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

[HelenC12]

The IRS may have kept your 2019 refund due to a refund offset. Through the Treasury Offset Program (TOP),  the Bureau of the Fiscal Service (BFS) may reduce your refund (overpayment) and offset it to pay:

• Past-due child support;
• Federal agency non-tax debts;
• State income tax obligations; or
• Certain unemployment compensation debts owed to a state (Generally, these are debts for (1) compensation paid due to fraud, or (2) contributions owing to a state fund that were not paid).

You should have received an explanatory letter from the BFS if your refund is offset. 

More info about refund offsets, including contact info and the appeals process, is available in IRS Tax Topic 203. 

[dfg5133]

If your taxpayer advocate is not following up with you within 3 days call the IRS taxpayer referral line number and make sure you know your advocates name and identification # and advise you are wanting to get a new advocate and report your current one for not following up. I guarantee the advocate will either call you back within that hour or have another advocate contact you. I’ve made sure to stay on top of that with the communication and letting IRS advocate referral know when I was not receiving communication. A week ago I received a letter in the mail stating I would receive my 2019 refund check within 2-3 weeks as well as a possible interest check for the delay. 

[dfg5133]

I also received a notice from the IRS that being that they were not able to provide me an economic impact payment before December 31, 2020 that I would need to claim as a recovery credit when I file for my 2020 refund. I also want to note that I’ve been receiving all future dated notices from the IRS, is that legal? For example, on January 11th I received a notice dated for January 18th

[AmyC]

The IRS understands that mail varies in time to deliver. Therefore, the IRS postdates mail with the date by which you should receive the letter. Therefore, when they give a 30 day notice, you get the entire 30 days and maybe a little extra.

You can legally put any date you want on a letter. The postmark itself must be the date mailed.

@dfg5133

[Tweetuums]

There is absolutely no point in waiting on hold for an hour with them. All they tell you is the status. The agent I was sent to had evidently taken a course on mental abuse. She said "that's not true" 25 times over and over to drown me out when I said I had filed a 2019 return. She claims I used the no-filers tool and I was trying to tell her I didn't. Then, she stated "I'm going to be praying for you." After trying to gaslight me, she stated both that I used the no-filers tool and filed a return. Okay, if I used the no-filers tool why didn't I receive a stimulus? So now, they haven't processed my 2019 or 2020 returns, refuse to give me a reason and refuse to tell me anything except "it's still being processed." And, another stimulus will come soon that I won't receive because they refuse to process my 2019 and 2020 returns. The IRS is broken beyond belief, and our senators could care less to do anything to give us legal redress when the IRS can't be bothered to process our returns. This all started because my husband filed married filing separately which made me ineligible to use the no-filers tool. Only married filling jointly and single were allowed to use the tool.

[mesquitebean]

---

@Tweetuums wrote:

So now, they haven't processed my 2019 or 2020 returns, refuse to give me a reason and refuse to tell me anything except "it's still being processed." And, another stimulus will come soon that I won't receive because they refuse to process my 2019 and 2020 returns.

---

Since you weren't able to find out helpful info from the IRS, you can try contacting the IRS Taxpayer Advocate Service for your area.    They are especially prone to help if you have an economic hardship, or if there have been continued delays with lack of info from the IRS.    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 IRS Taxpayer Advocate Service works::
http://www.irs.gov/taxtopics/tc104.html

[CRuckoldt]

Well, don't bother calling. The instructions from xmasbaby0 don't work. You go through all the frustration and nobody answers. It says the services for your specific inquiry aren't available, then it disconnects. Talk about frustrating to the max! Not helpful at all. 

[DoninGA]

---

@CRuckoldt wrote:

Well, don't bother calling. The instructions from xmasbaby0 don't work. You go through all the frustration and nobody answers. It says the services for your specific inquiry aren't available, then it disconnects. Talk about frustrating to the max! Not helpful at all. 

---

The IRS phone tree has changed since the two years ago when the answer was correct.

Call the IRS: 1-800-829-1040 hours 7 AM - 7 PM local time Monday-Friday
When calling the IRS do NOT choose the first option re: "Refund", or it will send you to an automated phone line.
So after first choosing your language, then do NOT choose Option 1 (refund info). Choose option 2 for "personal income tax" instead.
Then press 1 for "form, tax history, or payment".
Then press 3 "for all other questions."
Then press 2 "for all other questions."
- When it asks you to enter your SSN or EIN to access your account information, don't enter anything.
- After it asks twice, you will get another menu.

Press 2 for personal or individual tax questions.
Then press 4 for all other inquiries
It should then transfer you to an agent.
Or you can contact your local IRS office. See this IRS website for local IRS offices - http://www.irs.gov/uac/Contact-Your-Local-IRS-Office-1 or call 1-844-545-5640 to set up an appointment

[astevens1972]

Mine was accepted around Feb 13,2021 and is "still processing". I tried to call the IRS several different times throughout the day (starting at 7am) using the method mentioned for the prompts and all I get is "Due to high call volume for the topic you selected, we are unable to take your call at this time. Please try again later or the next business day".  I'm so super frustrated!!!

[sleazyone666]

A long timw i have already waited a year and when i contact the irs its wait 60 days that has been going on for a year

[mesquitebean]

---

@sleazyone666 wrote:

A long timw i have already waited a year and when i contact the irs its wait 60 days that has been going on for a year

---

You can try contacting the IRS Taxpayer Advocate Service for your area.    They are especially prone to help if you have an economic hardship, or if there have been continued delays with lack of info from the IRS.    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 IRS Taxpayer Advocate Service works::
http://www.irs.gov/taxtopics/tc104.html

[Ajenkins92]

Though i was the only one still waiting on my 2019 return same problem.

[sleazyone666]

I have been waiting a year and keep getying told wait 60 days when i call the irs i dont think they should be allowed to hold it that long i got a tax advocate the irs said wait another 60 days from january 26th so i will contact my advocate and see if they can tell me how much longer

[Mike2596]

It is the 42 days February self with my taxes were accepted by the IRS I'm still waiting on a 1390 refund I'm still waiting on the 1400 Steelers and the city put on the recover rebate I've already talked to dirt with Jackson services to my thing there are no reasons why I shouldn't be getting it I've always lived in the IRS everything's been processed but it hasn't got my payment I set up direct deposit the history beginning I should have been got my refund and everytime I call you people IRS star's a 3D write me. Me. Me bull**bleep**ing me I need a supervisor kids to take care of we lost our home and say that I need my tax refund it's already been running around in circles I need someone to call me now as soon as possible at [phone number removed] I pay for the max I'm getting no kind of help

[sleazyone666]

I have waited a year for my refund I call the irs and get told wait 60 days that has been going on for a few months try getting a tax advocate maybe they can help i hot one but they are working remotely so that is a bit of an issue because they contact the irs on your behalf but trying to get them on the phone is a hit and miss but they might be able to get your faster depending where you live