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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 577
Experience:  10 years experience
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If filed extension 2012 taxes and paid 2000 and 700 . long

Customer Question

If filed for an extension for my 2012 taxes and paid 2000 for federal and 700 for state. long story short. I owe much less. I never filed that years taxes and I actually made almost no money. Is there any way I can now file and claim that refund now. I know that there is a 3 year deadline, but I did file for an extension.
Submitted: 6 months ago.
Category: Tax
Expert:  emc011075 replied 6 months ago.
Hi. My name is ***** ***** I will be happy to help you. Statute of limitation for a refund is 3 years after return had been filed or 2 years after payment had been made, whichever comes later. If not return had been file, statute of limitation expires 2 years after payment had been made. If you didn't file the return, your statute of limitation expired last year.
Expert:  emc011075 replied 6 months ago.
Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid.... source: https://www.law.cornell.edu/uscode/text/26/6511
Customer: replied 6 months ago.
that doesnt seem right. I have a letter from the irs from june 22 2015 saying I have a 2000 dollar credit.
Customer: replied 6 months ago.
sorry I didnt read that last part. so i have 3 years from when it was paid. so if i filed for an extention and then overpaid taxes and didnt file, I have 3 years from when the payment was made?
Customer: replied 6 months ago.
I paid this 2000 dollars in a lump sum. I believe after april 15 2013. So do I have 3 years from the payment?
Expert:  emc011075 replied 6 months ago.
you had a credit because you didn't file a return. It is 3 years from filing a return or 2 years from the time a payment had been made.
Expert:  emc011075 replied 6 months ago.
Any questions? Why did you make the estimated payments at the first place if you didn't have much income?
Customer: replied 6 months ago.
quot;Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid."
Im not sure i understand. Does this not mean that if I paid money in july of 2013 for a 2012 tax year that I did not owe money, I have untill july of 2016 to claim it?
Expert:  emc011075 replied 6 months ago.
Income tax is NOT required to be paid by a stamp and you didn't pay it by purchasing a tax stamp. You had 2 years, not 3.
Expert:  emc011075 replied 6 months ago.
you can claim a refund within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid....
Expert:  emc011075 replied 6 months ago.
If you made a payment in July 2013 you had until July 2015 to claim the refund by filing a return.