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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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