From: Richmond, VA
Dear TaxMama,
Is there anyway to file for and get tax refunds for years that are past the "3
year refund limit" that IRS says I've missed?
Barry
Dear Barry
Nah, it's never too late to ask.
But...getting it is another matter.
You can file a claim for refund, asking IRS to waive the 3 year statute
for cause, if you didn't file because:
- You were ill all that time and just recovered. (Note: illness includes
addictions, like drugs and alcohol.)
- You were incapacitated somehow and unable to file or function.
- You died, and your heirs are just now finding out that returns weren't
filed. (Not a great option for you.)
- Someone very close to you was ill and you had to spend all your time
caring for them, to the neglect of your own affairs.
- All your records were lost or destroyed in some major casualty (fire,
theft, earthquake, tornado...) and you've been diligently working to reconstruct
them all this time. (Note: if your income was primarily via W-2 and dividends
or interest, and your expenses consisted primarily a mortgage and property
taxes, there's no excuse. You can get those documents in no time. OK, a
couple of months...but that's a lot less than three years.)
You're getting the general idea.
(Those are not the official reasons that IRS accepts. They're just kind
of a distillation of the reasons.)
Looking at this from an IRS perspective, if you were able to work, get your
wages, run your business, or earn a living and show other signs of high-functioning,
you don't have an acceptable argument.
IRS will simply say, you were able to do your job, you could have filed
a tax return.
Now, that doesn't mean I wouldn't send IRS a letter begging them to help
me find a way to get the money back. If you can write a great letter, play
on the reader's sympathy and/or sense of humor, you just might get someone
to help you. Probably not...unless you fall under the general guidelines above.
Good luck!
Best wishes,
Eva Rosenberg, MBA, EA
