@doctorsmile wrote:
Is 3 years based on the postmark date? IRS claims receipt date as my filing date and holding my refund. Apparently there's precedent it's the postmark date
I'm a fellow user, not a tax expert. You may get comments from others in this forum. The IRS normally goes by the postmark date for a mailed return. I can give you some references. Did you get an IRS letter? I'll also tell you how to speak to the IRS, and if needed, the IRS Taxpayer Advocate Service. The first paragraph below tells how the IRS determines the filing date.
Tax Topic 301: When to File
Your return is considered filed on time if the envelope is properly addressed, has enough postage, is postmarked, and is deposited in the mail by the due date. If you file electronically, the date and time in your time zone when your return is transmitted controls whether your return is filed timely. You will later receive an electronic acknowledgement that the IRS has accepted your electronically filed return.
Source: https://www.irs.gov/taxtopics/tc301
There's no penalty for failure to file if you're due a refund. However, you risk losing a refund altogether if you file a return or otherwise claim a refund after the statute of limitations has expired. An original return claiming a refund must be filed within 3 years of its due date for a refund to be allowed in most instances. After the expiration of the three-year period, the refund statute prevents the issuance of a refund check and the application of any credits, including overpayments of estimated or withholding taxes, to other tax years that are underpaid. However, the statute of limitations for the IRS to assess and collect any outstanding balances doesn't start until a return has been filed. In other words, there's no statute of limitations for assessing and collecting the tax if no return has been filed.
Source: https://www.irs.gov/taxtopics/tc153
2016 unclaimed refunds – deadline extended to July 15
For 2016 tax returns, the normal April 15 deadline to claim a refund has also been extended to July 15, 2020. The law provides a three-year window of opportunity to claim a refund. If taxpayers do not file a return within three years, the money becomes property of the U.S. Treasury. The law requires taxpayers to properly address, mail and ensure the tax return is postmarked by the July 15, 2020, date.
Source: https://www.irs.gov/newsroom/irs-extends-more-tax-deadlines-to-cover-individuals-trusts-estates-corp...
If you received an IRS letter, there may be a phone number to use in the letter, and the letter may explain any Appeals process. Otherwise, here's the general method to speak to a live IRS agent:
IRS: 800-829-1040 (7AM-7 PM local time) Monday-Friday
When calling the IRS do not choose the first choice re: "Refund", or it will send you to an automated phone line.
- First choose your language. Then listen to each menu before making the selection.
- Then 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 may then ask for your SSN, but do not enter it. Just wait. If it asks for SSN a second time, still do not enter it.
- Then it will get "tired", and you'll get another menu. Choose 2 for "personal".
- Then in the next menu choose 4 for "all other inquiries", and it should transfer you to an agent but expect a long wait.
- I usually use a speakerphone so I can work on something else while waiting.
If you continue to have no luck reaching 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. 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. If the Taxpayer Advocate can't/won't help you, ask them to transfer you to an an IRS agent. A couple of users reported that at least for them, that was a backdoor route to the IRS.
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
