Can you sue the IRS for not processing your tax return?

Asked by: Tyrel Rippin  |  Last update: February 13, 2024
Score: 4.6/5 (52 votes)

You can sue if you request a refund and the IRS denies it, but you cannot sue for a delayed refund. However, the IRS must pay you interest if it does not issue your refund within a certain time frame.

What to do if IRS has not processed my return?

Individual taxpayers can call the IRS at 800-829-1040 if:
  1. It's been 21 days or more since you e-filed your return.
  2. It's been six weeks since you mailed a paper tax return.
  3. Where's My Refund? tells you to contact the IRS.

How long can the IRS legally take to process a return?

The IRS issues most refunds in fewer than 21 calendar days. You can check the status of your refund with “Where's my refund?” on IRS.gov or the IRS2Go mobile app.

Can I sue the IRS for taking too long to process my return?

Yes, you can sue the Internal Revenue Service (IRS) in federal tax court for limited issues relating to your tax refund claim, an audit from the IRS, or a countersuit in response to the IRS suing you in the United States Tax Court for unpaid taxes. Keep in mind these are all technical matters for which you can sue.

Can I sue the government for not getting my tax refund?

Generally, if you fully paid the tax and the IRS denies your tax refund claim, or if the IRS takes no action on the claim within six months, then you may file a refund suit. You can file a suit in a United States District Court or the United States Court of Federal Claims.

IRS JUST APPROVED THOUSANDS: DO NOT FILE YOUR TAX RETURN YET (wait until Jan. 29th)

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How do I file a complaint against the IRS?

Report Fraud, Waste and Abuse to Treasury Inspector General for Tax Administration (TIGTA), if you want to report, confidentially, misconduct, waste, fraud, or abuse by an IRS employee or a Tax Professional, you can call 800-366-4484 (800-877-8339 for TTY/TDD users). You can remain anonymous.

What happens if you are owed a tax refund from the government but you don t file your taxes?

Some people may choose not to file a tax return because they didn't earn enough money to be required to file. Generally, they won't receive a penalty if they are owed a refund. But, they may miss out on receiving a refund.

Can my refund be stuck in processing?

If over 21 days since being Accepted by the IRS and the tax refund is still Processing you can call the IRS and speak with an IRS agent concerning your tax refund.

What can I do if my refund is taking too long?

What should I do?
  1. IRS.gov “Where's My Refund?”
  2. The IRS2Go mobile app.
  3. IRS Refund Hotline – 800-829-1954. Wait at least 21 days after electronically filing and six weeks after mailing your return to contact the IRS by phone.

Can I sue the IRS for emotional distress?

Because it is a federal government entity, it is granted sovereign protections—so you cannot sue for things like emotional distress or punitive damages. Instead, you can sue for technical matters such as collecting a refund due or as a countersuit if the IRS sues you for back taxes.

What's the longest your tax refund can be delayed?

How long can a tax refund be delayed? Since there are several reasons your tax refund could be delayed, there's no standard timeline for when you can expect the issue to be resolved. A tax refund could be delayed weeks or even months in some cases.

Why is the IRS delaying refunds 2023?

One of the main reasons why the IRS warns of delay in 2023 is because of ongoing changes to tax laws. The COVID-19 pandemic has led to several changes to the tax code, including new deductions, credits, and other provisions. These changes have led to confusion and delays in processing tax returns.

Why is my IRS refund taking so long 2023?

Return Errors – A return can be held up because of simple math mistakes, forgetting to sign, incomplete forms, incorrect SSN, etc. (things an experienced CPA can help you avoid). Income That Doesn't Match – Your W-2 and 1099 information must be the same as the copies that the IRS has on file.

Why is my return not being processed?

As the return is processed, whether it was filed electronically or on paper, it may be delayed due to: Mistakes. Missing information. Suspicious activity referred by banks.

How do I talk to a live person for IRS refund?

Use Where's My Refund, call us at 800-829-1954 (toll-free) and use the automated system, or speak with a representative by calling 800-829-1040 (see telephone assistance for hours of operation).

How do I get a live person at the IRS?

How Do I Reach a Real Person at the IRS
  1. Call (800) 829-1040.
  2. Choose your language (Press 1 for English)
  3. Press 2 to speak with a live IRS person about your personal income tax.
  4. At the next prompt press 1.
  5. Then press 3.
  6. Then press 2.
  7. Ignore the next message(s) asking for your tax ID number.

How long is acceptable to wait for a refund?

The seller has to pay you the refund within 14 days from when they receive the item.

Should I be worried if my refund is still being processed?

If your refund status used to be your tax return is still being processed, but now the status says it is being processed, the IRS may have detected an issue in your tax return that could cause a delay in the release of your tax refund.

How long is too long to wait for tax refund?

The IRS issues more than 9 out of 10 refunds in less than 21 days. However, it's possible your tax return may require additional review and take longer.

Why is my tax return still being processed after 6 months?

Some tax returns take longer to process than others for many reasons, including when a return: Is sent by mail. Contains errors or is incomplete. Needs further review in general.

What does it mean when it says your tax return is still being processed?

Return Being Processed Means the IRS Received Your Tax Return, But It Could Still Be Delayed. Many taxpayers use the Where's My Refund tool and wonder what “Return being processed” means for them and their refund.

Does the IRS pay interest on delayed refunds?

If you file taxes and are owed a refund, regardless of if they are on time or late, the IRS begins this 45-day period on the day they receive it physically or electronically. Once the period has passed, the IRS will apply interest to your refund to be issued once they send the refund.

How much do you have to owe the IRS to go to jail?

You ignore the bill and all of the IRS's collection notices. At this point, the IRS may obtain a civil judgment against you for the $10,000. This gives the IRS the right to issue a federal tax lien, seize your assets, garnish your wages, or take other collection actions. The IRS cannot put you in jail.

How much is IRS failure to file penalty?

The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%.

Will the IRS do your taxes for you?

The IRS uses the information it has (usually information statements about your income, like Forms W-2 and 1099) to file for you. But the IRS doesn't give you any credits or deductions that you might use if you prepared and filed your own return.