The IRS May Owe You a COVID-Era Refund (Deadline: July 2026)

Tax Smart Real Estate Investors
Tax Smart Real Estate InvestorsJun 2, 2026

Why It Matters

Taxpayers and companies that paid pandemic-era penalties or interest could recover hundreds to billions of dollars, but must act before the July 10, 2026 filing cutoff amid ongoing litigation and an uncertain final outcome.

Summary

Recent court rulings have found the IRS misapplied interest and penalty accrual rules tied to the COVID-era disaster period, potentially entitling taxpayers who paid federal income tax-related penalties or interest between Jan. 20, 2020 and July 10, 2023 to refunds. Two key cases—ABDO (Tax Court) and Kuang (Court of Federal Claims)—concluded the automatic postponement under section 7508A should have suspended accruals for the statutory disaster period, overturning the IRS’s narrower interpretation. The IRS has appealed key rulings and says it agrees only with a limited postponement, leaving legal uncertainty, but tax advocates and the IRS’s Taxpayer Advocate have signaled taxpayers should review past payments. A deadline to file refund claims is looming: July 10, 2026, after which many claims may be time-barred.

Original Description

Did you pay IRS penalties or interest during the COVID years? The IRS may owe you a refund.
In this episode, Thomas Castelli and Nathan Sosa break down two major court cases that could impact taxpayers who paid penalties and interest between 2020 and 2023.
They explain why recent court rulings have challenged the IRS's interpretation of COVID-era tax relief, who may be eligible for a refund, and what steps you should take before the July 2026 deadline.
You'll learn:
- Why the IRS's handling of COVID-era penalties and interest is being challenged
- How the Kwong and Abdo cases could affect taxpayers
- Who may qualify for a refund
- How to check your IRS transcripts for potential claims
- What a protective claim is and why filing one may be important
- Why real estate investors and business owners should pay particular attention
Plus, Thomas and Nathan answer a listener question about short-term rental tax strategy, cost segregation studies, and how personal use can impact your ability to utilize losses.
Important: This opportunity is not guaranteed, and the IRS is continuing to challenge portions of these rulings. However, taxpayers may need to take action before July 10, 2026, to preserve their rights.
If you're wondering whether you may qualify, this is an episode you won't want to miss.
Request a FREE 30-Minute Discovery Meeting:
Get the Ultimate FREE STR Tax Strategy Bundle:
Submit your question for Tom & Nathan: go.therealestatecpa.com/question
00:00 Introduction: IRS Refund Opportunity for COVID-Era Penalties & Interest
00:46 What You'll Learn in This Episode
00:54 Short-Term Rental Tax Strategy Bundle
01:33 The IRS May Owe Taxpayers a Refund
01:47 The COVID Disaster Relief Law Explained
03:20 How the IRS Interpreted the Rules
04:10 ABDO v. Commissioner Explained
05:08 Kwong v. United States: The IRS Refund Case Explained
05:57 Who Is Eligible for a Refund?
06:22 The IRS Appeal and What Happens Next
07:15 How to Check Whether You Qualify
08:04 Filing Form 843 and Protective Claims
09:02 Tax Planning for Real Estate Investors and Business Owners
10:06 Why Filing a Protective Claim Is Important
10:45 Why Real Estate Investors Should Pay Attention
12:00 Building a Strong Refund Claim
13:02 Should You Hire a Tax Professional?
13:19 How Hall CPA Is Helping Clients File Claims
15:09 Final Thoughts on the Kwong Case
16:01 Why Your CPA May Not Know About This Yet
16:17 Could Congress Force the IRS to Issue Refunds?
16:58 Listener Question: Using an STR Before Placing It in Service
18:00 Understanding the 14-Day Personal Use Rule
19:20 How to Avoid Triggering Vacation Rental Limitations
20:35 Submit Your Tax Questions for Future Episodes
20:43 Working With Hall CPA on Tax Strategy
21:00 Episode Wrap-Up & Key Takeaways
21:03 Podcast Disclaimer
The Tax Smart Real Estate Investors podcast is for general information purposes only and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. Information on the podcast may not constitute the most up-to-date legal or other information. No reader, user, or listener of this podcast should act or refrain from acting on the basis of information on this podcast without first seeking legal and tax advice from counsel in the relevant jurisdiction. Only your individual attorney and tax advisor can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation. Use of, and access to, this podcast or any of the links or resources contained or mentioned within the podcast show and show notes do not create a relationship between the reader, user, or listener and podcast hosts, contributors, or guests. Any mention of third-party vendors, products, or services does not constitute an endorsement or recommendation. You should conduct your own due diligence before engaging with any vendor.

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