Kwong v. United States: A New Opportunity to Recover COVID-Era IRS Penalties
A recent federal court decision, Kwong v. United States, has created a potentially significant and time-sensitive opportunity for individual and business taxpayers to recover COVID-era IRS penalties and interest. The core idea: if a tax deadline was legally postponed due to the pandemic, then penalties and interest that accrued during that postponement window may have been wrongly assessed.
Act Now: For many taxpayers, the primary deadline to file a refund claim is July 10, 2026, but payments made after that date may have later deadlines. The government’s pending appeal does not pause the clock.
Who Qualifies for Relief and Why the July 10, 2026 Deadline Matters
What the Court Decided
The court ruled that COVID-19 triggered an automatic, mandatory postponement of certain tax deadlines, not just deadlines the IRS chose to extend through official notices, but broadly across the disaster period.
For COVID-19, that postponement runs from January 20, 2020 through July 10, 2023 (the end of the COVID emergency declaration plus an additional 60-day period). The court also rejected the IRS’s position that this postponement could not exceed one year, opening the door to relief over a much longer period than many taxpayers assumed.
Who May Be Affected
The decision may benefit individuals and businesses whose filing or payment deadlines fell within the COVID postponement window. Common situations include:
- Income tax returns filed late during the pandemic (individuals, corporations, partnerships, or S corporations)
- Tax payments made late, whether with a late-filed return or after receiving a balance-due notice
- Estimated tax underpayment penalties where due dates fell inside the window
- Late payroll tax deposits and related business penalties
- Late-filing penalties for partnerships and S corporations
- Certain other penalties assessed at the entity level depending on the facts
Penalties are the most straightforward category, but interest may also be recoverable in some cases. The court’s reasoning supports the position that interest tied to a postponed deadline should not accrue during the postponement period, though the interest analysis tends to be more fact-specific.
How to Claim Relief
Relief is not automatic, you need to file a claim. Depending on whether the penalties and interest have already been paid or are still outstanding, the path forward differs:
- Paid penalties or interest: file a refund claim with the IRS
- Unpaid penalties or interest: request an abatement (reduction or removal) from the IRS
In some situations, if the underlying tax amount also needs to be corrected, an amended tax return may need to be filed alongside the penalty claim.
The Key Date: July 10, 2026 – But Not the Only Date
Refund claim deadlines are generally the later of:
- Three years from when the original return was filed, or
- Two years from the date the penalty or interest was actually paid
For many taxpayers, the three-year rule points to July 10, 2026 as the primary deadline. However, if you paid a penalty or interest after July 10, 2023, the two-year-from-payment rule may give you more time. For example, a penalty paid on July 1, 2025 could be claimable through July 1, 2027.
Note: The government filed an appeal in May 2026, but the clock on filing deadlines keeps running regardless. Waiting to see how the appeal plays out could mean missing your window entirely.
Bottom Line
Kwong v. United States is a meaningful development for any taxpayer who was assessed, or paid, IRS penalties or interest tied to filing and payment obligations during the COVID-19 pandemic. If you or your business received penalty notices or paid late-filing, late-payment, estimated tax, or payroll deposit penalties related to the 2020 through 2023 period, now is the time to find out whether a refund or abatement claim is available before the window closes.
Reach out to your tax advisor to assess your specific situation and determine whether a claim is warranted, and when it needs to be filed.