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Merlo, Accountant
Category: Tax
Satisfied Customers: 9783
Experience:  25+ years tax consulting. Specializing in returns for US citizens living abroad
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In 2004 I inadvertantly failed to file income taxes. The IRS

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In 2004 I inadvertantly failed to file income taxes. The IRS froze my return from 2009 until I did so. I filed 2004 which shows them owing me app. $2000.00 but they are telling me I wont get it back because the return is over three years overdue. Is this legal?

Hello JA Customer,


Yes, that is correct. There is a statute of limitations on how long a taxpayer can file a return and still receive a refund. The statute is 3 years from the original due date of the return in question. Your 2004 return was due on April 15, 2005 so you only had until April 15,2008 to file a return for 2004 and still receive any refund which you were due.


I am sorry I could not give you a more favorable answer, but this has always been the law in effect on refunds.


If this was helpful please press the Accept button.


Thank you JA Customer



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