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Posted by bono9763@yahoo.com on August 22, 2007, 4:38 pm
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> Just giving this a shot.
>
> I have a client who wants to look back as many years as
> possible for potentially amending. I know that if one owes,
> that will always be due. But this client owes to the IRS
> about $850 for the Year 2003. Based on the language from the
> 1040x Instructions,"3 years after the date you filed the
> original return or within 2 years after the date you paid
> the tax, whichever is later" it seems legally that this
> client still has the right to file for a credit for the Year
> 2003. (Yet intuitively I feel that I am reading this
> incorrectly.
>
> Can someone clarify this for me?
I'm not sure where your confusion is coming from. There are
two possible dates of interest and the deadline for filing
an amended return is the later of those two dates.
(1) 3 years after filing. The deadline for filing the 2003
return was April 15, 2004. If he filed his return by then,
the last date for amending is April 15, 2007. If he filed
for an extension or just plain filed late, then the last
date for amending is three years from the date he filed. So
it really depends on when he filed his original return in
determining this date.
(2) 2 years after paying the tax. If he filed on time, and
the IRS sent him a notice in 2005 that he owed more tax and
he paid that tax on February 5, 2006, then the last date he
could amend his return is two years past the date he paid
the tax, Feb. 5, 2008. In this example, this would be later
than 3 years past the filing deadline.
Hope this makes it clear.
Dennis
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