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The Kwong Ruling: A Potential Path to Recovering COVID-Era Tax Penalties

Managing a business or personal finances during the pandemic presented unprecedented challenges for many of our clients here in Cumming and beyond. If you faced cash flow constraints that led to IRS tax penalties and interest during that time, a significant legal development requires your attention.

A recent decision by the U.S. Court of Federal Claims in Kwong vs. United States challenges how the IRS handled deadlines during the COVID-19 disaster declaration. This ruling could open the door for taxpayers—especially the service-based entrepreneurs and business owners we work with daily—to recover penalties that may have been incorrectly assessed.

Understanding the Kwong vs. U.S. Decision

The core of this case revolves around Internal Revenue Code Section 7508A(d). The court ruled that during a federally declared disaster, the law mandates an automatic extension of tax deadlines. While the IRS previously argued these extensions were limited to one year, the court rejected that stance.

Here is the bottom line: The court determined that the filing and payment extensions should have legally spanned from January 20, 2020, to July 10, 2023. Consequently, "failure-to-file" or "failure-to-pay" penalties charged during this window may be invalid.

Solving the tax penalty puzzle

Actionable Steps for Taxpayers

While this ruling is favorable, the IRS is expected to appeal. Therefore, the strategy is about preserving your rights now so you do not miss the window for a potential refund later. Here is how we recommend proceeding:

  • Review Your Transcripts: First, we need to identify if you were assessed penalties or interest between January 20, 2020, and July 10, 2023. You can access your data via the Get Transcript tool on IRS.gov. Creating an account allows for immediate download.
  • File a Protective Refund Claim: To ensure the statute of limitations does not expire while the government appeals the case, you should file a "protective claim" using Form 843. This acts as a placeholder, locking in your right to a refund should the Kwong decision be upheld.
  • Leverage Abatement Options: If you currently owe penalties, this ruling can be cited as justification for abatement. Additionally, starting in 2026, the IRS plans to automate First-Time Abatement (FTA) for eligible taxpayers, offering another route for relief.

The Critical Timeline

In tax law, timing is everything. The ruling establishes that claims related to this decision must be filed within three years of the legally recognized deadline. This means the final cutoff to submit your claim is July 10, 2026.

Moving Forward with Clarity

At Get Balanced CPA, our goal is to help you maintain financial control with as little stress as possible. Whether you run a dental practice, work in real estate, or operate as a contractor, we do not want you leaving money on the table.

If you believe you paid substantial penalties during the pandemic years, please reach out to our office at 2100 Westshore Drive. Sam Faulkner and our team can review your transcripts and help you file a protective claim to safeguard your potential refund.

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