Denied Refund

[Werneke99752]

What is the name of your state? Alaska

I mailed my 2015 IRS tax return on April 15th, 2019. I just received a letter from the IRS stating my 2015 refund is disallowed because the "received date" the IRS stamped it is April 29th, 2019. The letter also states "the last day to file a timely claim or return for tax year 2015 was April 15, 2019." By mailing and getting my 2015 return postmarked on the 15th, isn't that the date my return is supposed to be considered as filed? Do I have any options to get my 2015 refund reinstated?

 

[Dandy Don]

What is the reason that you are just now getting around to filing for a refund from the 2015 tax year?
What is the amount of the refund you were expecting?
What is your filing status--are you married with children, single?
Did you file a refund for 2016, 2017, and 2018?
Have you had problems receiving a refund in previous years?

 

[Werneke99752]

What is the reason that you are just now getting around to filing for a refund from the 2015 tax year?
What is the amount of the refund you were expecting?
What is your filing status--are you married with children, single?
Did you file a refund for 2016, 2017, and 2018?
Have you had problems receiving a refund in previous years?

1) Procrastination, forgot about it..... take your pick, doesn't really matter.
2) 6K.
3) Single, Head of Household.
4) 2016 yes, 2017 yes, 2018 yes.
5) Have never had a problem receiving refunds in the past, even when I have filed late. I also have never owed.

 

[Dandy Don]

The letter that you received from the IRS to deny your refund: did it mention anywhere that you may have the option to appeal their decision in writing and how to appeal it?

What city in Alaska do you live in?

 

[Werneke99752]

The letter that you received from the IRS to deny your refund: did it mention anywhere that you may have the option to appeal their decision in writing and how to appeal it?

It says I can file a suit and have a hearing sometime in the next two years. I'm just wondering if I have any chance of wining an appeal. That is why I asked if the post mark on my return, (April 15, 2019,) is proof of filing within the deadline as IRS rules state, or does the date they stamped it as received (April 29, 2019) apply instead.

 

[Taxing Matters]

What is the name of your state? Alaska

I mailed my 2015 IRS tax return on April 15th, 2019. I just received a letter from the IRS stating my 2015 refund is disallowed because the "received date" the IRS stamped it is April 29th, 2019. The letter also states "the last day to file a timely claim or return for tax year 2015 was April 15, 2019." By mailing and getting my 2015 return postmarked on the 15th, isn't that the date my return is supposed to be considered as filed? Do I have any options to get my 2015 refund reinstated?

What proof do you have of the postmark date? Did you mail it by certified mail and have the certified receipt for it? Or did you just pop it in a mailbox on 4/15 and trust that the post office would postmark it that day? And how much is the refund that is at issue here?

 

[Dandy Don]

He already stated the refund is $6,000.00. He shouldn't need to have proof of the postmark date since he already has confirmation that the IRS has received the return.

Please mention what city you live in so I can refer you to an appropriate agency.

 

[LdiJ]

He already stated the refund is $6,000.00. He shouldn't need to have proof of the postmark date since he already has confirmation that the IRS has received the return.

Please mention what city you live in so I can refer you to an appropriate agency.

I am sorry but I disagree with you on this one. The IRS apparently did not receive the return until April 29th. That is 14 days after the alleged postmark date. Without proof that it was postmarked on the 15th, I don't see how the OP could prevail. All the OP has is his/her word that it was postmarked on the 15th.

 

[Zigner]

What proof do you have of the postmark date? Did you mail it by certified mail and have the certified receipt for it? Or did you just pop it in a mailbox on 4/15 and trust that the post office would postmark it that day? And how much is the refund that is at issue here?

In another thread, I believe that you mentioned that it's the actual receipt date, not the postmark date, that matters in situations such as this. I believe it was said that the postmark date only counts for the original filing date... I could be wrong...?

 

[LdiJ]

In another thread, I believe that you mentioned that it's the actual receipt date, not the postmark date, that matters in situations such as this. I believe it was said that the postmark date only counts for the original filing date... I could be wrong...?

This IS an original filing. The OP said that they filed their 2015 tax return on April 15, 2019. The OP did not say it was an amended return or anything like that.

 

[Taxing Matters]

He already stated the refund is $6,000.00. He shouldn't need to have proof of the postmark date since he already has confirmation that the IRS has received the return.

The postmark date is critical. The claim for refund had to be filed with the IRS no later than April 15, 2019. Under Treasury Regulation § 301.7502-1 if the original return claiming that refund is postmarked by the due date (4/15/2019) then it is considered to be timely filed notwithstanding that the return was actually received by the IRS after that date. So to succeed in getting the refund, the OP needs to prove that the return was postmarked 4/15/2019, the day he said he mailed it. Once he answers the question of whether he has proof that would support the post mark date (e.g. certified mail receipt) or whether he simply put it in the mailbox that day and assumed it would be postmarked as of 4/15/2019 then I can lay out for him how this is likely to work out.

 

[Ohiogal]

So you can file four years late and receive a refund?

 

[Taxing Matters]

So you can file four years late and receive a refund?

Up to 3 years late. The 2015 return was due 4/15/2016. So 3 years from that date is 4/15/2019.

 

[Dandy Don]

Yes, it appears that you have waited one year too late and most likely will not get that refund. Some of the online tax preparers have an option for taxpayers to file as far back as 2016.

You may wish to find the Alaska office of the Taxpayer Advocate Service at the following website link and ask them your question.

https://taxpayeradvocate.irs.gov/contact-us

You might also want to consult with a CPA or lawyer with income tax expertise to look up case law on this.

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[quincy]

Yes, it appears that you have waited one year too late and most likely will not get that refund. Some of the online tax preparers have an option for taxpayers to file as far back as 2016.

You may wish to find the Alaska office of the Taxpayer Advocate Service at the following website link and ask them your question.

https://taxpayeradvocate.irs.gov/contact-us

You might also want to consult with a CPA or lawyer with income tax expertise to look up case law on this.

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No. It is not one year too late if the postmark was on April 15, 2019.