Home Forums Refunds Protective claim for refund

0 replies, 1 voice Last updated by  Refundtalk 2 years, 8 months ago
  • Refundtalk
    Keymaster
    @admin
    #1135

    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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