trust and estate, and business tax filings.
