If the IRS owes you a refund what is the time limit for filing to get the refund?

Answer 1

I'm answering this question; since, I asked it and want to know. I called the IRS, at 1 (800) 829-1040 [what a coincidence, ten-forty]. Eventually I got a real live person, and she connected me to another real person in the Filing Area (both were extremely pleasant and helpful). She was kind enough to give me the publication number 17, Chapter 1, and page 18. Which I was able to download from the IRS website http://www.irs.gov/formspubs/index.html. Anyway, I took her word for it, that it was 3 years (with exceptions) form the filing deadline. But I also found out, that the NYS Tax has the same time limitation, 3 years, that was according to a young lady at the NYS Tax line at 1 (800) 443-3200. A claim for refund or credit for an overpayment must be filed within either of two periods: three years after the return to which the overpayment relates was filed or two years after the tax was paid, whichever period expires later. If the taxpayer does not file a return, any claim must be filed within two years after the time the tax was paid. If the taxpayer and the IRS agree to extend the time for assessment, the period for filing a refund claim is extended for the same period.

A return for purposes of computing the filing period for refunds and credits is the return required to be filed by the taxpayer. Returns of any person from whom the taxpayer received an item of income, gain, loss, deduction or credit do not determine whether a refund claim is timely. This provision applies to tax years starting after August 5, 1997. Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, and Form 2688, Application for Additional Extension of Time To File U.S. Individual Income Tax Return, are not considered tax returns for this purpose.

The two- and three-year periods for filing a claim do not run during any period in which the individual is financially disabled. An individual is financially disabled when the individual is unable to manage his financial affairs because of a medically determinable physical or mental impairment that is expected to result in death or last for a period of at least 12 months. The physical or mental impairment must be that of the taxpayer, not of some third person The IRS may require proof of the impairment in a form and manner determined by the IRS. An individual is not financially disabled during any period that the individual's spouse or any other person is authorized to act on behalf of the individual in financial matters. These rules generally apply to all periods of disability but do not apply to any claim for credit or refund that is legally barred as of July 22, 1998. A legally barred claim includes one that is barred by res judicata. The determination of whether a claim is barred is made without regard to the tolling provision for financial disabilities.