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Did You Pay IRS Penalties During COVID? The Kwong Ruling Could Mean a Refund

If you were writing checks to the IRS for penalties and interest while simultaneously navigating lockdowns and business pivots between 2020 and 2023, you need to pay close attention to a recent legal development. A landmark ruling in the U.S. Court of Federal Claims, Kwong vs. United States, challenges the IRS's authority to impose certain deadlines during that period.

For our clients here in Rocklin and across California, this decision has massive potential implications. It suggests that many "failure-to-file" and "failure-to-pay" penalties assessed during the COVID-19 pandemic were legally invalid. Here is the breakdown of what happened, what it means for your wallet, and why filing a protective claim is the smart move right now.

The Core of the Kwong Decision

In the world of tax law, dates matter. In Kwong vs. U.S., the court analyzed Internal Revenue Code Section 7508A(d). The ruling determined that during a federally declared disaster—like the COVID-19 pandemic—tax deadline extensions are mandatory and automatic for the duration of the disaster.

While the IRS argued these extensions could be limited to one year, the court disagreed. They ruled the extension applied from the disaster's start on January 20, 2020, through its end on July 10, 2023. Effectively, the court said the legal tax deadline moved to July 10, 2023. If the IRS charged you late penalties before that date, they may have done so in error.

California Landscape representing Golden State Tax region

Steps to Take: Protecting Your Refund Rights

As a firm that focuses on proactive planning rather than reactive scrambling, we strongly advise looking into this immediately. The IRS is likely to appeal this decision, but you cannot afford to wait for the final gavel. You need to lock in your rights now.

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.
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1. Review Your Transcripts

First, we need to see if you were actually charged penalties or interest for deadlines falling between January 20, 2020, and July 10, 2023. The most reliable way to do this is by checking your Account Transcript.

You can pull these for free using the Get Transcript tool on IRS.gov. You can also request them by mail (Form 4506-T) or by calling 800-908-9946, though online is significantly faster. If deciphering IRS transcripts feels like reading a foreign language, contact our office; we do this daily.

2. File a Protective Refund Claim

Because the government will likely fight the Kwong ruling, you must file a "protective claim" using Form 843 (Claim for Refund and Request for Abatement). Think of this as a placeholder. It stops the statute of limitations clock from running out while the legal appeals play out in court. If the ruling stands, your place in line for a refund is secured.

3. The Clock is Ticking

Per the ruling, the statute of limitations for these specific claims relates to the recognized deadline of July 11, 2023. This means you generally have until July 10, 2026, to submit your claims.

The Bottom Line

There is also news on the horizon regarding First-Time Abatement (FTA) becoming automatic for eligible taxpayers starting in 2026, but relying on future automation isn't a strategy. The Kwong decision provides a specific, legal argument for abatement right now.

At Golden State Tax & Business Services, our mission is to help you stay compliant while reducing tax friction. If you paid substantial penalties during the pandemic, do not assume they were correct. Schedule a consultation with us today so we can review your history and file the necessary protective claims to safeguard your potential refund.

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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