Generally, a protective claim is a formal claim or amended return for credit or refund normally based on current litigation or expected changes in tax law or other legislation. You file a protective claim when your right to a refund is contingent on future events and may not be determinable until after the statute of limitation expires. A valid protective claim does not have to list a particular 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.
Clearly, alert the IRS to the essential nature of the claim, and
Identify the specific year(s) for which a refund is sought.
Generally, the IRS will delay action on the protective claim until the contingency is resolved.
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