Overview
- The Kwong v. United States ruling read a disaster law to extend federal tax filing and payment deadlines from January 20, 2020, through July 10, 2023, which could undercut penalties and interest charged in that span.
- National Taxpayer Advocate Erin M. Collins says millions may qualify and urges people to file a protective claim on IRS Form 843 by July 10, 2026 to keep their right to a refund.
- Form 843 cannot be filed online, so taxpayers must mail paper claims and are advised to use certified mail because the IRS does not send a receipt.
- The IRS disputes the ruling and the Justice Department is preparing an appeal after a final judgment is entered, so any relief could take years and is not guaranteed.
- Potential impact is broad and costly, touching individuals and businesses across many tax types, and the stakes are high given over $12 billion in 2022 penalties and only $1.2 billion refunded under narrower relief, with recent cases and a 2025 law supporting the wider reading.