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Kwong vs. U.S.: Why You Could Receive a Refund on COVID-Era Tax Penalties

For many entrepreneurs and professionals here in Fort Lauderdale, the pandemic years were a blur of operational pivots and financial juggling. If you found yourself paying IRS penalties or interest during that chaotic period, a recent court decision might bring some welcome relief. At Thompson-Smith CPA, LLC, we are closely monitoring the Kwong vs. United States ruling, which challenges how the IRS handled deadlines during the national emergency.

Understanding the Kwong Decision

In this pivotal case, the U.S. Court of Federal Claims ruled that Internal Revenue Code Section 7508A(d) triggered a mandatory, automatic extension of tax deadlines during the COVID-19 disaster declaration. While the IRS argued these extensions were limited, the court determined the relief period actually spanned from January 20, 2020, to July 10, 2023.

Close up of tax refund form and calculator

This effectively moved many legal filing and payment deadlines to July 10, 2023. Consequently, "failure-to-file" or "failure-to-pay" penalties assessed against your business or personal accounts during that three-year window may have been applied in error.

Your Action Plan for Potential Recovery

Because the government is expected to appeal this decision, we are advising eligible clients to take specific steps to lock in their rights to a refund. Here is how we recommend proceeding:

  • Analyze Your Tax History: We need to review your account transcripts for any penalties or interest charged between January 2020 and July 2023. You can access these documents via the Get Transcript tool on IRS.gov. While you can request them by mail or phone, downloading them online is the fastest route to getting the data we need.
  • File a Protective Claim: To safeguard your potential refund while the IRS appeals process plays out, you should file a "protective" Claim for Refund and Request for Abatement (Form 843). Think of this as holding your place in line; it prevents the statute of limitations from expiring while the courts finalize the ruling.
  • Leverage Abatement Strategies: If you currently owe penalties from this period, the Kwong ruling serves as a strong basis for an abatement request. Additionally, starting in 2026, the IRS will begin applying First-Time Abatement (FTA) automatically for eligible taxpayers, offering another layer of relief.

Critical Deadlines

Time is a factor. Under this ruling, claims related to these specific penalties must be filed within three years of the deemed deadline. This sets the final cutoff for submitting your claim at July 10, 2026.

Next Steps for Florida Taxpayers

Navigating IRS appeals and protective claims requires precision. Led by Georgia Smith, our team is ready to review your transcripts and determine if filing a protective claim is the right move for your financial health. Don't leave potential refunds on the table—contact Thompson-Smith CPA, LLC today to review your options.

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