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LEARNING CENTER

New Court Ruling Could Mean Refunds for COVID-Era Tax Penalties

If you were hit with IRS penalties or interest charges during the uncertainty of the COVID-19 pandemic, there is a new legal development that deserves your immediate attention. A recent decision by the U.S. Court of Federal Claims in Kwong v. United States challenge how the IRS handled deadlines during the disaster declaration, potentially opening the door for significant refunds.

At Cherokee CPA, we are always looking for strategies to maximize benefits for our clients, and this ruling could be a game-changer for those who faced "failure-to-file" or "failure-to-pay" assessments between 2020 and 2023.

Understanding the Kwong v. U.S. Decision

The core of this case revolves around Internal Revenue Code Section 7508A(d). In Kwong v. U.S., the court ruled that when a federally declared disaster occurs, tax deadline extensions are mandatory and automatic. While the IRS argued these extensions were limited to one year, the court disagreed.

Because the COVID-19 disaster declaration spanned from early 2020 to May 2023, the court determined that the associated tax filing and payment deadlines were effectively postponed until July 10, 2023.

Close up of hands calculating business tax numbers

What This Means for Your Wallet

If the legal deadline to file and pay was moved to July 2023, then many penalties assessed prior to that date may have been imposed in error. Essentially, you cannot be "late" if the deadline hasn't passed yet. This logic suggests that taxpayers who paid penalties and interest for the 2019 through 2022 tax years might be entitled to get that money back.

Steps to Preserve Your Refund Rights

While this is encouraging news, the process isn't automatic. The IRS may appeal this decision, meaning the legal battle isn't fully over. However, you must take action now to prevent the statute of limitations from expiring on your potential claim.

1. Analyze Your Transcripts

First, we need to identify if you are eligible. Review your account for any penalties or interest charged between January 20, 2020, and July 10, 2023. You can access these records for free using the Get Transcript tool on IRS.gov. If you are uncomfortable navigating the IRS portal, please reach out to our office for help.

2. File a Protective Refund Claim

To safeguard your right to a refund while the government potentially appeals the Kwong case, you should file a "protective claim." This is done using Form 843 (Claim for Refund and Request for Abatement). Think of this as holding your place in line; it stops the clock on the statute of limitations while the courts finalize the ruling.

Glasses and pen on top of tax documents

3. Request Abatement

If you currently owe penalties from this period, we can use the Kwong decision as the basis for an abatement request. Additionally, starting in 2026, the IRS is rolling out automatic First-Time Abatement (FTA) for eligible taxpayers with clean compliance history, offering yet another avenue for relief.

Critical Deadlines

Time is a factor here. Under the ruling, claims related to this decision generally must be filed within three years of the postponed deadline. This sets a hard cutoff date of July 10, 2026. If you wait until after the appeals process concludes, you might find yourself time-barred from collecting a refund.

We Are Here to Help

Navigating IRS controversy can feel overwhelming, but you don't have to do it alone. Whether you are a small business owner or an individual taxpayer, we can help you review your transcripts and file the necessary protective claims. Contact Cherokee CPA today to ensure you don't miss out on what is rightfully yours.

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