The Kwong Decision: You May Be Owed a Refund on COVID-Era IRS Penalties

For many small business owners and families here in Midlothian and across Texas, the financial turbulence of the COVID-19 pandemic is still a fresh memory. If you found yourself paying IRS penalties or interest during that chaotic window, a recent legal development demands your attention.

The U.S. Court of Federal Claims recently issued a ruling in Kwong vs. United States that challenges how the IRS handled deadlines during the pandemic. For taxpayers who faced "failure-to-file" or "failure-to-pay" penalties, this decision could open the door to recovering those funds.

Understanding the Kwong vs. U.S. Ruling

At the heart of this case is Internal Revenue Code Section 7508A(d). The court determined that the 2019 version of this code mandates an automatic extension of tax deadlines during a federally declared disaster. While the IRS argued these extensions were limited, the court ruled that the extension effectively spanned the duration of the pandemic declaration—from January 20, 2020, to July 10, 2023.

Why this matters to you: The court effectively moved the legal tax payment deadlines to July 10, 2023. Consequently, penalties and interest assessed by the IRS between early 2020 and mid-2023 may have been imposed in error.

Steps to Preserve Your Refund Rights

As a CPA firm specializing in IRS Tax Problems and a member of the American Society of Tax Problem Solvers, we are closely monitoring this situation. The government will likely appeal the decision, but you cannot afford to wait for the final gavel to drop. You must act to prevent the statute of limitations from expiring on your potential refund.

1. Analyze Your Transcripts

First, we need to identify if you were penalized during the relevant window (Jan 20, 2020 – July 10, 2023). You can access your records for free using the Get Transcript tool on IRS.gov. We recommend downloading your Account Transcript specifically. If navigating IRS systems feels daunting, our office can pull these records for you to ensure accuracy.

2. File a Protective Claim (Form 843)

Because the IRS may appeal the Kwong ruling, the most strategic move is filing a "protective claim." Think of this as holding your place in line. By filing Form 843 (Claim for Refund and Request for Abatement), you preserve your right to a refund while the courts finalize the legal battle.

3. The Timeline is Critical

Per the ruling, claims related to this decision must be filed within three years of the July 11, 2023 deadline. This sets a hard expiration date of July 10, 2026. While that sounds far off, gathering records and preparing accurate claims takes time.

Future Relief on the Horizon

Separately, the IRS has indicated plans to automate First-Time Abatement (FTA) relief starting in 2026 for eligible taxpayers with clean compliance history. While this is a positive shift, it is not a substitute for the specific relief offered by the Kwong case regarding pandemic-era penalties.

How Thomas Hawbaker CPA PLLC Can Help

Dealing with the IRS requires precision. With over 38 years of experience in tax preparation and problem resolution, our firm can help you determine if you are eligible for this relief. We can review your transcripts, prepare the protective claim, and ensure you don't leave money on the table due to a technicality.

If you paid significant penalties during the pandemic, contact us today to review your options before the window closes.

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