Key Points
IRS opened online Form 843 filing for Kwong-related COVID tax refund claims.
Most individual taxpayers must file protective claims by July 10, 2026.
Kwong ruling postponed deadlines for the entire COVID-19 disaster period, plus 60 days.
The government already appealed Kwong; the IRS brief is due July 20, 2026.
The IRS COVID tax refund window is closing fast for certain taxpayers. On July 7, 2026, the IRS launched an online option for Form 843 claims tied to Kwong v. United States. This new IRS COVID tax portal lets individuals file protective refund claims electronically. The catch: most taxpayers must act before July 10, 2026. Business filers still must submit Form 843 on paper. Here’s what the Kwong decision means, who qualifies, and why this narrow window matters right now.
What The IRS COVID Tax Portal Actually Does
The IRS added electronic filing for Form 843, Claim for Refund and Request for Abatement. This IRS COVID tax option applies only to individual taxpayers with fully paid penalties and interest. Filers need an existing IRS Online Account to use it.
- Individuals: can file Form 843 online for paid penalties and interest
- Businesses: must still file Form 843 on paper
- Unpaid penalty abatement: still requires the paper form
Attorney Glen Frost called the tool a shortcut for people running out of time. The portal simplifies filing but does not extend the underlying deadline itself.
Why This Deadline Exists
The Kwong decision, from the U.S. Court of Federal Claims, found certain tax deadlines were automatically postponed. That postponement covered the entire COVID-19 federally declared disaster period. Adding the required 60 days pushes many claim deadlines to July 10, 2026. National Taxpayer Advocate Erin Collins publicly flagged this deadline as unfair to unrepresented filers.
Collins warned that unrepresented and low-income taxpayers face special risk of losing refunds. She estimated only a small fraction of eligible people will file on time. That warning explains why the IRS COVID tax portal arrived just days before the cutoff.
Background: The Kwong v. United States Case
Terry Kwong, a California taxpayer, triggered this entire refund opportunity. His dispute began with a loss carryforward from a 2005 transaction. The IRS later reduced that loss, creating unresolved tax liabilities for 2007, 2010, and 2011.
- Kwong faced failure-to-file and failure-to-pay penalties across multiple years
- He later paid his full 2007, 2010, 2011, 2015, and 2016 tax balances
- The IRS disallowed his refund claims in September and October 2020
Kwong sued in 2023, arguing his claims remained timely under section 7508A. Judge Meyers agreed, ruling that COVID-19 disaster relief automatically paused certain deadlines. That ruling opened the door for other taxpayers facing similar penalty situations.
How Section 7508A Changed The Timeline
Section 7508A postpones federal tax deadlines during declared disasters, including COVID-19. The relevant disaster period ran from January 20, 2020, through May 11, 2023. Adding 60 days brought Kwong’s filing deadline to July 10, 2023, making his 2023 lawsuit timely.
Congress amended section 7508A on November 15, 2021, shortening future postponement periods significantly. Judge Meyers ruled that change did not apply retroactively to the COVID-19 disaster period. That distinction is central to why Kwong claims still work today.
Why Taxpayers Should Act Before Friday
The government has already appealed the Kwong ruling to the Federal Circuit. The IRS now has until July 20, 2026, to file its appellate brief. If the Federal Circuit reverses the decision, unfiled claims may lose their chance entirely. Filing now protects a taxpayer’s position regardless of the outcome of the appeal.
- Check IRS transcripts for penalty codes 160 and 166
- Review interest charges tied to COVID-era tax years
- File Form 843 by July 10, 2026, where applicable
Kwong himself did not win every dollar he requested. He recovered funds for only one tax year, without costs or fees. That outcome shows filing preserves rights but never guarantees full recovery.
A Related Case: Abdo v. Commissioner
Kwong was not the only case testing the reach of section 7508A during the pandemic era. In Abdo v. Commissioner, the U.S. Tax Court reached a similar conclusion. That court also found an automatic postponement applied during the pandemic period.
Both rulings relied on statutory text rather than IRS administrative guidance. This approach reflects a broader post-Loper Bright shift in how courts read tax law. It signals more scrutiny ahead for IRS interpretations of postponement rules.
Final Thoughts
The IRS COVID tax portal offers a faster path for eligible individual taxpayers this week. Kwong v. United States created a narrow, time-sensitive refund opportunity tied to pandemic-era penalties. Taxpayers with paid penalties or interest from 2020 through 2023 should check their transcripts now. This story centers on IRS procedure and tax law, not equity markets or specific stocks. Filing Form 843 by July 10, 2026, protects your claim while the government’s appeal remains pending.
Disclaimer:
The content shared by Meyka AI PTY LTD is solely for research and informational purposes. Meyka is not a financial advisory service, and the information provided should not be considered investment or trading advice.
What brings you to Meyka?
Pick what interests you most and we will get you started.
I'm here to read news
Find more articles like this one
I'm here to research stocks
Ask Meyka Analyst about any stock
I'm here to track my Portfolio
Get daily updates and alerts (coming March 2026)