Does The IRS Owe You Money? Here’s How to Find Out and Get it Back

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By Rich Duprey Updated Published
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Does The IRS Owe You Money? Here’s How to Find Out and Get it Back

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While the standard April 15 tax deadline has passed, a significant new window has opened for millions of Americans. Tens of millions of taxpayers may be entitled to refunds or abatements of penalties and interest that the IRS assessed during the nearly 3.5-year COVID-19 federal disaster period. Most must act by July 10, 2026. This “protective claim” window is a critical opportunity for anyone who was assessed penalties or interest during that period.

Unclaimed funds also result from unfiled returns where withholdings or refundable credits, like the Earned Income Tax Credit (EITC) or the Child Tax Credit, were never claimed. The IRS estimated that approximately $1.2 billion in refunds remained unclaimed for the roughly 1.3 million taxpayers who had not filed their 2022 Form 1040, with a median unclaimed refund of $686. That April 15, 2026 window for 2022 returns has now closed, but the same dynamic applies to 2023 returns, where the deadline runs to April 15, 2027. If you suspect the IRS holds money belonging to you, the steps below will help you find out.

The New July Deadline: Protective Claims

In Kwong v. United States, 179 Fed. Cl. 382 (Nov. 2025), the U.S. Court of Federal Claims interpreted the pre-2025 version of IRC Section 7508A(d) and held that the COVID-19 disaster declaration triggered an automatic suspension of filing and payment deadlines. That suspension ran the full length of the declared disaster period, from January 20, 2020, through July 10, 2023. The IRS disagrees with this reading, and the Department of Justice has appealed the decision to the Federal Circuit, meaning the issue remains unsettled and could take years to resolve.

To preserve your rights in the meantime, you may need to file Form 843, Claim for Refund and Request for Abatement, by July 10, 2026. Note that the IRS redesigned Form 843 in December 2024, so the current version is Form 843 (Rev. 12-2024), with different line numbers and checkboxes than older copies found online. Taxpayers should write “Protective Refund Claim Pursuant to Kwong Case” or similar language across the top of the form and fill in as much detail as possible. As an additional safeguard, practitioners also recommend citing P.L. 119-64 (the Disaster Related Extension of Deadlines Act, enacted December 26, 2025), which independently requires the IRS to treat disaster-period postponements as extensions of return deadlines for refund-lookback purposes. Citing both gives the IRS two separate grounds to grant relief. The National Taxpayer Advocate recommends sending the form by certified mail with return receipt requested, so you have proof of the filing date if the claim is misplaced.

What Happens to Unclaimed Refunds?

Under the law, taxpayers generally have three years to file and claim their tax refunds. If they do not file within three years, the money becomes the property of the U.S. Treasury. For instance, the deadline to claim a 2023 refund is typically April 15, 2027. Once that window closes, taxpayers lose all rights to recover those funds, regardless of eligibility.

Does the IRS Owe You Money?

Several tools and steps can help you determine whether the IRS is holding a refund on your behalf.

  • Check IRS tools. Visit the IRS website and use the “Where’s My Refund?” tool at irs.gov/refunds. You will need your Social Security Number, filing status, and exact refund amount to look up your status.
  • New for 2026: The Tax Debt Help Tool. Launched on April 16, 2026, the IRS Tax Debt Help Tool is a free, anonymous self-service guide that walks you through payment resolution options, including installment agreements, temporary collection delays, and offers in compromise, without requiring you to enter a Social Security Number or create an account.
  • Review Past Returns. Check your W-2s or 1099s to see if taxes were withheld. For 2024, single filers with incomes under $14,600 (or $29,200 for joint filers) are not required to file but could still claim refunds for withheld taxes.
  • Verify Interest on Overpayments. For the second quarter of 2026 (April through June), the IRS overpayment rate for individuals was 6% per year, compounded daily. Beginning July 1, 2026, that rate rises to 7% for the third quarter. If the IRS has held your refund beyond the standard 45-day processing window, it owes you interest at these rates.

How to Claim Your Refund

Once you confirm the IRS owes you money, the first step is to file a return if you have not already done so. If you did file but it contained errors, submit Form 1040-X (Amended U.S. Individual Income Tax Return) within three years of the original filing date. If a refund check was returned undeliverable, submit Form 8822 (Change of Address) so any reissued checks reach you. For checks that were lost or never arrived, complete Form 3911 (Taxpayer Statement Regarding Refund) to initiate a replacement.

Claiming Refunds for a Deceased Relative

Heirs may claim a deceased relative’s unclaimed tax refund under specific IRS rules. Form 1310 was recently revised to reduce paperwork: a court-appointed representative filing an original return no longer needs to submit it. However, if you are claiming a refund on an amended return (Form 1040-X) for a decedent, Form 1310 is still strictly required. Heirs navigating this process should gather the decedent’s prior-year W-2s and 1099s early, since locating those records often takes the most time.

Conclusion

Unclaimed tax refunds represent a real opportunity to recover money you are legitimately owed, and 2026 has brought new deadlines and updated tools that make acting promptly more important than ever. The Kwong protective claim window closes July 10, 2026, for most taxpayers. The 2023 unclaimed-refund deadline arrives April 15, 2027. IRS overpayment interest rises to 7% starting July 1. Whether the issue involves COVID-era penalties, withheld wages, or refundable credits never claimed, a modest effort now can prevent permanently forfeiting those funds.

Editor’s note: This pass adds P.L. 119-64 (the Disaster Related Extension of Deadlines Act, enacted December 26, 2025) as a second independent statutory basis for protective Kwong claims, updates the Tax Debt Help Tool launch to the confirmed date of April 16, 2026, and corrects its description to reflect that it covers payment plans, collection delays, and offers in compromise rather than non-filing status. The overpayment interest rate for Q2 2026 (6%) and Q3 2026 (7% from July 1) are confirmed against IRS Internal Revenue Bulletin 2026-08 and 2026-22 respectively.

Contact [email protected] for any questions or corrections.

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About the Author Rich Duprey →

After two decades of patrolling the dark corners of suburbia as a police officer, Rich Duprey hung up his badge and gun to begin writing full time about stocks and investing. For the past 20 years he’s been cruising the markets looking for companies to lock up as long-term holdings in a portfolio while writing extensively on the broad sectors of consumer goods, technology, and industrials. Because his experience isn’t from the typical financial analyst track, Rich is able to break down complex topics into understandable and useful action points for the average investor. His writings have appeared on The Motley Fool, InvestorPlace, Yahoo! Finance, and Money Morning. He has been featured in both U.S. and international publications, including MarketWatch, Financial Times, Forbes, Fast Company, and USA Today.

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