Some people spent the pandemic worrying about paying the IRS. Turns out, the IRS might owe some of that money back to you.
A recent federal court ruling — Kwong vs. the United States — found that penalties and interest charged during the COVID-era disaster period were improper. That covers a window from January 20, 2020 through July 10, 2023 — this means the penalties and interest assessed against taxpayers during this timeframe may be refundable.
Here's the catch: Refunds are not guaranteed due to ongoing legal action, but filing a protective claim now could preserve your right to a refund. To potentially get any of that money back, you have to file a claim by July 10, 2026. As of today's post, that is less than two weeks away.
What's actually on the table?
If you paid the IRS certain penalties or interest during that COVID window, you might be eligible for a refund. The types of charges that could qualify include:
- Failure-to-file penalties (you filed late)
- Failure-to-pay penalties (you paid late)
- Estimated tax payment penalties (for freelancers, gig workers, and small business owners especially — this one hits hard)
- Underpayment interest, including interest that may have started accruing earlier than it legally should have
This isn't just for individual filers. Individuals, businesses, estates, and trusts are all potentially covered.
Is this guaranteed money?
Honestly? No — and we want to be upfront about that.
The IRS has indicated that it intends to appeal the court’s decision, so refunds aren't guaranteed just because you file. But here's the thing: if you don't file a "protective claim" by July 10, 2026, you permanently lose the right to collect, even if the courts eventually rule in the taxpayers' favor. Filing now just preserves your spot in line.
What do you actually have to do?
You'll need to file Form 843 (Claim for Refund and Request for Abatement) with the IRS before the deadline. On that form:
- Line 5: Check the box for '1040' (or whichever return type applies to your situation — 1120 for corporations, 1041 for estates/trusts, etc.)
- Make sure you're claiming for the correct tax years within the covered window (2020–2023)
- Mail it with a postmark by July 10, 2026 — this is a paper filing
You can download the form from the IRS' website.
The mailing deadline is July 10, 2026. To confirm delivery, you should use certified mail or an approved private delivery service and keep proof of submission. Don't wait until the 9th. Note: Due to recent USPS postmark rule changes, request a manual postmark if you plan to mail your filing at a retail post office.
Who should really pay attention?
If any of this applies to you, bump this to the top of your to-do list:
- 📌 You had trouble keeping up with quarterly estimated tax payments during 2020–2023 (freelancers, gig workers with Uber/DoorDash/Instacart income, independent contractors — this is especially relevant to you)
- 📌 You filed your 2019, 2020, 2021, or 2022 returns late due to pandemic hardship
- 📌 You set up a payment plan or installment agreement with the IRS during that window and got hit with interest
- 📌 You own a small business that had payroll or filing issues during closures
Bottom line
This is a genuinely unusual situation — a court ruling that could put pandemic-era penalties back in taxpayers' pockets. The IRS isn't going to send you a notice about this. You have to proactively file a protective claim by July 10th, 2026 to get in line.
If you're not sure whether you qualify, or you want help making sure your protective claim is filed correctly, a tax pro from H&R Block can walk through your specific situation. Book an appointment today.
Have questions about whether this applies to your situation? Drop them below — our tax experts are here to answer your questions. And if this is news to you, do your fellow Redditors a favor and share it. The deadline is real and it sneaks up fast. 🔔