Claim Your IRS Refund for Previous Tax Penalties

Adam Bott, AAMS®, CPFA® - Financial Advisor
June 4, 2026

If you or your business paid IRS interest or penalties during the Covid era, you are likely entitled to a significant cash refund of those penalties. Yes, you read that right.

A recent federal court ruling (Kwong v. United States) established that the IRS improperly assessed failure-to-file and failure-to-pay penalties, along with underpayment interest, during the official COVID-19 disaster window (spanning January 20, 2020 through July 10, 2023). To claim this money, a formal IRS Form 843 must be filed. You have until July 10, 2026 to file and lock in your refund rights before the window closes permanently.

What Form 843 is for

Use Form 843 if you want the IRS to:

  • Refund certain taxes, penalties, interest, or fees you've already paid, or
  • Cancel (abate) certain taxes, penalties, interest, or fees you owe

Use a different form if you need to:

  • Amend an individual income tax return? Use Form 1040-X
  • Request a refund of income tax
  • Correct Additional Medicare Tax
  • Correct payroll tax returns (Forms 941, 943, 944, 945, etc.)
  • Request refunds of agreement fees, offer-in-compromise fees, or lien fees
  • Request abatement of income, estate, or gift tax

You may be able to use Form 843 if you are requesting:

  • Removal of an IRS penalty
  • Refund of a penalty you already paid
  • Removal of interest caused by an IRS error or delay
  • Refund of Social Security or Medicare tax withheld by mistake
  • Refund of excess Social Security, Medicare, or railroad retirement tax withheld
  • Refund of certain excise taxes or fees
  • Relief because you relied on incorrect written advice from the IRS

Step-by-Step: Completing Form 843

1. Check One Reason Box

At the top of the form, select only one reason for filing.

Examples:

  • Penalty refund/abatement
  • Interest refund/abatement
  • Tax refund/abatement
  • Other (if none of the listed reasons apply)

Do not check multiple boxes.

2. Enter Your Name

Use the taxpayer's name. If the issue relates to a joint return, use the name shown on that return.

3. Enter Your Tax ID Number

Use:

  • SSN (most individuals)
  • ITIN (if applicable)
  • EIN (businesses)

For joint returns, include both spouses SSNs or ITINs.

4. Enter Your Mailing Address

Provide your current address where you want IRS correspondence sent.

Filling Out the Numbered Lines

Line 1 — Tax Period

Enter the tax year or period involved like calendar year, quarterly tax period, or fee year.

Line 2 — Amount Requested

Enter the dollar amount you want refunded or removed.

Example:

Penalty assessed: $250
Amount requested: $250

Line 3 — Payment Dates

If you already paid the tax, penalty, or interest, include the payment date(s). If you have not paid yet and are requesting an abatement, this may not apply.

Line 4 — Type of Tax or Fee

Check the category involved.

Examples include employment tax, excise tax, estate tax, gift tax, or fee. If your request involves a penalty or interest, check the tax type that the penalty or interest relates to.

Line 5 — Related Return

Indicate which tax return is involved.

Examples:

  • Form 1040
  • Form 706
  • Form 709
  • Other listed return

Line 6 — Penalty Code Section (If Applicable)

Only complete this if you're requesting relief from a penalty.

You can usually find the Internal Revenue Code section on the IRS notice.

Example: IRC Section 6651

If your request is not penalty-related, leave this blank.

Line 7 — Reason for Request

Choose the option that best explains why you're requesting the refund or abatement.

If none of the listed choices apply, select "Other".

Line 8 — Explanation

This is the most important part of the form.

Clearly explain:

  1. What happened
  2. Why the IRS should grant the refund or abatement
  3. How you calculated the amount requested

Attach supporting documents such as:

  • IRS notices
  • Payment records
  • W-2s
  • Employer statements
  • Correspondence with the IRS
  • Any other evidence supporting your claim

A good explanation typically includes dates, facts, amounts involved, and references to any IRS notices.

Signing the Form

You must sign and date the form.

If the issue relates to a joint return, both spouses generally must sign.

For a business return, an authorized officer must sign.

For estates and trusts, the fiduciary signs.

If an attorney, CPA, or other representative files for you, attach a completed Form 2848.

Where to Mail Form 843

Mailing addresses depend on the type of claim, the tax involved, and whether you're responding to an IRS notice.

If you're responding to an IRS notice, mail Form 843 to the address shown on that notice. Otherwise, mail it to the IRS service center where you would normally file the related tax return.

Filing Deadline

Generally, you must file within three years from when the original return was filed, or two years from when the tax was paid, whichever is later.

Final Review

Before you mail the form:

  • Check one reason box only
  • Complete Lines 1–8
  • Sign and date the form
  • Attach supporting documents
  • Attach Form 2848 if using a representative
  • Keep a copy for your records
  • Mail to the correct IRS address

If you or your business paid IRS interest or penalties during the Covid era, you are likely entitled to a significant cash refund of those penalties. Yes, you read that right.

