3 year = 2007

[ILLMAS]

I have a client that hasn't filed in a couple of years, he qualifies for the EIC based on his income, I just want to make sure, he will need to file his 2007 today inorder for him to get the refund or is it 2008? My brain is not working today.

Thanks and good luck to everyone, hope you had a very successful tax season!!!

[Terry D EA]

Don't these people just amaze you? Yes, you are correct. If your client has a refund he must file today to be able to claim a refund. However, if he owes, then the staute for the IRS to collect is seven years with hoards of interest and penalties. Hope the result is a refund

[kcjenkins]

Actually, the deadline for filing 2007 and getting a refund was Friday, the 15th!

[BulldogTom]

Unless the Due Date of the 2007 return was 4/18, I think your client is SOL. The statute is 3 years from the due date of the return. I don't think you get the extended due date on a claim for refund. I think it had to be postmarked by 4.15.11

Maybe someone more enlightened than I could chime in, but I think the statute has run.

Tom

Lodi, CA

[ILLMAS]

Not worth looking into any further 15th or 18th, as they say "tough luck".

[TAXBILLY]

Actually, the deadline for filing 2007 and getting a refund was Friday, the 15th!

Not according to the IRS:

http://www.irs.gov/newsroom/article/0,,id=236811,00.html?portlet=7

taxbilly

[ljwalters]

I had one of those call last thursday I told him to come friday and plan on spending the whold day. He did and we filed 4 returns

that day '07, '08, '09, paper filed and Efiled 2010. No way I was doing the on the 18th.

He hadn't filed since 2000 except for 2004 seems he thinks he only needs to file years he thinks he is going to owe. I told him if he didn't want his refund to come to me and I would file and accept the money. Averaged 2000 per year except for 2010 only got back about 212.

Go Figure.

Linda

[redux]

Not according to the IRS:

http://www.irs.gov/newsroom/article/0,,id=236811,00.html?portlet=7

taxbilly

One has to wonder if this is one of those times when the IRS is 33% correct. I say do it by 4/15 and be safe.

[kcjenkins]

I saw that but do not believe it. The CODE says you have three years from the filing deadline, and the filing deadline in 07 was 4/15.

[ILLMAS]

I have printed it out, incase the date mysteriously changes to 04/15/11, you never know.

[jainen]

>>The CODE says you have three years from the filing deadline<<

Keep reading. Section 7503 says, "When the last day prescribed under authority of the internal revenue laws for performing any act falls on Saturday, Sunday, or a legal holiday, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday, or a legal holiday. For purposes of this section , the last day for the performance of any act shall be determined by including any authorized extension of time; the term “legal holiday” means a legal holiday in the District of Columbia."

Reg. Section 301.7503-1 further explains that "Section 7503 is applicable only in case an act is required under authority of any internal revenue law to be performed on or before a prescribed date or within a prescribed period. For example... the filing of a claim for credit or refund of any tax."