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Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 1001
Experience:  Tax Preparer for 16 years; 25+ years experience as a real estate/corporate paralegal.
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Due to extensive family illness, I filed my 2007 tax return

Resolved Question:

Due to extensive family illness, I filed my 2007 tax return on October 15, 2011. I did have an extension originally until October 15, 2008. An IRS agent told me I can still amend this 2007 return, now in 2013, and get a credit on my account for future tax liabilities, but no refund check, since my accountant did not pick up the extensive medical expenses I incurred in 2007. Another IRS agent said the statute has passed and an amendment of my 2007 return would be a waste of my time. Who is correct?
Submitted: 9 months ago.
Category: Tax
Expert:  Barbara replied 9 months ago.

Barbara :

Welcome. My name is XXXXX XXXXX it will be my pleasure to assist you with your tax question today.

Barbara :

You are free to amend your 2007 tax return, but you would be doing so for informational purposes only since the statute of limitations of 3 years has expired. You will not receive a refund or credit for any refund to which you may be entitled.

Barbara :

It is your choice as to whether you want your 2007 tax return to reflect correct information or not.

Barbara :

Please let me know if you require further information or clarification on this. Thank you.

Barbara :

Please let me know if you were able to view my responses. At my end it shows you are "standing by."

JACUSTOMER-7i8h01gk- :

The agent who told me to go ahead and file the amendment was very detailed with her advice, stating that no check would be issued, but a credit to my account for future tax liabilities would be given. The language I read in the tax code regarding amendments states "from the date the return was filed" not "from the date the return was due". I'm not being argumentative, just looking for clarification. I certainly don't want to waste my time filing the amendment, unless it would prove beneficial.

JACUSTOMER-7i8h01gk- :

What does it mean when the language in the IRS statute code for amendments refers to "credit" vs."refunds"?

Barbara :

Give me a moment. I apologize, but I initially did not read that you filed your 2007 return in 2011. My apologies.

JACUSTOMER-7i8h01gk- :

It would seem to me that if the statute runs for the IRS beginning from the date the return was filed, the same should hold true for the taxpayer.

Barbara :

The following is specific language as to the timing of filing an amended return:

Barbara :

File Form 1040X only after you have filed your original return. Generally, for a credit or refund, you must file Form 1040X within 3 years (including extensions) after the date you filed your original return or within 2 years after the date you paid the tax, whichever is later. If you filed your original return early (for example, March 1 for a calendar year return), your return is considered filed on the due date (generally April 15). However, if you had an extension to file (for example, until October 15) but you filed earlier and we received it July 1, your return is considered filed on July 1.

JACUSTOMER-7i8h01gk- :

Yes, that is the section I was referring to which states "from the date you filed your original return", so back to my original question....I filed my 2007 return on October 15, 2011. Can I still receive a credit/refund if I file an extension now? Thanks.

JACUSTOMER-7i8h01gk- :

I didn't mean extension. I meant amendment. Sorry!

Barbara :

My opinion is that you are within the 3 years of the date of filing your return, and I would amend your return. If you are simply adding extensive medical expenses, it should not be difficult to amend your return, and it may be well worth your while to do so. Please note that the amended return will have to be mailed in and the processing time is usually 3-6 months, but will most likely be longer due to the recent government shutdown when the IRS was closed as well.

Barbara :

Of course, I should have mentioned that every time you call the IRS and speak to a different representative, you will receive different answers each time.

JACUSTOMER-7i8h01gk- :

Thanks, XXXXX XXXXX am prepared to wait for the processing of the amendment. I don't have the refund/credit at this time, anyway. And yes, it won't be much trouble to gather the medical info to get this amendment done. My confusion stems from getting contradictory answers from two different IRS agents. The first one volunteered the information to go ahead and amend during a conversation in which I mentioned not capturing the medical for 2007 and even for 2008. Another agent later told me the statute had run. I will amend both and hope for positive results.

Barbara :

I would amend your returns and see what happens. The effort you put forth to do so may benefit you in the long run, and I wish you the best of luck. Please come back to me here if you have any questions when you are actually preparing the amended returns. Just put for "bkb1956 or Barb" in the subject line, and I will be happy to assist you.

Barbara :

If you are satisfied with my answers to you, please take a moment to rate my answer since that is an important part of being an expert on JustAnswer, and I strive for excellence. Best regards, Barb

JACUSTOMER-7i8h01gk- :

Thank you for your time this morning. I will keep your i.d. on hand and contact you when I need assistance. Also, I will leave you an excellent rating today.

Barbara :

Thank you so much and have a great day!

JACUSTOMER-7i8h01gk- :

Ditto to you!

Barbara :

Thank you.

Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 1001
Experience: Tax Preparer for 16 years; 25+ years experience as a real estate/corporate paralegal.
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