If I filed an extension to file taxes in 2020 can I still get my 2020 refund check from the IRS if I file my taxes today Sept 20th, 2024.
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1 Answer
No, if you haven't yet filed the 2020 tax return then it is too late. The statute of limitations for claims for refund is the IRC Sec. 6511:
(a) Period of limitation on filing claim
Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid.
Unless you had an explicit and written agreement from the IRS extending your filing deadline to after September 20, 2024 (in which case IRC Sec. 6511(c) applies), you haven't filed a timely return and the statute of limitations expired 2 years after the tax was paid.
The automatic extension to file (form 4868) that you likely have filed allows extending the filing deadline to October 15th of the same year, so you should have filed the 2020 return by October 15th, 2021.
Specifically for 2020 there were additional extensions, and the refund statute of limitations for that year kicked in in May 2024. See the IRS Notice 2023-21.
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"you haven't filed a timely return and the statute of limitations expired 2 years after the tax was paid." But the quote doesn't say "timely" return. It says "return". If they file an untimely original return more than 2 years after the tax return due date, that is still an original return, and the claim would be made 0 years after this (untimely) original return is filed, so the statute of limitations in IRC 6511(a) wouldn't be expired, though the limitation in IRC 6511(b)(2)(A) would still limit the refund to the tax paid within the last 3 years. Commented Sep 23 at 18:53