How flexible is the deadline for filing 1040X?

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MrJones
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Joined: Sat Mar 18, 2017 2:23 am

How flexible is the deadline for filing 1040X?

Post by MrJones »

I filed my 2017 taxes on Aug 12 of 2018. I found an error, and am due about $3k.

I understand that I'm past the deadline from the instructions for 1040X and threads like this. But only by about 1.5 months, and it is a large sum that is due.

What are my chances of getting a 1040X accepted? Thank you!
secondcor521
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Re: How flexible is the deadline for filing 1040X?

Post by secondcor521 »

MrJones wrote: Mon Sep 27, 2021 8:01 pm What are my chances of getting a 1040X accepted? Thank you!
Zero.
nalor511
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Re: How flexible is the deadline for filing 1040X?

Post by nalor511 »

secondcor521 wrote: Mon Sep 27, 2021 8:44 pm
MrJones wrote: Mon Sep 27, 2021 8:01 pm What are my chances of getting a 1040X accepted? Thank you!
Zero.
For$3k,I would still file it, personally, postage is only $1.75 or so. But it does say you cannot get a refund after 3 years from filing or payment (later)
Topic Author
MrJones
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Re: How flexible is the deadline for filing 1040X?

Post by MrJones »

secondcor521 wrote: Mon Sep 27, 2021 8:44 pm
MrJones wrote: Mon Sep 27, 2021 8:01 pm What are my chances of getting a 1040X accepted? Thank you!
Zero.
Proof?
Walobolo
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Re: How flexible is the deadline for filing 1040X?

Post by Walobolo »

Proof of what? There is a hard deadline. You missed the deadline.

Just send it and in 18-24 months or so you will find out for sure. Maybe you get lucky. Maybe not. Will only cost you a stamp to find out.
FoolishJumper
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Re: How flexible is the deadline for filing 1040X?

Post by FoolishJumper »

MrJones wrote: Tue Sep 28, 2021 12:19 pm
secondcor521 wrote: Mon Sep 27, 2021 8:44 pm
MrJones wrote: Mon Sep 27, 2021 8:01 pm What are my chances of getting a 1040X accepted? Thank you!
Zero.
Proof?
https://www.irs.gov/faqs/irs-procedures ... form-1040x

The 'generally' there is special circumstances that have different deadlines than April 15th for the original return. There isn't leniency allowed - the IRS agent who would have to approve your refund manually doesn't have the ability to do so without a tax court ruling or IRS commissioner approval (I'm not even sure if the commissioner could do so and I'm not willing to review the regulations for this post). Otherwise, that employee is giving you money that you aren't due. You aren't asking for waiving of interest or something that is at the perusal of individual IRS employees. You no longer are due that refund since the statute of limitations has expired, so it simply is no longer your money. You have just as much right to that 'large sum' as I do.

By all means, put a stamp on it and mail it away, but I would stake my life savings that you will not get a refund that is past the statute of limitations unless it is due to a failure of the IRS.
Topic Author
MrJones
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Re: How flexible is the deadline for filing 1040X?

Post by MrJones »

FoolishJumper wrote: Tue Sep 28, 2021 3:13 pm
MrJones wrote: Tue Sep 28, 2021 12:19 pm
secondcor521 wrote: Mon Sep 27, 2021 8:44 pm
MrJones wrote: Mon Sep 27, 2021 8:01 pm What are my chances of getting a 1040X accepted? Thank you!
Zero.
Proof?
https://www.irs.gov/faqs/irs-procedures ... form-1040x

The 'generally' there is special circumstances that have different deadlines than April 15th for the original return. There isn't leniency allowed - the IRS agent who would have to approve your refund manually doesn't have the ability to do so without a tax court ruling or IRS commissioner approval (I'm not even sure if the commissioner could do so and I'm not willing to review the regulations for this post). Otherwise, that employee is giving you money that you aren't due. You aren't asking for waiving of interest or something that is at the perusal of individual IRS employees. You no longer are due that refund since the statute of limitations has expired, so it simply is no longer your money. You have just as much right to that 'large sum' as I do.

By all means, put a stamp on it and mail it away, but I would stake my life savings that you will not get a refund that is past the statute of limitations unless it is due to a failure of the IRS.
Thank you, that explanation and perspective makes a lot of sense.
MarkNYC
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Re: How flexible is the deadline for filing 1040X?

