IRS Publication 17 — Your Federal Income Tax (Individuals)

Source [6] p. 56 IRS Publication 17 — Your Federal Income Tax (Individuals)

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“In most ca- ses, under the statute of limitations, a claim for credit or refund must be filed within 3 years from the time a return was filed or 2 years from the time the tax was paid. However, if you receive a retroactive service -connected disability rating determination, the statute of limitations is exten- ded by a 1-year period beginning on the date of the determination. This 1 -year extended…”

dollar amount or demand an immediate refund. However, a valid protective claim must:

• Be in writing and signed;

• Include your name, address, SSN or ITIN, and other contact information;

• Identify and describe the contingencies affecting the claim;

• Clearly alert the IRS to the essential nature of the claim; and

• Identify the specific year(s) for which a refund is sought. Mail your protective claim for refund to the address listed in the Instructions for Form 1040 -X under Where To File.

Generally, the IRS will delay action on the protective claim until the contingency is resolved. Limit on amount of refund. If you file your claim within 3 years after the date you filed your return, the credit or refund can’t be more than the part of the tax paid within the 3 -year period (plus any extension of time for filing your return) immediately before you filed the claim. This time period is suspended while you are financially disabled, discussed later. Tax paid. Payments, including estimated tax payments, made before the due date (without regard to extensions) of the original return are considered paid on the due date. For example, income tax withheld during the year is considered paid on the due date of the return, which is April 15 for most taxpayers.

Example 1. You made estimated tax payments of $500 and got an automatic extension of time to October 15, 2022, to file your 2021 income tax return. When you filed your return on that date, you paid an additional $200 tax. On October 15, 2025, you filed an amended return and claimed a refund of $700. Because you filed your claim within 3 years after you filed your original return, you can get a refund of up to $700, the tax paid within the 3 years plus the 6-month extension period immediately before you filed the claim.

Example 2. The situation is the same as in Example 1, except you filed your return on October 30, 2022, 2 weeks after the extension period ended. You paid an additional $200 on that date. On October 30, 2025, you filed an amended return and claimed a refund of $700. Although you filed your claim within 3 years from the date you filed your original return, the refund was limited to $200, the tax paid within the 3 years plus the 6 -month extension period immediately before you filed the claim. The estimated tax of $500 paid before that period can’t be refunded or credited. If you file a claim more than 3 years after you file your return, the credit or refund can’t be more than the tax you paid within the 2 years immediately before you file the claim.

Example. You filed your 2021 tax return on April 15, 2022. You paid taxes of $500. On November 5, 2023, after an examination of your 2021 return, you had to pay an additional tax of $200. On May 12, 2025, you file a claim for a refund of $300. However, because you filed your claim more than 3 years after you filed your return, your refund will be limited to the $200 you paid during the 2 years immediately before you filed your claim.

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