IRS COVID Penalty Refunds: Are You Owed Money?

The pandemic disrupted nearly every aspect of business operations, especially when it came to IRS processing and tax deadlines. Now, a recent federal court decision is revisiting a question many taxpayers assumed was firmly closed: Did the IRS improperly assess certain penalties and interest during the COVID-19 era?

For millions of businesses, non-profits, and professionals, the answer might be yes—and a substantial refund could be on the table.

Understanding the COVID-Era Penalty Ruling

The court’s ruling centers on tax code provisions that automatically postpone specific deadlines during federally declared disasters. Because the federal COVID-19 disaster declaration remained active from January 2020 through May 2023, the court determined that filing and payment deadlines during this massive window may have been legally postponed much longer than the IRS initially acknowledged.

If upheld, this means certain penalties for late filing, late payment, and the resulting interest charges assessed between 2020 and 2023 were never legally owed. Taxpayers who already paid these amounts could be entitled to recover them.

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Why You Cannot Wait for the Appeal

The federal government is expected to appeal this decision. However, waiting for the legal process to fully conclude could cost you your right to a refund. The deadline to preserve your rights is directly tied to the statute of limitations for filing claims, which for many will expire on July 10, 2026.

If you miss this filing deadline while the courts debate the issue, you permanently lose your ability to recover those funds, regardless of the final verdict. That is a risk no smart business owner should take.

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The Protective Refund Claim

To secure your place in line, tax advisors recommend filing a "protective refund claim." While this documentation does not guarantee a check today, it legally preserves your right to recover those funds if the courts ultimately rule in favor of taxpayers.

Unfortunately, the IRS currently requires these specific claims to be submitted on paper. Navigating this manual documentation process is exactly where having an experienced outsourced controller or advisory team becomes invaluable.

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Could Your Organization Benefit?

Potentially impacted groups include:

  • For-profit businesses and non-profits assessed late payment penalties.
  • Dual-income professionals who filed tax returns late during the pandemic.
  • Taxpayers who absorbed significant IRS interest charges between 2020 and 2023.
  • Entities that entered installment agreements after these specific penalties accrued.

Next Steps with Hays CPA LLC

At Hays CPA LLC, our philosophy is simple: We Go Beyond Accounting. Led by Orumé Hays, CPA, CGMA, MST, our team acts as an extension of your leadership, providing the financial clarity needed to grow with less stress. If your Staten Island business—or worldwide enterprise—paid IRS penalties connected to pandemic delays, we should carefully evaluate your exposure immediately.

Do not let the statute of limitations expire on money that rightfully belongs to your business. Reach out to our office today to determine if preparing a protective refund claim makes sense for your long-term financial strategy.

Schedule an Appointment Today!
Please note appointments have a $75 booking fee that will apply as a credit on your invoice, if you choose to proceed with our services.
Book Here!
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