The IRS May Owe You Money —
But You Must Act Before July 10, 2026

A federal court ruled that IRS penalties and interest charged during the COVID-19 emergency (January 2020 – July 2023) may have been unlawfully assessed. Individuals, businesses, and nonprofits who paid those penalties may qualify for a full refund or abatement — but the deadline is real and immovable.

See If You Qualify — Free Review

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⚠ Deadline to File Your Claim
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What the Court Decided

In Kwong v. United States (179 Fed. Cl. 382, November 2025), the U.S. Court of Federal Claims held that when a federal disaster is declared, the IRS was required — not merely permitted — to automatically postpone tax deadlines for the entire FEMA-declared disaster period.

The IRS did not consistently do this during the COVID-19 emergency (January 20, 2020 – July 10, 2023). As a result, failure-to-file penalties, failure-to-pay penalties, underpayment penalties, and accrued interest charged during that window may have been unlawfully assessed and are now eligible for full refund or abatement.

Important: The IRS has appealed the decision. Filing a protective claim now preserves your right to a refund regardless of how the appeal is decided — but only if you file before the July 10, 2026 deadline. After that date, the right to claim is permanently forfeited.

Do You Qualify? Check All That Apply

  • You are an individual, business, or nonprofit that filed or paid taxes during 2020–2023
  • You paid a failure-to-file penalty between January 20, 2020 and July 10, 2023
  • You paid a failure-to-pay penalty during the same window
  • You paid underpayment (estimated tax) penalties during that period
  • You paid accrued interest on IRS balances during 2020–2023
  • You received partial IRS relief but were not fully abated
💡 Not sure? If you received any IRS notice between 2020 and 2023 about penalties or interest, there’s a good chance you qualify. Our review is free — there’s no cost to find out.

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    Frequently Asked Questions

    What exactly is Kwong v. United States?
    Kwong v. United States (179 Fed. Cl. 382) is a November 2025 decision from the U.S. Court of Federal Claims. The court found that under IRC §7508A(d), the IRS was legally required to automatically extend all federal tax deadlines for the entire COVID-19 disaster period — January 20, 2020 through July 10, 2023. Because the IRS did not consistently apply this extension, penalties and interest assessed during that window may have been unlawfully charged and are now subject to refund or abatement.
    Do I still qualify if the IRS already gave me partial relief?
    Yes. Many taxpayers received limited relief under IRS Notice 2022-36 or other programs, but were not fully abated. If you received partial relief but still paid some penalties or interest during the covered period, you may be entitled to a refund for the remainder. Our review will assess your specific situation.
    What is the deadline, and why does it matter?
    July 10, 2026 is the statute of limitations deadline for most refund claims related to the COVID-19 penalty period. After this date, the right to file a claim is permanently forfeited under federal law — even if the IRS ultimately loses its appeal of the Kwong decision. Filing a protective claim before July 10 costs you nothing and preserves your rights.
    The IRS has appealed. Should I still file?
    Absolutely. Filing a protective claim now is the prudent step regardless of the appeal’s outcome. If the appeal is decided in taxpayers’ favor, your claim will already be on file. If you wait for the appeal to resolve, the July 10, 2026 deadline may have already passed, permanently eliminating your right to any refund.
    What does Cromwell CPA charge?
    The initial eligibility review is completely free. If we determine you have a viable claim and you choose to engage us, we will discuss our fee structure clearly upfront before any work begins. There are no surprise charges.
    How much could my refund be?
    It depends on the penalties and interest you were assessed during the COVID period. Refunds can range from a few hundred dollars for individuals to tens of thousands for businesses with significant late-filing or underpayment situations. Our review will give you a realistic estimate based on your actual IRS records.