Tax Advisor Blog
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Did the IRS Overcharge You? How to Claim COVID-Era Penalty Refunds

The pandemic disrupted everything—supply chains, cash flow, and certainly the operations of the IRS. For many small business owners and high-income professionals, navigating tax compliance between 2020 and 2023 felt like hitting a moving target. Deadlines shifted, and millions of taxpayers were hit with late filing fees, late payment penalties, and mounting interest.

But a recent federal court case is reopening a door many assumed was welded shut. The question on the table: Did the IRS improperly assess certain penalties and interest during the COVID era? If the answer is yes, taxpayers could be in line to get that money back.

The Legal Pivot on Disaster Relief

This development hinges on a provision in the tax code that automatically postpones specific tax deadlines during federally declared disasters. Because the federal COVID disaster declaration remained active from January 2020 through May 2023, the court concluded that many filing and payment deadlines were legally extended far beyond what the IRS initially enforced.

The practical result? Many of the penalties for late filing or payment—and the substantial interest charges attached to them—might not have been legally valid. Taxpayers who paid these amounts could potentially qualify for a refund.

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The Clock is Ticking: July 10, 2026

The federal government is expected to challenge this ruling through the appeals process, meaning a final resolution could take time. However, waiting for the legal dust to settle is a risky strategy.

For most individuals and businesses, the deadline to preserve refund rights is July 10, 2026, driven by the statute of limitations for filing claims. If you miss this window while the courts deliberate, you forfeit your right to the funds permanently, even if the final ruling favors taxpayers.

Enter the Protective Refund Claim

To avoid being timed out, tax professionals are advising affected clients to file a protective refund claim. Think of it as holding your place in line. It does not guarantee an immediate check from the Treasury, but it legally preserves your right to recover those funds once the litigation concludes.

If this made you think, “I should probably ask someone,” that’s us.
A quick conversation can clarify whether this actually applies to you—and whether there’s an opportunity you shouldn’t ignore. General guidance is helpful, but smart decisions come from advice tailored to your numbers. Whether now or later, we’re happy to help you plan ahead.
GET IN TOUCH WITH US

Who Should Be Paying Attention?

This relief could apply across multiple tax years and entity types. You may be affected if you fall into any of these categories:

  • Small business owners or S-corporations assessed late payment penalties during the pandemic years.
  • Individuals who filed late returns between 2020 and 2023.
  • Taxpayers who entered installment agreements after penalties had already accrued.
  • High-earning professionals who absorbed significant IRS interest charges during the federal disaster period.
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The Irony of Paper Processing

At Golden State Tax & Business Services, we pride ourselves on utilizing secure, tech-forward workflows. So it is with a sense of professional irony we report that current IRS guidance requires these protective refund claims to be submitted on paper. Mailing formal, physical documentation to the IRS is currently the required method to safeguard your rights—a stark reminder of the complexities of real-world tax administration.

Protect Your Bottom Line with Golden State Tax & Business Services

Tax law becomes messy when emergency measures collide with everyday enforcement. If you or your business paid penalties or interest tied to filing delays during the COVID years, do not automatically write it off as a sunk cost.

Based in Rocklin, California, our team at Golden State Tax & Business Services is here to help you navigate this. Led by Ryan Shull, we specialize in helping S-corporations, LLCs, and professionals reduce tax friction and stay compliant. Contact our office today to review your penalty history and determine if filing a protective refund claim is the right strategic move for your financial future.

If this made you think, “I should probably ask someone,” that’s us.
A quick conversation can clarify whether this actually applies to you—and whether there’s an opportunity you shouldn’t ignore. General guidance is helpful, but smart decisions come from advice tailored to your numbers. Whether now or later, we’re happy to help you plan ahead.
GET IN TOUCH WITH US
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