A recent federal court ruling (Kwong v. United States) established that the IRS improperly assessed failure-to-file and failure-to-pay penalties, along with underpayment interest, during the official COVID-19 disaster window (spanning January 20, 2020 through July 10, 2023). To claim this money, a formal IRS Form 843 must be filed. You have until July 10, 2026 to file and lock in your refund rights before the window closes permanently.

What Form 843 is for

Use Form 843 if you want the IRS to:

  • Refund certain taxes, penalties, interest, or fees you've already paid, or
  • Cancel (abate) certain taxes, penalties, interest, or fees you owe

Use a different form if you need to:

  • Amend an individual income tax return? Use Form 1040-X
  • Request a refund of income tax
  • Correct Additional Medicare Tax
  • Correct payroll tax returns (Forms 941, 943, 944, 945, etc.)
  • Request refunds of agreement fees, offer-in-compromise fees, or lien fees
  • Request abatement of income, estate, or gift tax

You may be able to use Form 843 if you are requesting:

  • Removal of an IRS penalty
  • Refund of a penalty you already paid
  • Removal of interest caused by an IRS error or delay
  • Refund of Social Security or Medicare tax withheld by mistake
  • Refund of excess Social Security, Medicare, or railroad retirement tax withheld
  • Refund of certain excise taxes or fees
  • Relief because you relied on incorrect written advice from the IRS

Step-by-Step: Completing Form 843

1. Check One Reason Box

At the top of the form, select only one reason for filing.

Examples:

  • Penalty refund/abatement
  • Interest refund/abatement
  • Tax refund/abatement
  • Other (if none of the listed reasons apply)

Do not check multiple boxes.

2. Enter Your Name

Use the taxpayer's name. If the issue relates to a joint return, use the name shown on that return.

3. Enter Your Tax ID Number

Use:

  • SSN (most individuals)
  • ITIN (if applicable)
  • EIN (businesses)

For joint returns, include both spouses SSNs or ITINs.

4. Enter Your Mailing Address

Provide your current address where you want IRS correspondence sent.

Filling Out the Numbered Lines

Line 1 — Tax Period

Enter the tax year or period involved like calendar year, quarterly tax period, or fee year.

Line 2 — Amount Requested

Enter the dollar amount you want refunded or removed.

Example:

Penalty assessed: $250
Amount requested: $250

Line 3 — Payment Dates

If you already paid the tax, penalty, or interest, include the payment date(s). If you have not paid yet and are requesting an abatement, this may not apply.

Line 4 — Type of Tax or Fee

Check the category involved.

Examples include employment tax, excise tax, estate tax, gift tax, or fee. If your request involves a penalty or interest, check the tax type that the penalty or interest relates to.

Line 5 — Related Return

Indicate which tax return is involved.

Examples:

  • Form 1040
  • Form 706
  • Form 709
  • Other listed return

Line 6 — Penalty Code Section (If Applicable)

Only complete this if you're requesting relief from a penalty.

You can usually find the Internal Revenue Code section on the IRS notice.

Example: IRC Section 6651

If your request is not penalty-related, leave this blank.

Line 7 — Reason for Request

Choose the option that best explains why you're requesting the refund or abatement.

If none of the listed choices apply, select "Other".

Line 8 — Explanation

This is the most important part of the form.

Clearly explain:

  1. What happened
  2. Why the IRS should grant the refund or abatement
  3. How you calculated the amount requested

Attach supporting documents such as:

  • IRS notices
  • Payment records
  • W-2s
  • Employer statements
  • Correspondence with the IRS
  • Any other evidence supporting your claim

A good explanation typically includes dates, facts, amounts involved, and references to any IRS notices.

Signing the Form

You must sign and date the form.

If the issue relates to a joint return, both spouses generally must sign.

For a business return, an authorized officer must sign.

For estates and trusts, the fiduciary signs.

If an attorney, CPA, or other representative files for you, attach a completed Form 2848.

Where to Mail Form 843

Mailing addresses depend on the type of claim, the tax involved, and whether you're responding to an IRS notice.

If you're responding to an IRS notice, mail Form 843 to the address shown on that notice. Otherwise, mail it to the IRS service center where you would normally file the related tax return.

Filing Deadline

Generally, you must file within three years from when the original return was filed, or two years from when the tax was paid, whichever is later.

Final Review

Before you mail the form:

  • Check one reason box only
  • Complete Lines 1–8
  • Sign and date the form
  • Attach supporting documents
  • Attach Form 2848 if using a representative
  • Keep a copy for your records
  • Mail to the correct IRS address

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Fort Collins, CO 80528
CONTACT
(970) 460-2233
adam.bott@lpl.com

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