Refund Claim Request
In general, taxpayers have three years from date the return is filed or two years from the date the tax on the return is paid (whichever is later) to file a refund claim.
If, however, a taxpayer extends the statute of limitations on assessment (for example, via bankruptcy or by agreement), the statute of limitations for refund of tax overpaid with the return is also extended for the period of the extension plus an additional 6 months.
There are many reasons why a taxpayer may wish to file a refund claim:
- For example, when the taxpayer has been assessed the Trust Fund Recovery Penalty the only way to appeal the finding is to pay a portion of the tax and request a refund of the taxes paid. The IRS will determine whether to refund your payment and may also relieve you of the remainder of the Trust Fund Recovery Penalty assessment.
- For example, the taxpayer has undergone an audit but decided not to pursue an appeal to the United States Tax Court within the ninety day deadline imposed under the law. In this case, the taxpayer will only be able to challenge the audit findings by paying the tax and requesting a refund.
Our tax attorney can assist you in the determination of whether to pursue a Refund Claim and the proper amount of the Refund Claim.