Q: I filed 2009 taxes before the 3 year period. There was an error and I amended it & sent it in after the 3 year. They sai
said I won't get my refund because the amended part came in after the 3 year. Can they do that?
A:
Generally, the IRS only allows a 3-year period from the return due date to file a claim for refund. This also applies to a refund that would be produced from an amended return. Normally, you need to file an amended return within 3 years from the date that the original return was filed. However, if you paid the tax at a later date you can file an amended return within the 2-year period from the date the tax was paid.
However, if you believe that you have a reasonable cause for not filing your amended return timely, I would encourage you to explore a possible Claim for Refund (Form 843) with the IRS. In addition, if you received an official IRS letter denying your claim for a refund, you may be able to appeal that decision. I would encourage you to speak with a tax professional to explore all of your options.
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