IRS says STATUTE of Limitations prevents them from paying me a big tax refund for 2004. Do I have recourse?
I'm wondering if I could at least apply the amount to say this years taxes....
- BobbieLv 77 years agoFavorite Answer
No recourse is available to you at all about the REFUND amounts that you did fail to file for and claim each of those past tax years. Gone now and lost for ever.
Hope that you find the above enclosed information useful. 09/22/2013
- ninasgrammaLv 77 years ago
The statute of limitation to issue a refund for a 2005 return is the later of:
1. Three years after the due date of the return, or 4/15/2008, or
2. Two years after you paid tax on this return, for only amounts paid in the prior two years.
So your only hope of recovering anything would be to have paid taxes on this return in the past two years. If you believe you are due money under these circumstances, you can file an amendment for the refund of amounts up to payments made in the last two years.
If you also have issues with the state, some states have different statutes of limitation will allow you to carry forward refunds even though no refund is issued to you.
- NALv 77 years ago
To get a refund, you would have to show:
1. That you were in a coma for the past 8 years (actually 5+ years)
2. Or that you were in a combat zone for the past 8 years (actually 4.5+ years)
3. Or that you were claiming a refund from something on the return that has a longer statute (bad debt for example).
Simply failing to file doesn't do you any good.
- SlickterpLv 77 years ago
Nope. Any refund over 3 years old is forfeit in all shapes and forms, there is no possible way to get it back. You cannot claim a refund for any tax year prior to 2010 at this point.
- How do you think about the answers? You can sign in to vote the answer.
- StephenWeinsteinLv 77 years ago
The IRS is correct. You have no recourse. It is against the law for them to pay you. It is against the law for you to apply the amount to any year's taxes. It is against the law for them to let you apply it to this year or any other year.
If you do find an IRS employee willing to use IRS money to pay the refund, then you will have to return the money, plus interest, to the IRS, and the IRS employee will have to go to prison for stealing the money from the IRS to give it to you.
- 7 years ago
According to this appeal: http://caselaw.findlaw.com/us-2nd-circuit/1297122.... the IRS is on the wrong side. At least one person got some refunds from late filings...
- chatsplasLv 77 years ago
You blew it by NOT doing what you needed to do when it was required to be done
Tax returns are required to be timely filed
Filing can be required even when you cannot receive a refund due to your procrastinationSource(s): Tax pro
- A HunchLv 77 years ago
You forfeit the money after 3 tax years. No way around it.
- troLv 77 years ago
no, your refund availability expired 4/15/09, your money was turned over to the General Fund from which you cannot recover it, on 4/16/09
- 7 years ago
None. Three years back is all that is allowed. If the IRS suspects fraudulent returns then they can ask for those.