Filed February 11, still in processing. How long can IRS legally hold refund?

[llv102010]

How do we know where in the process we are

[bwa]

There is no statutory limit.  However, after 45 days from the filing deadline they must pay interest on the refund, and after six months you can sue them in the Court of Claims.

[Kgagnon8]

6 months after the deadline or 6 months after filing? And where can I find out this information? 

[xmasbaby0]

@Kgagnon8 This is a very old post that migrated over from the Answer Xchange with a 2019 date.  Check to see if your return was accepted:

When you e-file your federal return you will receive two emails from TurboTax.  The first one will say that your return was submitted.  The second email will tell you if your federal return was accepted or rejected.  If you e-filed a state return, there will be a third email to tell you if the state accepted or rejected your state return.

First, check your e-file status to see if your return was accepted:

https://turbotax.intuit.com/tax-tools/efile-status-lookup/

If the IRS accepted it, what does it say here? 

https://www.irs.gov/refunds           Or does your account say “Ready to Mail?”

[Kgagnon8]

It has been accepted since early February. I got letters in the mail saying that they were holding it and there was no action required on my part. 

[xmasbaby0]

@Kgagnon8 

At this point, it has been a really long time.  Try contacting a Tax Advocate for help. https://www.irs.gov/advocate

or

To call the IRS:IRS:  800-829-1040  hours 7 AM - 7 PM local time Mon-Fri

Listen to each menu before making the selection.

First choose your language. Press 1 for English.

Then do NOT choose the first choice re: "Refund", or it will send you to an automated phone line.

Instead, press 2 for "personal income tax".

Then press 1 for "form, tax history, or payment".  

Then press 3 "for all other questions."

Then press 2 "for all other questions."  It should then transfer you to an agent.

[julie012717]

December 18 2019 I recieved another letter informing me that the IRS nedded another 60 days to process my 2018 return.  It will be over a year since I filed my taxes on February 2 2019 before I can even speak to the IRS about last years return.  What is going on?

[mesquitebean]

@ julie012717 

No one in a user community forum can know what all the IRS is doing with your 2018 return.   Have you tried to talk to them using the steps provided above or by a phone number in your IRS letter?

Have you talked to the IRS Taxpayer Advocate Service for assistance?  If so, you didn't mention it.  

At the following IRS website, find the USA map and click on your state, and it will give you the number of your IRS Taxpayer Advocate.

http://www.irs.gov/uac/Contact-a-Local-Taxpayer-Advocate

Also see this article for more info on how the Taxpayer Advocate Service works::
http://www.irs.gov/taxtopics/tc104.html

If you don't get good assistance/results re: your 2018 return from the IRS and IRS Taxpayer Advocate Service, you could notify your Congressman's local district office to see if they can help you.

[Asilva]

I still have not received my either. The last letter I received from the IRS was at tge beginning of April to verify my identity. I did that passed, and have not heard a single thing from the IRS since. Everytime I have called was told nothing else was needed from me. Here it is February 15, 2020 and still havent received my refund that was filed and accepted on March 6, 2019.

[mesquitebean]

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@ Asilva wrote:

I still have not received my either. The last letter I received from the IRS was at tge beginning of April to verify my identity. I did that passed, and have not heard a single thing from the IRS since. Everytime I have called was told nothing else was needed from me. Here it is February 15, 2020 and still havent received my refund that was filed and accepted on March 6, 2019.

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See the answer right above your posting, which tells how to contact the IRS Taxpayer Advocate Service.   Hopefully, they can help you with your 2018 return.   If they can't produce results, then you may wish to contact your Congressman's local district office to see if they can help you,.

[Gloram]

Same thing happened to me and I’m still currently waiting in my 2018 tax return. When I went to file for my 2019 tax return I told them what   was happening and they gave me a number I could call. I live in Arizona and they gave me Senator number and I got help. 

[Daniella8602]

I filed Jan 2019...I have yet to get my return.  I submitted the last of the final documents they needed October 21,2019...got a letter they would respond by February 8,2020...nothing...got a letter last week that they have had a large volume of inquiries and they would complete my review by March 19,2020.  This was proving my EIC was legit..i had to prove my kids were my kids... MEANWHILE..my 2019 return has been fully processed and refund deposited in February.  WITH THE SAME KIDS!!!!  like wtf....how does this happen.  You approve them on my 2019 return but can't hit a button approving them for my 2018 return which is now MORE than a year old!!  SMH

[KennethS68]

I submitted my taxes in February. I got a letter stating they were holding my refund because I didn’t properly submit my 2017 taxes (which I did electronically through TurboTax). I printed the 2017 taxes and sent it to them. A couple of weeks later I got another letter saying the return I sent wasn’t signed by both tax payers, my wife and I. My wife passed away from cancer in 2018 so I can’t get her signature. I sent them a copy of the death certificate and signed it with only my name. A couple of weeks later the IRS sent me a letter saying the tax amount I paid was incorrect in 2017 and they had to recalculate it and they would deduct the difference from my 2019 refund. Then they closed all their offices because of the CoronaVirus and I haven’t heard anything from them in over a month.

[KennethS68]

But now because they have my 2019 tax return on hold, it has also held up my getting the stimulus check that they promised everyone with direct deposit would receive the week of April 17. So I can’t get my tax refund or my stimulus check.

[Asilva]

@KennethS68 I am so sorry to hear about your wife. After I verified my identity and passed the IRS said everything was good. I still haven't received my 2017 refund, called several times, they said everything looked great. I went to enter by banking info for the stimulus and the IRS rejected it because I didn't include some 6 digit code the prevent identity theft. A letter was supposed to have been sent to me in December, of course I never got any letter from them in December. I can't call to get the code, or request the send me another one. So I understand completely. The IRS is a **bleep** joke. No 2017 refund and no stimulus check for me either.