Side effect of IRS extension of filing deadline

Yesterday (it's now 4/17 here) the IRS announced a 48 hour extension of the filing/payment deadline for taxpayers affected by the storms of the past weekend. My purely hypothetical question is... would this extend the deadline for 2003 amendments/refund claims which would have reached the statute of limitations on 4/15 (4/17)? Personally, I think that anyone who arranges their affairs so poorly that they are up against a hard deadline deserves whatever befalls them, but I'm curious just the same. Ira Smilovitz
Reply to
Ira Smilovitz
I vote "no."
Unlike the 4/17 due date, which is grounded in law (IRC 7503), this seems to be general noblesse oblige on the part of the IRS, using the administrative discretion that they have. I wouldn't rely on it for anything other than what they specifically cite. -- Phil Marti Clarksburg, MD
Reply to
Phil Marti
No.
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,,id9543,00.html Frequently Asked Questions about the April 16, 2007, Storm Relief Q: Does the storm relief apply to the individual tax refund claims for tax year 2003 where the regular three-year statute of limitations is expiring? A: No. We do not have the authority to extend the statute of limitations for the filing of the refund claims or any other time sensitive acts unless there is a Presidential disaster declaration.
Reply to
Steve Foley
Q: Does the storm relief apply to the individual tax refund claims for tax year 2003 where the regular three-year statute of limitations is expiring? A: No. We do not have the authority to extend the statute of limitations for the filing of the refund claims or any other time sensitive acts unless there is a Presidential disaster declaration.
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,,id9543,00.html -- Don EA in Upstate NY
Reply to
Don Priebe
The statute of limitiations is three years from the original filing deadline date in 2003, and therefore has nothing to do with 2007 filing deadlines or extensions.
I agree.
Reply to
Helpful One
IRS cannot extend statutory deadlines or else there effectively would never be a statute of limitations (i.e. the IRS could extend the period indefinitely and audit someone after 3 years at will).
Reply to
mattisyahu
No.
formatting link
,,id9543,00.html. Frequently Asked Questions about the April 16, 2007, Storm Relief Q: Does the storm relief apply to the individual tax refund claims for tax year 2003 where the regular three-year statute of limitations is expiring? A: No. We do not have the authority to extend the statute of limitations for the filing of the refund claims or any other time sensitive acts unless there is a Presidential disaster declaration. Bob Sandler
Reply to
Bob Sandler
There are a couple of nuances here. First the deadline for 2003 amended returns is 4/15/2007 or 3 years from the date the 2003 original return was filed, whichever is later. Second, assuming a timely 2003 return, since the 3 year statute expired on a Sunday and the following Monday was a DC holiday, IRC 7503 treats a claim filed 4/17/2007 as timely. -- Phil Marti Clarksburg, MD
Reply to
Phil Marti
The IRS website stated that 4/17 is the deadline for 2003 returns....not sure about the storms though
Reply to
ConanOBrien
In the case of fraud, the IRS can audit at will without regard to the timeframe.
Reply to
OhioTaxPro
Taxpayers with a balance due have, in my opinion, arranged their affairs well if that arrangement includes filing and paying at the last minute.
Moderator: Our colleague Dr. Brown was referring to taxpayers who have refunds coming and find themselves up against the three year refund statute.
Reply to
Bill Brown
Actually the instructions to the form 1040x say "must be received within three years after the date you filed your original return or within two years after the date you paid the tax, whichever is later." I take that to mean that if one filed a 2003 return on March 2nd, 2004, then they have until March 2nd 2007 to properly amend. ChEAr$, Harlan Lunsford, EA n LA
Reply to
Harlan Lunsford
My understanding was that the statute of limitations ran three years from the date filed or the date "due," whichever was later. But that's a mistake. The time for the IRS to assess additional tax is three years from the date a return is filed or the date due, whichever is later. See IRS § 6501. But the time for claiming a refund by the taxpayer is different. Under §6511, as Harlan noted, the claim must be made within three years of when the return was filed (irrespective of when it was due) or two years from when the tax was paid. Stu
Reply to
Stuart A. Bronstein
You missed the last sentence of the paragraph in the instructions: File Form 1040X only after you have filed your original return. Generally, for a credit or refund, Form 1040X must be filed within 3 years after the date you filed the original return or within 2 years after the date you paid the tax, whichever is later. A return filed early is considered filed on the due date.
Reply to
A.G. Kalman
IRC 6513 sets the date as the original due date for early returns. -- Phil Marti Clarksburg, MD
Reply to
Phil Marti

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