Deadline to Claim 2007 Refund

[sports222]

If you had an extension on file for 2007, and you need to claim a refund for that year, is the deadline for the return to be postmarked 10/15/11 or 10/17/11?
Thank you

[rangerj]

When was the return actually filed, that is what was the date it was actually filed. The statute of limitations, for filing a claim for refund, is three years from the due date or the actual filing date, if that is after the due date. The statute of limitation is also two years after the payment of the tax if that is later than the three year statute date. If after the three year date the amount that can be claimed is the amount actually paid at the later date. There are some exceptions for situations involving bad debts, worthless securities, and foreign tax credits.

[sports222]

This would be a return that was not filed yet, but an extension was filed for the 2007 year.

[rangerj]

When was the 2007 return ACTUALLY filed? The three year statute of limitations begins when the return is actually filed. Neither the 2007 extension due date, nor the 2011 extension due date, are determinative.

[sports222]

The 2007 return was never filed. An extension was requested for the 2007 tax year before 4/15/08. I want to see if I can get the 2007 refund due if the return is postmarked by tomorrow.

[rangerj]

Per Internal Revenue Code section 6511(a) if no return was filed (2007=4-15-2008) the claim for refund must be filed within two years from the time the tax was paid. IIR tax withheld (and timely estimated payments) are considered to have been paid on the due date (Not the extension date) of the return in question for this purpose. Anyone know for sure, as I have not looked at this aspect of the issue for a long time.

[TheOtherMe]

I think the refund is lost if not filed within 2 years. I would still advise to file the tax return ASAP.

[mwcpa]

the rule is that a "late" filed return must be within 3 years of the due date for one to be able to claim any refund....
as it is past the 15th and 17th of Ocotber I would not have been one waiting until the last minute to claim such and would have had the forms "filed" (postmark, certified mail with a return receipt requested) before October 15th to ensure it was timely.

[taxref]

MWCPA is correct.

This is a subject where the way the rules are written cause confusion, especially in regards to the "2 years from when the tax was paid" issue. The way I use to keep this straight is to go by the warnings issued by the IRS early each April.

Each April, the IRS begins to publicize that those who didn't file their returns from 4 years ago will lose their refunds unless they file by 4-15. For example, in the spring of 2011 the IRS issued such warnings for 2007 1040s. The IRS press releases warned those not filing 2007 returns by 4-15-11 would lose their 2007 refunds.