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Ask Wendy Reed Your Own Question
Wendy Reed
Wendy Reed, Enrolled Agent
Category: Tax
Satisfied Customers: 3346
Experience:  15+ years tax preparation and tax advice.
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I filled tax for 2006 on September 2010 I except a refund will

Customer Question

I filled tax for 2006 on September 2010 I except a refund will I get the refund or the limitation for refund is done?
Submitted: 6 years ago.
Category: Tax
Expert:  Wendy Reed replied 6 years ago.
Chat Conversation Started
Wendy Rieger :

Thank you for giving me the opportunity to assist you. I will give the best answer that I can with the information provided.

Customer :

I did not get any answers ! my question was I filled tax for 2006 on September 2010 I except a refund will I get the refund or the limitation for refund is done?

Wendy Rieger :

Unfortunately, you have a three year statute of limitations to submit a claim for a refund. The three years ends on the later of the date that the tax was paid or the date the return was filed. However, if no return was filed, you have two years after the tax was paid, but generally the IRS will pay refunds on a return that is filed no later than 3 years after the due date of the return. Since the due date of the 2006 return was April 15, 2007, filing on Sept. 2010 is too late to get a refund. However, it is beneficial to you that you are filing a return. The tax year will be complete and will not remain open indefinitely.

Customer :

Is there anything I can do to get this refund

Customer :

in 2009 my son filled by mistake he entered a wrong amount of his income and tax held online I in the mean time claimed him the Irs stopped his return and asked for more information if he worked for 5 months as an adult and tax was held from him on the same place were I work can he fix this and how

Wendy Rieger :

I'm sorry--a little confused...is this a second question, or does it relate to the original rturn that wasn't filed?

Customer :

it is not related thats a second question

Wendy Rieger :

Okay, regarding the 2006 return, the statute of limitations for a refund can be suspended, but only for serious cases such as incapacitiation. See pages 13 and 14 of the following brochure regarding this topic: http://www.txsea.org/media/nrp_2010_limitations.pdf

Wendy Rieger :

Either you or your son must amend your return. The same person cannot be claimed twice on a return. If your son truly is your dependent, then you do nothing. In this case, he can still file a return as a dependent, but not claim his own exemption. If this is the case---he needs to amend his return.

Customer :

how can he amend the return? The Irs sent a letter asking for his W2 and a letter from the company which he has .... so can you please guide me so I can guide him.

Wendy Rieger :

If he qualified for 2009 as your dependent, then he needs to file a 1040X that explains that he incorrectly claimed his own exemption on his original return. He can attach the W2 and letter from the company. He should send this via certified mail. You can get a 1040X form and instructions at www.irs.gov.

Wendy Rieger :

I am retiring for the evening, I will check again in the morning if you need assistance.