Post by MarkNYC »

secondcor521 wrote: Mon Sep 27, 2021 8:44 pm
MrJones wrote: Mon Sep 27, 2021 8:01 pm What are my chances of getting a 1040X accepted? Thank you!
Zero.
As has been mentioned, the IRS does not have flexibility to process a refund from an amended return that is filed after the statute has expired. But not enough information has been provided to say that your chances are zero of having an amended return accepted, for two reasons.

First, there are several tax issues that provide for a longer than 3-year statute of limitations for filing an amended return for a refund, for example: bad debt, worthless security, foreign tax credit. So without knowing the reason for the amended return, we can't say for sure the statute has expired.

The second remote chance relates to your filing date and where you live. You said you filed the 2017 return on Aug 12, 2018, but did not say whether you efiled. If you paper-filed, and the USPS delivery was slow, or IRS receiving process slow, it's possible IRS may show the return as received/filed in early September, let's say Sept 4, 2018, which means your amended return would be due Sept 4, 2021. In response to Hurricane Ida, for residents of LA, MS, NJ, NY, and parts of PA the IRS has extended until Jan 3, 2022 the deadline for filing various individual and business tax returns that have an original or extended due date beginning Sept. 1, 2021. If you live in an affected location, this filing extension date should include your 2017 amended return, and give you sufficient time to file.
bsteiner
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Re: How flexible is the deadline for filing 1040X?

Post by bsteiner »

FoolishJumper wrote: Tue Sep 28, 2021 3:13 pm ... There isn't leniency allowed - the IRS agent who would have to approve your refund manually doesn't have the ability to do so without a tax court ruling or IRS commissioner approval (I'm not even sure if the commissioner could do so and I'm not willing to review the regulations for this post).
...
You can't go the Tax Court unless the IRS wants money from you. If the IRS denies your refund claim, you can file a refund suit in Federal District Court or in the Court of Federal Claims.
MarkNYC wrote: Tue Sep 28, 2021 5:27 pm ...
First, there are several tax issues that provide for a longer than 3-year statute of limitations for filing an amended return for a refund, for example: bad debt, worthless security, foreign tax credit. So without knowing the reason for the amended return, we can't say for sure the statute has expired.

The second remote chance relates to your filing date and where you live. ...
I had a case in the IRS Appeals office involving a foreign tax credit refund claim where the IRS person auditing the refund claim didn't realize that the statute of limitations on the foreign tax credit was 10 years rather than 3 years. I assume that's because it could take a while before the amount of tax due in the other country is finally determined. In my case, the taxpayer wasn't aware that they could claim a foreign tax credit.

I also had two cases in the IRS Appeals office involving the due date. The IRS person who denied the refund claim didn't take into account that where a deadline is on a Saturday or Sunday, you get until the following Monday (or the following Tuesday if the following Monday is a holiday).
Retired Bill
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Re: How flexible is the deadline for filing 1040X?

Post by Retired Bill »

Also if you were in a federally declared disaster area, sometimes you get more time to file returns.
Topic Author
MrJones
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Re: How flexible is the deadline for filing 1040X?

Post by MrJones »

Walobolo wrote: Tue Sep 28, 2021 12:39 pm Proof of what? There is a hard deadline. You missed the deadline.
Generally, single word responses of the sort the previous poster before you wrote ("Zero") don't have much thought put into them, and because of that, neither provide useful insight, nor an opportunity to learn, nor even provide evidence of their claim. That post was obviously incorrect as subsequent posts have clearly shown there are many cases where refunds are perfectly possible. Hence my response asking for proof of that poster's claim from that poster.
Topic Author
MrJones
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Joined: Sat Mar 18, 2017 2:23 am

Re: How flexible is the deadline for filing 1040X?

Post by MrJones »

Thank you, everyone! As usual, I've learned a lot from this thread about how the deadline works. Good to know this is by statue, and therefore not overridable normally, but that there are several exceptions.

Personally, I did indeed file by paper. The error was in computation of capital losses. Some of the money would have been due the next year, if the year in question had been filed correctly. I'll probably file both 1040x's, but would be surprised if I got even a partial refund for the subsequent year.
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