Does the IRS Owe You A Refund?
Episode 85: In this episode, Timalyn shares how tens of millions of taxpayers may be due a refund from the IRS. Unfortunately, the refund won’t be automatic, and there is a clock ticking. That is why Timalyn is discussing it in today’s episode.
What happened?
During the COVID-19 pandemic era, the IRS continued to assess taxpayers' accounts with penalties and interest. Well, the commissioner and the United States have found them to be wrong in doing so. That is the short version of Abdo v. Commissioner, 162 T.C. (2024), and Kwong vs. United States, 179 Fed Cl. 382 (Nov. 2025) [https://www.govinfo.gov/content/pkg/USCOURTS-cofc-1_23-cv-00267/pdf/USCOURTS-cofc-1_23-cv-00267-0.pdf]
The courts ruled that the COVID-19 pandemic era was a disaster period, from January 20th, 2020, to July 10th, 2023. This means that under §7508A(d) the IRS was not to impose penalties and interest. The IRS National Taxpayer Advocate stated that “tens of millions of taxpayers may be entitled to refunds or abatements of penalties and interest that the IRS assessed during the nearly 3.5-year COVID-19 federal disaster period. [https://www.taxpayeradvocate.irs.gov/news/nta-blog/tens-of-millions-of-taxpayers-may-be-eligible-for-significant-tax-refunds/2026/04/]”
Who could this affect?
The IRS may owe refunds to individual taxpayers, small businesses, trusts, estates, and corporations. This could also affect taxpayers who filed their international information returns late.
What should you do?
Timalyn believes the IRS will appeal the ruling in Kwong. Meaning refunds could be held up for months or even years. However, to protect their right to claim the refund, taxpayers must file protective claims with Form 843. These must be filed by July 10th, 2026.
How do I know if I am eligible?
If you were assessed certain penalties from 2020 to the beginning of 2023, Timalyn says that you’re eligible. The easiest way to confirm this is on your tax account transcript. You can locate this by logging into your IRS.gov [http://irs.gov] account. Timalyn wrote an article that walks you through the process that you can check out here - https://www.americasfavoriteea.com/post/how-to-get-irs-transcript-online-3-steps [https://www.americasfavoriteea.com/post/how-to-get-irs-transcript-online-3-steps]. You will look to see if penalties and interest were assessed. If they were, then you should consider filing a protective claim.
If you already feel overwhelmed, remember, you do have the right to representation.
A tax professional with Form 2848, Power of Attorney, and Declaration of Representative [https://youtu.be/9iUT-En8cAg?si=x3Ilk45eOcguWzMJ] on file with the IRS can do this for you. Only an Enrolled Agent, such as Timalyn, Certified Public Accountant, or Tax Attorney, can have a Form 2848 and be your tax power of attorney.
Timalyn also shares a company that she has taken a look at, Penalty Back. They are assisting taxpayers with seeing if they are eligible and filing the protective claim on their behalf. ***Timalyn will receive a commission if the company is successful and gets your penalty abated. You can check them out here - https://penaltyback.com/r/americasfavoriteea [https://penaltyback.com/r/americasfavoriteea]
Need Tax Help Now?
If you need answers to your tax debt questions, book a consultation with Timalyn via her Bowens Tax Solutions website. Click this link [https://bookingbowens.as.me/schedule.php] to book a call.
Please consider sharing this episode with your friends and family. This information might be helpful to someone who really needs it.
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Remember, Timalyn Bowens is America’s Favorite EA [http://www.americasfavoriteea.com], and she’s here to fill the tax literacy gap, one taxpayer at a time. Thanks for listening to today’s episode.
For more information about tax relief options or filing your taxes, visit https://www.Bowenstaxsolutions.com/ [http://www.bowenstaxsolutions.com].
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Disclaimer: This podcast is for informational and educational purposes only. It provides a framework and possible solutions for solving your tax problems, but it is not legally binding. Please consult your tax professional regarding your specific tax situation.