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Could You Be Owed a Refund for COVID-Era IRS Penalties?

Between 2020 and 2023, keeping a small business afloat felt wildly unpredictable. For service-based businesses—especially subcontractors, tradespeople, and real estate professionals across Montana—managing disrupted cash flow, securing supplies, and keeping operations moving took priority over deciphering shifting federal tax deadlines. Now, a recent federal court ruling suggests the IRS may have improperly charged significant penalties and interest during the extended COVID-era disaster period.

If you paid fees for late filings or delayed tax payments during this window, you might actually be owed a refund.

Understanding the Pandemic Penalty Overcharge

Under current law, specific tax deadlines are automatically legally postponed during federally declared disasters. Because the federal COVID disaster declaration stretched continuously from January 2020 through May 2023, a federal court recently determined that many taxpayer filing and payment deadlines were extended far longer than initially applied by the IRS.

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The practical result? Thousands of late-filing fees, late-payment penalties, and associated interest charges assessed against taxpayers during those chaotic years might not have been legally valid. If you operate a growing business earning between $100K and $500K, recovering these improper fees can add vital working capital back into your operations to fuel future growth.

The July 10, 2026 Deadline Looms

The federal government will likely appeal this ruling, but taxpayers cannot afford to sit back and wait for a final verdict. For many people, the strict statute of limitations to preserve your refund rights expires on July 10, 2026. Missing this critical cutoff means permanently losing your legal right to recover those funds, even if the appeals courts eventually rule favorably for taxpayers.

To safely secure your position, we highly recommend filing a "protective refund claim." While it does not immediately result in the IRS issuing a check, it legally holds your place in line and protects your rights.

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Who Should Consider Filing?

You may be eligible to recover funds if you or your business fall into any of these common categories:

  • Service providers or contractors assessed late payment penalties
  • Individuals who filed tax returns late during the pandemic years
  • Businesses that entered into installment agreements after penalties had accrued
  • Taxpayers charged substantial IRS interest between 2020 and 2023

Our firm strongly believes in what we call the “three-legged stool” of business stability: keeping your books accurate, your taxes optimized, and your payroll running on time. Ensuring you are not overpaying the IRS for invalid penalties is a critical part of optimizing that middle leg.

The Outdated Catch

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There is one frustrating logistical hurdle: current guidance indicates these protective claims generally require physical paper filings rather than simple digital submissions. Navigating outdated federal mail systems takes time and precision, which is why acting proactively is essential to guarantee your claim is received and processed correctly.

Let Us Review Your Tax Situation

Our practice is built entirely on Montana values: simplicity, honesty, and lasting relationships. We proudly serve clients in Billings and throughout the surrounding states, offering practical, personal solutions to complex tax problems. If your business was hit with IRS penalties during the pandemic years, do not leave hard-earned money on the table.

Contact our Billings office today. We will gladly review your specific history, determine if a protective refund claim makes strategic sense, and handle the formal paperwork so you can stay focused on confidently running your business.

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