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FAQ:
10 things taxpayers need to Know about getting
a tax refund from the IRS
1. A taxpayer has the right to file a claim for a credit or refund,
after making tax payments to the IRS. Taxpayers can request a tax
credit or a tax refund by filing Form 1040X (in the case of
individuals) or Form 1020X (in the case of corporations).
2. A taxpayer can request a copy of a prior filed tax return from the
IRS by using Form 4506.
3. A taxpayer can also obtain a copy (transcript) of the tax account
for an individual income tax return. A transcript can be requested from
a taxpayer's local IRS office. The transcript will provdie information
on the type of return file, marital status, the tax shown on the
return, adjusted gross income, taxable income, self-employment tax, and
the number of exemptions.
4. Generally, a taxpayer must file a claim for a credit or refund
within 3 years from the date the original tax return was filed or 2
years from the date the tax was paid, whichever is later.
5. If a taxpayer files a claim within 3 years after filing a return,
the credit or refund cannot be more than the part of the tax paid
within the 3 years (plus any extension of time for filing the return)
before the claim is filed.
6. If a taxpayer files a claim after the 3-year period, but within 2
years from the time the tax is paid, the credit or refund cannot be
more than the tax paid within 2 years immediately before the claim was
filed.
7. Special rules are provided for a bad debt, a worthless security, a
payment or accrual of foreign tax, a net operating loss carrback, or a
carryback of certain tax credits. See section 6501 of the IRS code.
8. Claims are usually processed shortly after they are filed. A
taxpayer's claim may be accepted as filed or it may be examined.
9. If a claim for credit or refund is based only on a contested income
tax or on estate tax or gift tax issues consdered in previously
examined returns, a taxpayer does not have to appeal to the IRS for the
refund. The taxpayer can request in writing that the claim be
immediately rejected. A notice of claim disallowance will then be
promptly sent to the taxpayer who then has 2 years from the date of
mailing of the notice of disallowance to file a refund suit in the US
Distrcit Court in the US Court of Federal Claims.
10. A refund may be reduced by an additional tax liability, past-due
child support, or debts owed to another agency. A taxpayer cannot use
the appeal and refund procedures for those reductions.
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