Can I request tax refunds from 2004 and 2005 if I didn't file?

Question

I didn't file because I knew I made significantly less than the required minimum (like $1000 at the most) but I now realize that I did pay a lot of federal income tax. Is it too late to get that back if I didn't file?

Answer 1

It's not too late for those years. The deadline for refunds from 2003 runs out 4/15/07. File as soon as possible, and you'll still get your refund, and there won't be a penalty for late filing.

Answer 2

IRC § 6511. Limitations on credit or refund .

(a) Period of limitation on filing claim. Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid.

Since you have not filed a return, it appears the 3 year period has not begun.


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Any tax advice included in this written or electronic communication was not intended or written to be used, and it cannot be used by the taxpayer, for the purpose of avoiding any penalties that may be imposed on the taxpayer by any governmental taxing authority or agency.

Answer 3

Probably. As long as your overpayments aren't related to items that must be declared on a timely filed return (Section 179 expensing of assets used in business is a prime example), then you may file up to three years after the return was due or two years after the taxes were paid.

Answer 4

confident, I actual have had my tax refund cheque sent to my mailing handle in year 2006 for the extra desirable tax paid in year 2005. It replaced into basically a pair thousands although. i'm nonetheless waiting for the only paid in extra for year 2006.

Answer 5

No its not too late to file. In fact, you will also get interest income earned on the tax refunds over the past couple of years.

You will not be able to e-file, however. You would have to mail in your tax returns.

http://www.irs.gov/formspubs/article/0,,id=141439,00.html
http://www.irs.gov/formspubs/article/0,,id=158421,00.html

Answer 6

You can go back as far as 3 years.

Answer 7

The limit is three years.