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COVID-Era IRS Penalties? You Might Be Owed a Refund

For many small business owners in North Carolina, the years between 2020 and 2023 were defined by survival. Managing cash flow was difficult enough without the added stress of IRS notices. If you paid federal tax penalties or interest during the COVID-19 pandemic, a significant court decision might now work in your favor.

The U.S. Court of Federal Claims recently issued a landmark ruling in Kwong vs. United States that challenges how the IRS handled deadlines during the disaster declaration. At Adkin CPA, our promise is to ensure you have the best legal tax position possible—and this ruling could open the door to recovering funds you thought were gone for good.

Understanding the Kwong vs. U.S. Decision

The core of this case revolves around the IRS's authority during federally declared disasters. The court determined that the 2019 version of Internal Revenue Code Section 7508A(d) created a mandatory, automatic extension of tax deadlines.

While the IRS argued these extensions were discretionary and limited in time, the court ruled that for the COVID-19 pandemic, the legal deadline for filing and paying was effectively moved to July 10, 2023. This covers the period starting from January 20, 2020.

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What This Means for Your Business

If the legal deadlines were effectively moved, then "failure-to-file" or "failure-to-pay" penalties assessed between 2020 and 2023 may have been incorrect. Essentially, the court suggests you cannot be penalized for missing a deadline that hadn't occurred yet.

This creates a significant opportunity for taxpayers to request refunds for those specific penalties and the associated interest.

Steps to Protect Your Rights

Because this is a developing legal situation, taking proactive steps is essential. We recommend a specific course of action to safeguard your potential refund eligibility.

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1. Review Your Account Transcripts

First, we need to verify exactly what was assessed. You need to identify any penalties or interest charged for deadlines falling between January 20, 2020, and July 10, 2023.

You can access these records via the Get Transcript tool on IRS.gov. You can also order by mail using Form 4506-T or call 800-908-9946, though the online option is significantly faster. If deciphering IRS transcript codes feels like reading a foreign language, our Chapel Hill team is here to help review these documents with you.

2. File a Protective Refund Claim

The government will likely appeal the Kwong decision. To ensure the statute of limitations doesn't expire while the lawyers battle it out in appeals court, you should file a "protective claim."

This involves submitting Form 843 (Claim for Refund and Request for Abatement). Think of this as holding your place in line. It acts as a placeholder, preventing your claim from expiring while the legal proceedings continue. If you don't file this, you risk timing out before a final decision is reached.

3. Watch the Calendar

The ruling establishes a specific window for these claims. To be eligible, claims related to this decision generally must be filed by July 10, 2026 (three years from the recognized deadline).

Looking Ahead

In addition to this ruling, the IRS is planning to automate First-Time Abatement (FTA) for eligible taxpayers starting in 2026. While that is a future benefit, the Kwong ruling requires action now.

As a firm that prides itself on building long-lasting relationships and preventing year-end surprises, we want to make sure you don't miss this window. If you suspect you paid penalties that are now contestable, please reach out to Adkin CPA. Let's review your history and file the necessary protective claims to keep your refund eligibility alive.

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We look forward to speaking with you.
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