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Did You Pay IRS Penalties During COVID? The Kwong Ruling Explained

For many of our clients—whether you are running a business in Scottsdale, managing finances in Denver, or keeping things moving in Albuquerque—the years between 2020 and 2023 were a blur of pivoting business models and managing cash flow. If you found yourself paying IRS penalties for late filing or late payments during that chaotic time, a new court decision suggests you might have paid bills you didn't actually owe.

We are looking closely at the recent Kwong vs. United States ruling. While legal battles with the IRS are rarely simple, this decision opens a specific door for taxpayers to potentially reclaim penalties and interest assessed during the COVID-19 pandemic.

Understanding the Opportunity: Kwong vs. United States

The core of this issue comes down to deadlines. In Kwong vs. U.S., the U.S. Court of Federal Claims ruled that the 2019 version of Internal Revenue Code Section 7508A(d) created a mandatory, automatic extension of tax deadlines during a federally declared disaster.

The IRS argued that these extensions were capped at one year. However, the court rejected that stance, ruling that for the COVID-19 pandemic, the extension period effectively spanned from January 20, 2020, to July 10, 2023.

Padlock on a stack of money representing a protective claim

What This Means for Your Wallet

If the court's decision holds, legal tax deadlines were effectively pushed to July 10, 2023. This implies that any "failure-to-file" or "failure-to-pay" penalties the IRS charged you between 2020 and 2023 may have been imposed in error.

As your BackPocket CFO, we want to ensure you aren't leaving money on the table. If you paid penalties during this window, you may be eligible for a refund.

The "Protective Claim" Strategy

Before you start budgeting for that refund check, there is a catch: The IRS is expected to appeal this decision. The legal process could drag on for quite some time.

So, why act now?

You need to file what is known as a Protective Refund Claim. This acts as a placeholder. It tells the IRS, "I believe I am owed this money, and I am filing this claim now to stop the Statute of Limitations clock from running out while the courts finish their debate." If you wait until the appeal is settled, the deadline to file for your refund might have already passed.

Steps to Take Right Now

If you believe you were penalized unfairly during the pandemic years, here is your game plan:

  • Check Your History: We need to review your taxpayer account transcripts to identify any penalties or interest assessed for deadlines between Jan 20, 2020, and July 10, 2023. You can get these via the Get Transcript tool on IRS.gov. If navigating IRS transcripts feels like reading a foreign language, let John Koloch and the GeneralCents team handle it for you.
  • File Form 843: To preserve your rights, we generally recommend filing a Claim for Refund and Request for Abatement on Form 843. This is the formal protective claim discussed above.
  • Explore Abatement Options: Even if the Kwong ruling is overturned, we can look at other avenues, such as First-Time Abatement (FTA) if you have a clean compliance history.
Calculator and tax forms representing audit review

Important Deadlines

The ruling indicates that claims related to this decision must be filed within three years of the legally recognized deadline. This sets the expiration date for filing your claim at July 10, 2026.

While that seems far off, tax years blend together quickly. If the potential refund is substantial, getting your protective claim on file sooner rather than later is the prudent move.

Let's Review Your Account

You focus on running your business; let us focus on the changing tax laws. If you paid significant penalties during the pandemic, reach out to GeneralCents Accounting today. We will review your transcripts, determine if the Kwong ruling applies to your situation, and help you file the necessary protective claims to secure your potential refund.

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